Many people have assumed self-employment as a way to access a job market that is becoming more and more complicated. For this reason, these workers register as self-employed to be able to access a minimum income. However, there is a figure that, despite being self-employed for Social Security, has a series of singularities that differentiate it from a typical self-employed worker: the TRADE.
These professionals largely resemble a salaryman. In fact, many of these people become TRADE to be able to continue working ‘for someone else’ but being their own boss. “But what does this mean? How do I know if I am a TRADE?”
What is a TRADE?
As a starting point, it is necessary to attend to the definition itself of the term TRADE, which means Economically Dependent Self-Employed Worker.
This figure appears after the regulation of July 11, 2007 of the Self-Employment Statute, which included the regulation of the professional regime of the economically dependent worker.
In order to be a TRADE, a series of assumptions must be made:
– At least 75% of the income comes from the same payer.
– Not having employees under their charge, nor subcontracting part or all of the activity to third parties.
– Have own material and infrastructure.
– Be the one who defines how you organize your activity and your working hours.
– Collect remuneration based on results as agreed with the client.
– Not having a local, office or office open to the public, or being a partner of a third party.
What is the difference between a TRADE and a false self-employed person?
Precisely, all these conditions are those that the Labor Inspectorate examines to detect cases of false self-employment. Many of these workers are hidden by the company under the figure of TRADE.
Any Economically Dependent Self-Employed Worker must meet all the above requirements to be considered as such. In this way, anyone who appears as TRADE, but does not meet these conditions, can be considered a false self-employed person.
In addition, there are two more aspects to take into account, those that the courts examine to issue a sentence:
Dependence
It must be borne in mind that having your own material, organizing your activity and working hours as you wish, and establishing your own economic remuneration are fundamental aspects of being a TRADE.
When the employer establishes a salary, contributes his own means of production and sets a working day for the self-employed worker, this would be the case of a false self-employed person.
Alienity in risks
When a company hires an employee, it assumes part of the social security contributions, the hiring of the worker or the cost of dismissal, among other things.
On the contrary, when a professional has to assume these payment responsibilities, they would be considered self-employed and, if they do not meet the requirements to be a TRADE, they would be considered false self-employed.
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