The boundaries of the employment relationship

When the content decides, not the title.

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The boundaries of the relationship

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.

✓ Content comes first, not the title. ✓ Dependency and orders ✓ Reclassification is determined by the court. ✓ Contributions follow their actual nature.

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