Post by account_disabled on Mar 5, 2024 3:28:48 GMT
The plaintiff had been teleworking since November 2019, using the business management software called Expert ERP that the company used , which requires a username and password, with the user “Jade” appearing in the database record, which is identified with the name of the plaintiff. The plaintiff accessed the application during 2021, creating records and modifying them, until the end of November of that year, when her contract was terminated.
However, the plaintiff did not have a specific work schedule, performing functions of assisting personnel, preparing orders, loading trucks and banking procedures. The plaintiff Fax Lists chose vacations with her husband, the sole administrator of the company . For her services, the company paid her a salary in the amount of 3,055 euros.
After terminating her contract, the partner and worker of the company sued the company, asking the court to declare the employment relationship and the existence of a tactical dismissal, since the plaintiff understood that the relationship that united her with the defendant was of a labor .
The Social Court No. 1 of Móstoles dismissed the claim upon concluding that the notes that characterize the employment contract were not present. With regard to unrelatedness, because the plaintiff and her husband held the entire share capital of the company, having effective control of the company, the woman receiving more than 3,000 euros monthly, the plaintiff having remained registered in the RETA of Social Security from March 2008 to September 202.
Regarding dependency, the magistrate a quo denied its existence to the extent that the interested party did not have a specific schedule and chose the dates of the vacations together with her husband and sole administrator of the company.
However, the plaintiff did not have a specific work schedule, performing functions of assisting personnel, preparing orders, loading trucks and banking procedures. The plaintiff Fax Lists chose vacations with her husband, the sole administrator of the company . For her services, the company paid her a salary in the amount of 3,055 euros.
After terminating her contract, the partner and worker of the company sued the company, asking the court to declare the employment relationship and the existence of a tactical dismissal, since the plaintiff understood that the relationship that united her with the defendant was of a labor .
The Social Court No. 1 of Móstoles dismissed the claim upon concluding that the notes that characterize the employment contract were not present. With regard to unrelatedness, because the plaintiff and her husband held the entire share capital of the company, having effective control of the company, the woman receiving more than 3,000 euros monthly, the plaintiff having remained registered in the RETA of Social Security from March 2008 to September 202.
Regarding dependency, the magistrate a quo denied its existence to the extent that the interested party did not have a specific schedule and chose the dates of the vacations together with her husband and sole administrator of the company.