Freelancing continues to gain ground in the labor market, driven by the growing demand for specialized skills and the flexibility this professional model offers. In an article published in Expansión, Jorge Sarazá, a partner in the labor law practice, analyzes some of the key legal considerations that both self-employed professionals and the companies that hire their services should keep in mind.
The expert emphasizes the importance of correctly distinguishing between a business relationship and an employment relationship, as well as properly formalizing the relationship through a contract that governs essential matters such as the scope of services, fees, confidentiality, data protection, and intellectual property rights. In this regard, he highlights the need to preserve the professional’s organizational independence to avoid legal risks arising from a potential reclassification of the relationship.
Jorge Sarazá also reviews the main obligations and rights of both parties. Among other issues, he notes that the freelancer must fulfill their tax and Social Security obligations, issue invoices, and properly perform the contracted services, while the company must pay the agreed-upon fees and provide the information necessary to carry out the assignment, respecting the professional’s autonomy at all times.
Finally, it addresses multiple employment—a situation that is becoming increasingly common among those who combine salaried employment with self-employment—which requires compliance with the tax and social security contribution obligations of both systems.
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