When the personal situation of the collaborating freelancer changes, who stops living with the dependent freelancers, they have to notify the social security of this situation and become part of the general regime.
The collaborating freelancer is, in essence, a direct family member who works in the business of the self-employed owner and is economically dependent on him/her. This type of employment relationship occurs when the self-employed owner decides to hire a member of his family to help him in his business activity, which generates a family alliance in the work environment.
Article 12 of the General Social Security Law establishes that the spouse, descendants, ascendants and other relatives of the self-employed, up to and including the second degree of consanguinity or affinity, will not be considered as employees, i.e. they should be classified as collaborating self-employed, when they live with the self-employed and are dependent on him/her.
What happens if the self-employed family collaborator (child) ceases to live with the self-employed person on whom he/she depends?
We often find that a family member, specifically, a child, who does not have shares in the company, if his parent is self-employed as a company or a child of a self-employed individual, starts working with his parents when he is young, and his social security registration at that time, as he is registered and still living with his parents, has to be as “collaborating self-employed” in the social security system.
After a few years, this son becomes independent, is registered and lives at a different address from that of his parents, at which time the son’s employment situation changes in the social security system, and as he no longer lives with the self-employed owner, he must notify the social security system of this situation, since at that time he will be included in the general social security system, causing his registration as a family collaborating self-employed worker to be cancelled.
This change guarantees that the family member who stops living with the self-employed person and is no longer dependent on him/her, but maintains the employment relationship, is correctly protected by the Social Security system as an employee.
Obligation to notify the Social Security of the change of personal situation.
When the personal situation of the collaborating self-employed person changes, who ceases to live with the dependent self-employed person, they must inform their labor advisors as soon as possible of this change of situation, since they must inform the social security that this family member is now under the general regime and is no longer a collaborating self-employed person.
For more information, please contact Labor consulting
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