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Self: the law on our side

s Hi everyone,

Today I would like to discuss a topic that I consider most important in Atualidades of our profession, recruitment.

several months, we have seen how physical therapy in the forums no longer appear "job" as a condition requiring the Autonomous Registration with many other things.

While hiring free-lance workers are not illegal, it is necessary to know that how autonomous they have rights that the employer must comply.

But let's start the principle what a self-employed also called TRADE Dependent?
Autonomous Workers Statute defines it thus:

1 .- Self-employed person who makes a business or professional on a regular basis, personally and directly to a customer, you depend on to be received at least 75% of their income for earned income and economic or professional activities.
2 .- No contract workers or outsource all or part of their business.
3 .- not run their services in an undifferentiated of employees hired by the main client.
4 .- Have a infrastructure and own material.
5 .- Organize your work based on its sole discretion, without prejudice to follow the customer specifications.
6 .- perceive a variable depending on the results of its activities in accordance with the agreed customer.
7 .- not be in possession of commercial or industrial or office or offices open to the public.
8 .- not practice the profession together with others through partnerships or other legal form.

also provides:
-A minimum of system conditions of rest, with at least 18 days a year holiday.
"In the event of termination of contract can not be justified by self-compensated by
the damages they cause.
"They recognize the jurisdiction of the social to the litigation economically dependent self-employed.

words, this type of contract differs very well the false self. The physical therapists who will make a schedule and a fixed salary, and has no autonomy to organize their work is not a dependent or an independent autonomous simply. Is a worker for others illegally employed as self-employed.

All those physios who are in this situation should require employers to hiring at least according to the agreement of the Autonomous Region or State if he is not, based on the Statute of Workers and denounce Labour Inspectorate or the courts if their rights are respected.

You can find this information here: http://www.mtin.es/es/sec_trabajo/autonomos/economia-soc/autonomos/docs/BOE03042009.pdf On the last page of document podreis see model contract economically dependent worker.

Hope this helps to clarify the doubts that often occur, and that the group begins to reject job offers that do not comply with the law, and that after all, affects us all . We should be us who drive the profession and reclaim our rights as workers.

Greetings