The plaintiff and her husband are married in community prope
Feb 20, 2024 2:35:11 GMT -6
Post by account_disabled on Feb 20, 2024 2:35:11 GMT -6
Likewise, the court clarifies that to determine the existence of an employment relationship, such as the one alleged by the plaintiff, it is not enough to personally perform a service and its remuneration by the entity for which it is provided, but it is necessary that The essential elements of the employment contract are present , that is, that the company endorses the results and results of the work and that the activity is carried out integrated into its governing circle. “Well, in the list of services submitted to the consideration of the Chamber, none of the notes that characterize the employment relationship were present .”
With regard to unrelated property , the plaintiff and her husband are married in community property and are the only partners of the commercial lawsuit, making common the results that it obtains, on Fax Lists account of which they received a similar monthly amount of around of 3,000 euros which, "as the judge highlights, was higher than the salary received by the Section Manager and the Head of Administration, which confirms that this payment responded to participation in the results and that the now appellant carried out her activity in her for her own benefit and that of her husband, and not on behalf of others ,” the ruling states.
And in the same way, the relationship analyzed was not accompanied by the note of dependency in the way of carrying out the work undertaken , of which there is no sign, there being solid indications that the plaintiff carried out the administrative tasks with absolute autonomy, freedom and independence. , not being incorporated into the scope of organization and management of the company; On the one hand, she was free to choose the time she dedicated to carrying out the aforementioned tasks, which in recent years she carried out from her home, without any external control, and, on the other, she chose vacations with her husband.
With regard to unrelated property , the plaintiff and her husband are married in community property and are the only partners of the commercial lawsuit, making common the results that it obtains, on Fax Lists account of which they received a similar monthly amount of around of 3,000 euros which, "as the judge highlights, was higher than the salary received by the Section Manager and the Head of Administration, which confirms that this payment responded to participation in the results and that the now appellant carried out her activity in her for her own benefit and that of her husband, and not on behalf of others ,” the ruling states.
And in the same way, the relationship analyzed was not accompanied by the note of dependency in the way of carrying out the work undertaken , of which there is no sign, there being solid indications that the plaintiff carried out the administrative tasks with absolute autonomy, freedom and independence. , not being incorporated into the scope of organization and management of the company; On the one hand, she was free to choose the time she dedicated to carrying out the aforementioned tasks, which in recent years she carried out from her home, without any external control, and, on the other, she chose vacations with her husband.