The Madrid Labor Inspectorate has issued a resolution recognizing that the external collaborators of the Santalucía insurance agencies are false self-employed, so this company must pay the Social Security contributions corresponding to the pending contributions of its staff since October 2015 until January 2020, which amounts to 1,326,304 euros.
As explained by CC.OO., the Madrid Labor Inspectorate last year visited some work centers of the company Centro Técnico de Agentes de Seguros (CTAS, SA), which is an exclusive agency in Santalucía. In these visits, the Labor Inspection has been able to verify that the personnel who provide services by selling insurance for Santalucía through a commercial contract with the agency, having to contribute to the self-employed regime, actually have a common employment relationship, where all the requirements of others, dependence and subordination, since they carry out their work in the company’s own offices, using tools and means provided by the company, under the orders of a “monitor” or “inspector” who supervises their work, who also indicates where and how they should make their visits to obtain insurance, they do not have their own portfolio, they do not issue an invoice for their sales commissions, but it is the company that does it and they even comply with a specific work schedule, having to request the company your vacations or permits.
After verifying this fraudulent practice, the Labor Inspectorate has executed an act of liquidation of quotas by which it obliges the company to liquidate the quotas to the general Social Security regime corresponding to the pending contributions of its personnel from October 2015 to January of 2020, which amounts to 1,326 million euros.
CC.OO. stresses that “we will continue to actively combat these fraudulent practices that do not arise with digitization or are the result of new labor realities, but of the bad faith of some companies that build their profits on the basis of job insecurity.”