For the autónomo themselves, there are no penalties, but the employer (the one contracting the services) may be held liable.
In Spain, this situation is referred to as a “falso autónomo” — when a person works like an employee but is formally registered as self-employed. This is prohibited by law because it allows employers to avoid paying social security contributions and fulfilling labor obligations.
If a labor inspection identifies such a scheme:
- The employer will be required to issue an employment contract retroactively
- Pay all Social Security contributions as if the person had been officially employed
- Additionally, fines ranging from €3,000 to €10,000 may apply
Signs of a “falso autónomo” include:
- Working exclusively for one client
- Having a fixed schedule and reporting to someone
- Using the employer’s resources (office, equipment)
- Receiving a fixed monthly payment
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