The fact that a person serving for another presumes that there is an employment contract and therefore indicates that we are against an employee.
a worker is considered dependent requires compliance by the employer of all labor and social obligations that the laws indicate (vacation pay, bonuses, social work, retirement contributions, ART etc) There are times, indeed exceptional, in which a worker can be considered autonomous and the regime the worker is dependent not aplica.Por example the owner of an undertaking (an electrician or doctor) who works for several people, manage their schedules at will and decide on their own and based on their skills as the job runs assuming economic risk of its business, investing and seeking to profit from their own, a farm worker could be considered autonomous and if fraud is not a law that adhered monotributo and issue the invoice in exchange for their salary. Will be all a matter of proof. But as we said these circumstances are exceptional and justice analyzes them very narrowly. However
today, to oblige those who actually works in a dependent who is registered as monotributistas and issue invoices in exchange for his salary is a common practice to set a fraud to labor laws, fiscal and pension. However, for labor law this type of contract is generally called "location of services or work" are zero once it is established in court that there really was a relationship of dependency. Therefore assimilate the situation unregistered workers or black in terms of how to address the complaint and the sanctions that provides employment law.
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