Can an SL hire a partner's family member?
Posted: Mon Dec 23, 2024 9:02 am
There are two factors that determine the regime in which the hired family member will be: the degree of consanguinity and cohabitation. Thus, relatives up to the second degree who live with the employer must register as self-employed collaborators. This is with the exception of children under 30 years of age .
But what would happen if the contractor is a company, a limited company, for example? Well, let's see.
The hiring of family members by a business company has similar conditions to those of a self-employed person. If the hired worker is a relative up to the second degree of a partner who has effective control of the company, he or she will not be entitled to unemployment benefits, provided that he or she lives with the family member who has the shares.
A person is deemed to have phone number for thailand effective control of the entity when one of these three assumptions occurs:
1.- That he/she owns 33% of the shares.
2.- That the partner, together with his/her relatives up to the second degree of consanguinity, owns at least 50% of the shares.
3.- That he/she owns 25% if he/she also holds the position of director.
Yes, you would be entitled to receive the benefit if your participation in the share capital does not reach these percentages or you do not live with the family member or family members who own said percentage.
Both the Workers' Statute and the General Social Security Law consider that family members who live with the employer and work for him are not employees, and are therefore excluded from the right to the benefit. It is presumed that there is no employment relationship between the employer and his spouse; children, grandchildren, parents, grandparents and other relatives up to the second degree.
Regarding cohabitation, jurisprudence understands that it is a broad concept, not that one must necessarily depend economically on the employer.
But what would happen if the contractor is a company, a limited company, for example? Well, let's see.
The hiring of family members by a business company has similar conditions to those of a self-employed person. If the hired worker is a relative up to the second degree of a partner who has effective control of the company, he or she will not be entitled to unemployment benefits, provided that he or she lives with the family member who has the shares.
A person is deemed to have phone number for thailand effective control of the entity when one of these three assumptions occurs:
1.- That he/she owns 33% of the shares.
2.- That the partner, together with his/her relatives up to the second degree of consanguinity, owns at least 50% of the shares.
3.- That he/she owns 25% if he/she also holds the position of director.
Yes, you would be entitled to receive the benefit if your participation in the share capital does not reach these percentages or you do not live with the family member or family members who own said percentage.
Both the Workers' Statute and the General Social Security Law consider that family members who live with the employer and work for him are not employees, and are therefore excluded from the right to the benefit. It is presumed that there is no employment relationship between the employer and his spouse; children, grandchildren, parents, grandparents and other relatives up to the second degree.
Regarding cohabitation, jurisprudence understands that it is a broad concept, not that one must necessarily depend economically on the employer.