Illegal workers.

[MarkM]

I have discovered, half way through the project, that the company that I have contracted to reform my house are not a registered company at all and the two people who make up the company are not registered as autonomo. Apparently it is my responsibility to check that any company or worker that I instruct is registered, and if they aren't I am deemed to be their employer.

It seems that if there was an accident in this circumstance, I, as the bad employer who didn't pay my employee's SS contributions, etc., am likely to be granted an all-expenses-paid trip to Alhaurin.

Is this the case? No moralizing please, I now know the error or my ways and would of course have done things differently had I known at the time.

Supplemental question: I have also been told that as I am doing a lot the the work myself, I must register as autonomo as well. However my understanding is that one must be providing a business or service to more than one person in order to become automono - I would only be working for myself and not getting paid for it either!

Comments?

(BTW. I have now stopped the work until such time that everything is above board.)

[Jool]

Yes you are liable, unless you have a contract stating categorically it is the builder´s responsibility to cover all these matters but even then you could be on dodgy ground. However prison may be a bit strong if there is no accident, if there is one ten maybe, but a fine of tens of thousands has been known to happen in the past for not checking builders were legal, I know of a 25000 euros one.

Fire them and get someone who is legal...if they report you they are also dobbing themselves in as illegal or, if they are doing a good job, tell them to show you their alta for registering to work autonomo and take them back AFTERWARDS. You need to allow 10 days or so so if they register on April 1st /or as soon as they can after Easter) they can be back working in April. Write a new contract with a start date for after the registration......and attach to it copies of their alta and then get some public liability insurance.......State clearly they are responsible for all taxes, professional insurance etc......in the new contract.

I don´t think you need to register as autonomo to work on your own house but if you are acting as project manager for them on paper maybe this is a different issue?