TRADE the economically dependent self-employed worker

The concept of ‘economically dependent self-employed worker’ (also known in Spain as TRADE) falls between the two opposite concepts of employment and self-employment.

It refers to those who do not correspond to the traditional definition of employee because they do not have an employment contract as dependent employees.

However, although from a formal point of view they are ‘self-employed’, they are also economically dependent on a single employer for all or much of their income (according to Spanish law more than a 75% of their Wages and salaries, either as a salaried employee or as a businessperson).

This special relationship is strongly regulated and needs to be carefully defined in a written contract which should also determine whether it is permanent or temporary.

There are many contract templates around the Internet but we strongly recommend to ask a professional. A lawyer can think ahead and add clauses that may prevent future problems, which could lead to a situation where the employer finds out the TRADE worker is, according to Spanish law, a regular employee with a permanent contract.

It is important to remember that this concept has numerous requirements, for example:

• A TRADE cannot act like an employer hiring its own employees.
• It needs to have its own productive resources to do the job.
• It needs to be fully distinguishable from the regular employees of that business, since he is actually operating as an external service provider.
• The customer should neither command the TRADE nor subject him to timetable, designated working space or disciplinary action.

From the TRADE workers point of view, being formally ‘self-employed’ it follows that they need to take care of their taxes and social insurance payments, tasks that can be avoided and simplified by hiring a tax manager.

Feel free to contact us for more information.