Not every collaboration is an employment relationship, and not every service contract avoids it. Article 12 of the Labor Code defines the employment contract as the agreement under which work is performed under the organization and orders of another person, in exchange for compensation. When the relationship between two parties is not clearly defined, the competent court determines its true nature based on the facts rather than on the name of the contract. Here you will find the boundary between an employment contract, a service contract, self-employment, and the position of administrator.
The criteria that truly distinguish the two—from the work schedule and location to the tools, dependency, and payment method—with concrete examples.
Read →When a collaboration with a self-employed person is reclassified as an employment relationship, what causes it and what are the consequences for both parties?.
Read →Is the administrator an employee, how is his compensation treated, and what are the obligations for contributions and reporting?.
Read →With fixed and indefinite terms, part-time, at home and by telephone, and when they automatically revert to indefinite status.
Read →AlProfit Consult analyzes the actual form of cooperation, assesses the risk of reclassification, and adjusts contribution documents to reflect their true nature as part of the monthly subscription.
