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In recent months, there has been a significant increase in labor inquiries related to unstable contracts in various companies. Toro Abogados, a law firm specializing in Labor and Social Security Law, has identified a troubling trend affecting many workers. This situation concerns the hiring of employees who previously worked as independent contractors, especially in sectors like home delivery, who are re-employed as salaried workers without recognition of their seniority.
This phenomenon raises serious concerns in an environment where labor rights are constantly debated. The affected workers not only lack acknowledgment for their work history but also face significant consequences. The failure to account for previously worked time results in the loss of essential rights, such as access to adequate severance pay in case of dismissal. This situation also complicates the calculation of final settlements and limits the chances of improving their working conditions.
Toro Abogados emphasizes that seniority should not depend solely on the type of contract but must also consider the actual continuity in service provision. Experts warn that if a worker has been active for an extended period, but their previous time is not recognized upon formalizing a new contract, they risk losing already acquired rights.
This issue is particularly severe for those who have worked under “false independent contractor” conditions. After the regularization of their labor situation, they find that their prior experience is not valued, which exacerbates their vulnerability.
In light of this issue, Toro Abogados advises workers to carefully review the terms of their new contracts, especially if they come from a collaboration model as independent contractors. In many cases, there is an opportunity to legally claim recognition of seniority and compensation due for dismissal.
Toro Abogados has established itself as a leading authority in Labor Law in Spain, with over 50 years of experience advising workers on dismissals, contract disputes, and conflicts with the administration. Its rigorous approach to defending labor rights underscores the importance of being informed and prepared to assert acquired rights.
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Referrer: MiMub in Spanish