In this section we will include employees who do not carry out dirention or management activities and that do not belong to the administrative body.
According to the Workers' Statute the spouse, descendants, ancestors and other family members for affinity or blood relation, up to the second degree, and adoptions are considered as family of the employee provided that
they live with him.
If the employee lives with someone but they are not married, he/she is not considered, for this purpose, a member of the family.
The legislation assume that there is not labour relation between the members of the family and, therefore they may prove that they are wage-earners. The members of the family who are wage-earners may enclose the registration and the contribution to the social security, together with a written document in which the employer and the member of the family state that the person is wage-earner, the professional categoty, work place, salary, schedule and other necessary information.
We can assume that there is a labour relation in the following cases:
| Dependence | Alienation |
| Framing in a hierarchical system. | Alienation in the profits. |
| Subordination to a person with command ability. | Alienation in the risk. |
| Submission to discipline rules (working day and schedule and possibility of sanction). | Payment. |
Therefore, as a proof against the "presumption of no labour relation between family members" the following documents can be presented:
- Economic independence of the worker.
- Periodical and standardized payment.
- The existence of the working days and the schedule (application of a collective agreement).
- Real documents signed by both persons (salaries signed and quoted).
- A proof that the worker does not live together with the employer.
If the condition of wage-earner is not prove enough, the Inspection of Employment and Social Security can dismiss the registration and affiliation. The dismissal can be contested before the Social jurisdiction.
Self-employed The spouse and relatives, for blood relationship or affinity up to the third degree, of a self-employed that work with him in a regular basis, if they do not have the condition of wage-earner, they will have to be included compulsorily with the Special regime of the Social Security for self-employed. That is to say, the condition of self-employed can be supposed up to the second degree of family relation, except there is a labour relation proof, and for the relatives up to third degree the presumption of labour, except if there is a proof that the person is self-employed. The relative that does not live together with the holder of the company is considered as a self-employed worker and, therefore, he/she must be registered with the General regime.
Companies
In the case that relatives have an effective control over the company, they will be also registered with the Special regime for Self-employed. One person can have an effective control when he/she has:
- Participation in the share capital of 33% or more.
- Participation in the share capital of 50% among all the relatives that live together.
Incentives to promote employment It must be taken into account that the
incentives to promote employment when the spouse, asdendents, ancestors and other relatives, up to the second degree, of the employer or to whom carry out direction activities or whom is a member of the administration body will not be applied.
Unemployment benefit The applicable regime of the Social Security is also important because it sets the right to the
unemployment benefit. Only those people who are registered with the general regime of the Social Security can receive this benefit. Familiar works are excluded from the unemployment benefit. If the employer is a legal entity, he could not be excluded from the unemployment benefit if the family participation in the company is less than 50% and that there are proofs the the person is self-employed.
