Do I have to register a worker with social security if he/she only works sporadically?
We agree that employers think twice about whether to register a worker for social security. There are countless things to think about because of the cost, because of the uncertainty, because of the risk of whether it will work or not.
But what if you have a worker who works sporadically and only a few hours?
Here we will explain what you can and cannot do when registering for social security.
Case 1 : Social security registrations and desregistrations
I do not pay on weekends
One of his friends has told him that he reports some workers to the social security on Friday and reinstate them on Monday.
In this way, he saves the wages and contributions for the weekend days.
Be careful!
Well, you should know that this is not the way to do it:
- Your employees are entitled, by law, to a weekly rest period of at least one and a half days (although it is customary to take two full days off, which are Saturday and Sunday).
- This weekly rest is paid and your company must pay social security contributions for these days.
You will have an inspection yes or yes
The Inspectorate has a tool that detects companies that take workers off work at the weekend.
Such conduct implies a failure to register with the Social Security, which is punishable by a fine of at least 3,750 euros. In addition, the Inspectorate will claim the contributions for those days with a surcharge of 20%.
Case 2: work only for a while
On-time hours
Another of your clients is self-employed and runs a solo business. For this reason, he has asked you if he can have a person without being registered with the Social Security for those times when he has to be absent from the business (to go to the bank, to eat, to pick up his children from school…). Be careful
Such conduct is also not allowed:
- Social Security registration is compulsory when doing any kind of work, regardless of the time spent on the activity (one hour a week, one hour a day…).
- It is true that the law excludes from the status of employed person (which means that no contributions can be paid) those who carry out work as friends, benefactors or good neighbours. In other words, if this is your case, you do not have to register with the social security as a self-employed person.
But such work must be exceptional (e.g. if your client suddenly falls ill and you have to call your partner to close the business that day).
Infringement
If the Inspectorate “catches” a worker without being registered, even if he claims that he works only a few hours, it will impose a minimum fine of 3,750 euros on the company.
If the worker is in receipt of a benefit – such as unemployment benefit – the fine will be 12,001 euros.
Case 3: My son replaces me
A self-employed foreigner had to be absent from his business and called his son (resident in a non-EU country) to take over the business for a few days.
As he was a non-EU citizen, he did not have a residence and work permit in Spain (only a passport that allowed him to travel here), so he could not be working.
See how the matter turned out:
- The Inspectorate imposed a fine of 10,001 euros on the business owner – important! This is the minimum amount imposed when hiring a non-EU national who does not have a residence and work permit.
- In this type of non-compliance, the fine is increased by the amount corresponding to the contributions that should have been made by the foreigner hired.
In short
Your company must register all its workers with the Social Security, regardless of their working hours. For this purpose, a failure to register carries a minimum fine of 3,750 euros.
