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What are the differences between a relationship being labor or commercial?
What are the differences between a relationship being labor or commercial?
Labor and commercial relationship are two legal concepts with important differences between them, such as the type of contract or the degree of dependency, which will be detailed in the following table.
They have in common that both are forms of provision of services by one person to another, in exchange for payment.
| Labor relationship | Commercial relationship |
|---|---|
| It occurs when a person works for someone else, that is, for an employer who pays him a salary and directs and organizes his activity. | It occurs when a person is self-employed, that is, for himself or for several clients, to whom he offers his professional services. |
| The worker has an employment contract, which grants him a series of labor and social rights (such as the right to vacations, social security) | The worker has a commercial contract, which is a private agreement between the parties, which sets the conditions of the service (such as the price, the term). |
| The worker has a series of duties (such as keeping the schedule) | The worker does not have the same duties as an employee, but neither does he have the same rights. The worker has more autonomy and freedom to organize his work, but also assumes more risks and responsibilities. |
| The worker is subject to the general regime of social security and the workers’ statute. | The worker is subject to the special regime for self-employed workers (RETA) and the commercial code. |
