Unfortunately, some workers find themselves in unfair situations when their employers seek to benefit themselves more than those who work for them. One of these common situations is the misclassification of employees. This consists of the action taken by employers to classify a worker as independent when they are not, to avoid paying taxes, medical insurance, compensation, overtime, etc.
In addition to being unfair, being in a situation like this can represent a danger for an employee since, in the event of an accident, the company or his/her boss will not be responsible for any injuries. This situation can have serious long-term consequences, especially regarding an untreated accident at work.
You should know that being classified as a freelancer when you are actually performing the work of an employee hired by the company is illegal in this country. Your employer must be responsible for paying your benefits regardless of the business situation. In addition, they cannot force you to work overtime if these will not be paid thanks to the misclassification of it.
Another consequence that being misclassified can bring to a person’s working life is the little protection that the government can offer them, compared to someone considered an employee. For example, someone considered an independent worker does not have the right to be part of a union, take paid rest days due to their own illness or that of a loved one, or receive unemployment insurance payment when they are in this situation.
Likewise, self-employed workers will be responsible for paying for themselves some taxes that should be paid by their employers, such as their social security or medical insurance, which will reduce their salary even more than it may already be. They are also not guaranteed a minimum wage because the law does not protect them due to their status.
As you can see, being classified erroneously has too many disadvantages that can significantly affect you because your employer wants to avoid these payments that they should provide to their employees by law.
If you believe you are being misclassified, feel free to reach out to the Lara Luna APC team, we are here to help with all of your employment law cases.