Some employers choose to misclassify their workers as independent service providers, in order to avoid the taxes they would have to pay if they were paid a fixed salary. However, this has consequences in the lives of workers as they cannot receive all the benefits that an employee should receive, simply due to a misclassification by those who have hired them.
A worker who is in a company permanently and working full time and even overtime, should be considered as an employee and their benefits, salary, etc. They should be established in a labor contract, in this way he can assert his rights. On the other hand, an independent worker is one who only works certain hours for an employer and who does not have to be at the company every day, complying with a schedule, etc.
It is important that as a worker, you identify in which category you could enter and in case you believe that you are being misclassified, you can discuss it with your employer and in case he refuses, you could legally claim and obtain compensation for all the money lost. the time it lasted without being correctly classified.
Workers classified as independent, even if they are not, have a lot to lose, for example:
· Not receiving a fixed salary and established in a contract so suddenly the employer can pay less.
· Not receiving payment for overtime hours worked.
· Not having employee benefits such as insurance, bonuses, rights, among others.
· Not having unemployment insurance so if they were fired, they would be left without receiving anything.
All these disadvantages can affect the life of a worker and even that of his family by not having economic stability that could count, if classified correctly, as a full-time employee.
The lawyer Tatiana Hernández is ready to fight for your rights and for it to be considered and classified as it really should be so that you can receive everything you deserve. Do not hesitate to contact us to know more.
