3 ms·
If you’re hiring contractors long-term in Spain for over a certain amount of their time (~80%) for the long term you can be liable as a full-time employer and m
by arcturus17 5y ago
If you’re hiring contractors long-term in Spain for over a certain amount of their time (~80%) for the long term you can be liable as a full-time employer and may be obligated to change their contracts to full-time. I know it’s the same in other European markets and I doubt there are any exemptions for non-EU employers whatsoever.
All other conditions you describe are the same for a European or Spanish company hiring contractors, as long as you are not meeting the conditions for full-time employment and therefore disguising FTEs as contractors.
I’m curious as to what countries you are operating in that allow these kind of exemptions compared to local EU entrepreneurs. IANAL but 99% sure these exemptions do not exist in Spain at least.
EDIT: This case study [1] by a Spanish law firm indeed claims that a company based outside the EU (UK post-Brexit) can be tried in Spain for false contractor relationships.
[1] https://likum.es/el-falso-autonomo-tambien-si-la-empresa-y-el-trabajador-son-extranjeros/ https://likum.es/el-falso-autonomo-tambien-si-la-empresa-y-e...