Are there false freelancers in your psychology center? Prison sentences of up to 6 years!

One practice that has been in the spotlight of the authorities is the hiring of false freelancers. This practice can have serious legal and economic consequences for both the school and the professional. Next, we examine the implications of hiring false freelancers in psychology centers and how to avoid it.

The publication in the Official State Gazette of the Employment Act 3/2023, of February 28, which came into force on March 2, has brought about numerous changes, including one that directly affects those commonly referred to as “False Self-Employed”.

Among the last provisions contained in the Act, specifically in the Ninth Final Provision, paragraph d) of article 148 of Law 36/2011, of October 10, regulating Social Jurisdiction, which regulated ex officio proceedings before the social jurisdictional order, is deleted.

WHAT ARE FALSE FREELANCERS?

A false self-employed person is a professional who, despite being registered as a self-employed worker, actually maintains a dependent employment relationship with the company or center in which he works. In other words, although formally he is a self-employed worker, in practice he works as an employee, since he is financially dependent on the company and follows its instructions and schedules.

LEGAL AND ECONOMIC CONSEQUENCES

The hiring of false freelancers in psychology centers can have serious legal and economic consequences. Under current legislation, this practice may entail Prison Sentences of 6 Months to 6 Years for those responsible for hiring. In addition, the center could face Fines and Economic Sanctions, which can be very high, depending on the seriousness of the situation and the number of false freelancers hired.

The Labour and Social Security Inspectorate is responsible for identifying these cases and, if it is detected that a center has hired a false self-employed person, the following sanctions could be applied:

• Economic purposes: The fines may vary depending on the seriousness of the violation, and can range from 3,126 to 10,000 euros for each worker affected. These penalties may increase if the company is considered to have committed a very serious violation.

• Overdue quotes: In addition to the purposes, the center must pay Social Security contributions that they did not pay during the time in which the worker was considered a false self-employed person, who can represent a considerable sum of money.

• Indemnities: The center could also be responsible for compensating workers affected by labor rights not respected during the time when they were considered false freelancers. This includes salaries, holidays, overtime pay, severance pay, and more.

Given the importance of this problem, it is essential that professionals and centers in the field of psychology and therapy are informed and take the necessary measures to ensure fair and adequate working conditions. In addition, keeping up to date on current regulations and legislation can avoid sanctions and ensure a safer and more ethical work environment for everyone.

RIGHTS AND DIFFICULTIES OF PROFESSIONALS

It is good to be able to highlight the importance of signing a commercial contract in our employment relationship with the center. It is often assumed that, since they are not employees, there is no need to sign a contract. However, it is essential to have a service provision contract that describes the details of our collaboration, such as the conditions under which the service will be provided, the resources provided by the company and the financial compensation.

Therefore, it is crucial to ensure that the contract we sign does not compromise our autonomy, since, otherwise, it could be considered invalid and could be brought before the labor inspectorate. It's important to take the time to review the contract carefully and discuss it with people you trust before signing it.

We can precisely request that the commercial contract give an express opinion on the following issues:

1. Exclusivity: Avoiding exclusivity in commercial contracts is crucial to ensure a fair relationship between the psychologist and the psychology center.
2. Flexibility: Freelance professionals must have control over their schedule and schedule, ensuring an adequate balance between work and rest.
3. Remuneration: Payments must be based on the services provided rather than a fixed salary, and invoices and tax obligations must be properly managed.
4. Tasks to perform: Self-employed psychologists must focus on their therapeutic functions, avoiding administrative or advertising responsibilities that correspond to salaried employees.
5. Personal brand: Freelance professionals have the right to develop their own personal brand without restrictions, allowing them to thrive in their careers.
6. Discharge from the healthcare workforce: Self-employed psychologists must ensure that the psychology centers they collaborate with register them in the health workforce to comply with legal regulations.

Platforms such as Change.org have already opened petitions to end this sometimes abusive practice for professionals, in which they say “Employers get rid of paying for you as an employee, and on top of that they “steal” money from a job you do. Disproportionate percentages of 50% for the “self-employed” worker and 50% for the one who “hires” you.

In short, ensuring that independent professionals have the capacity to organize their own work schedule, use their own resources and make independent decisions in the performance of their functions and avoid situations in which a self-employed professional depends exclusively on the psychology center for their economic support, are some practices that will prevent you from being put in the spotlight.

WHAT CAN EHOLO DO ABOUT THIS?

You have nothing to worry about! Whether you have your own center or if you are a self-employed professional, soon at eholo you will be able to enjoy PREMIUM ADVANTAGES, such as: being able to edit, send, sign and save a template to the cloud Commercial Contract Model, drafted by our legal advisors for your collaborators.

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