choosing cleaners etc for a community

[ashtondav]

Our president is looking at getting tenders for maintaining gardens and pools and cleaning communal spaces. Usually invoices are presented to the administrator (an abogado) who passes them to the president for authorisation to be paid.

In looking at options (especially cleaners) many of the applicants appear to be private individuals. I am not clear whether they pay tax, Social Security etc. Is it ok for us to accept bids from such people? Is it our responsibility to check their 'legality', or the administrator's or doesn't it matter at all.

[Beachcomber]

If they are individuals they should be registered as autónomo (self employed) paying their own taxes and social security. I can't believe even the worst community administrator would consider employing unregistered labour to work within a community.

If an unregistered worker has an accident or is caught by INSS inspectors there could be a large fine which would ultimately be paid by the community of owners.

[Jool]

It is very simple to find out if someone is working legally, ask them to provide 2 certificates from Hacienda - one showing that all Seg Social payments are up to date with none outstanding and the same for income tax.........seems like a questions for your next AGM or a letter to the President if youa re worried as in effect you as a member of the Comunidad would be liable.

[ashtondav]

Yes, OK. But what about the situation where a fully registered company is used but they employ non tax paying staff? Or is that the employing company's liability.

[Jool]

If the contract is with a company and that contract states it is the company´s responsibility to ensure all their employees are working legally you may be covered, but you can also ask the company to provide a tax certificate etc same as before as you are not supposed to employ anyone who is not working legally.......and if they are it is no problem to provide this info.