The concept of salaried employee used in employment law does not match but is similar to the concept used in other legal disciplines such is financial law or Social Security law. This is not a univocal concept in community law either; it varies depending on the type of law and its scope of application. To become acquainted with the same it is necessary to look to our fundamental rule on employment law, which is the Workers’ Statute Act.
With regard to agency workers, it has been traditionally forbidden by the laws and held to be illegal labour trafficking to hire employees for the purpose of temporarily transferring them to other companies in order to cover seasonal needs. However, since the late nineteen sixties, the main European Union countries, and Spain among them, have ratified ILO Convention No. 96, regulating the business of temporary employment companies, based on the fact that, far from being detrimental to the employees, their involvement may channel a very significant volume of employment where the requisite skills and an immediate response cannot be obtained by traditional means.
We are also describing in this section the main characteristics of the self- employed workers, who are defined under our labour laws, as anyone who regularly, personally and directly carries on a business activity for a profit, but is not bound by a contract of employment.
Specialist advice should be obtained before taking or refraining from taking, action based on the contents of this site which is only intended as a brief note. If you require specific advice on any aspect of this section or on any other Spanish employment related matters, please contact any member of Bufete Gimenez Torres Employment Team.