Echenique will appeal the ruling that dismisses its appeal against the penalty for the irregular hiring of its assistant



In a judgment of September 27, the Social Chamber of the TSJA dismisses the grounds for challenge presented by Echenique against the decision of the Social Court number 2 of Zaragoza that last January and reiterates the existence of an employment relationship between the politician and his assistant, according to 'El Heraldo de Aragón'.

The Secretary of Action of Government of Podemos has announced that he will appeal the ruling by considering it "unfair" and is willing to go "as needed." He does so, according to Echenique team sources consulted by Europa Press, because "any citizen has the right to defend himself against sanctions that he considers unfair" but also in defense of "thousands of families of dependents in Spain who are in the same situation."

"It would be unfair for a firm sentence to open the door to sanction all of them for doing something of common sense and that endorses the Dependency Law itself," the sources consulted allege that they "open the door to sanction unfairly" thousands of families in these circumstances and "would be left in a situation of enormous helplessness and legal insecurity."

In this sense, he considers that the ruling is based again "on the same false premise that is dragged from the beginning", that the provision of services to an individual for less than one hour a day and not every day "is necessarily a worker-company or worker-employer relationship ".

"The common sense itself indicates that this is not supported, since, if so, everyone should hire physiotherapists, massage therapists or private math teachers who provide intermittent home service but more or less regular and these should sign an employment contract with each of their clients simultaneously, "exemplify the sources consulted.

As I did throughout the process, Echenique argues that it is a relationship between a self-employed person and a client and, in any case, remember that the obligation to pay taxes and contribute is from the professional caregiver and not from the dependent person, remember, Therefore, it is concluded that "the administrative sanction would be void because it lacked a basis."

In its ruling last January, the Social Court number 2 of Zaragoza declared the existence of a special employment relationship between the employer and the worker Eduardo PS, for the purpose of registration and contribution in the General Regime of Social Security, in the Special System of Household Employees, in the period between March 16, 2015 and April 30, 2016.

The infraction was committed in two periods, between September 2011 and June 2012 and March 2015 until April 2016, although the fine corresponds to this second stage for having prescribed the legal breach in the case of the first period.

In the proven facts of the sentence it is reported that Pablo Echenique, recognized as a person in a situation of dependency, was a recipient of an economic benefit of care in the family environment since August 24, 2016.

Since May 2005, Echenique had contracted with the company Domiciliary Medical Assistance Integral SL (ADOMI SL) to provide a home help service, at a rate of 11.40 euros per hour, plus 8 percent VAT, so that That merchant will send an assistant to your home, to assist you in basic personal tasks.

Since 2007, these services were performed by Eduardo P.S., an employee of ADOMI SL, who went to Echenique's house every morning for one hour a day, Monday through Friday. For the provision of these services, between November 2010 and May 2011, ADOMI SL issued invoices to Echenique for 376 euros per month.

In August 2011, the company informed Echenique that, after changing ownership, it was going to do without home help services since the same month of September. Echenique and his assistant, Eduardo P.S., maintained the relationship in the same terms that existed up to that point regarding the activities of the assistant, without the intervention of the company.

To carry out his work, the assistant did not have to wear equipment or uniform, since he was dedicated to personal assistance to help Echenique. He did not perform physiotherapy, rehabilitation, preparation and / or medication taking tasks nor did he know that this worker had a qualification or professional training for these activities.

CASH PAYMENT

Although the client-auxiliary relationship continued, it was not formalized in writing. Echenique paid his assistant the same as previously, but in cash the days worked, without justification of these payments.

Eduardo P.S. He continued his work as an assistant to Echenique until June 2012, when the politician informed him that he would dispense with his services since the tasks would be carried out from that moment on by his wife and mother.

As stated in the sentence, Eduardo P.S. He was not registered in the Social Security in any of his regimes and systems for the performance of this activity of Echenique's assistant in the period between September 1, 2011 and June 2012.

Then, in March 2015, Echenique again requested the services of Eduardo PS, so he worked again for him from March 16, 2015, in this case from Monday to Saturday, in addition to a sporadic Sunday, one hour a day in the morning and at the same price of 11 euros per hour, with the same temporary assistance work, until April 30, 2016, date on which Echenique informed the worker that he would no longer require his services.

NOT HIGH

The worker was not registered in the Social Security in any of its regimes and systems for carrying out this activity in this period of time between March 2015 and April 2016. This person was registered as a worker with the Integral Medicine Home Assistance company, while it received an unemployment benefit between September 2011 and March 2012 and between November 2014 and November 2015.

After hearing the case, the Labor and Social Security Inspectorate initiated an investigation into the possible irregularities in this employment relationship and, as a result, on April 19, 2017, it issued a settlement certificate to Pablo Echenique for lack of registration and contribution to the General Social Security System, in the Special System of Household Employees, by the worker Eduardo PS, for the period between March 16, 2015 and April 30, 2016.

. (tagsToTranslate) Echenique (t) will appeal (t) dismiss (t) contracting (t) irregular



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