Autonomous Workers Scheme: Defining Status and Rights

New Scheme for Self-Employed Workers (Autonomous Workers)

A self-employed worker (autonomous worker) is defined as one who performs work independently and undertakes productive activity for themselves. From a labor standpoint, this person operates outside a traditional employment system but is covered by a special Social Security scheme that provides coverage and benefits comparable to those of employed workers.

Key Regulations and State Intervention

The scheme regulates the following aspects:

1. Within the state interventionist tendency, it establishes the public representation of the self-employed through The National Council of Self-Employed.
2. It establishes a distinction between two primary types of self-employed workers.

Distinguishing Types of Self-Employed Workers

Regular Self-Employed Workers

Regular self-employed workers are granted a vast number of rights, among which only two are considered genuine innovations:

• The possibility of subrogation actions against their client (the main contractor) in the case of subcontracts.
• Limitations regarding the auction of assets: In the event that the autonomous worker incurs tax debts or Social Security (SS.SS.) debts, their family home can only be auctioned off if no other goods are available, and in any event, only within 1 year from the date of the embargo.

Economically Dependent Self-Employed Workers (TRADE)

Economically Dependent Self-Employed Workers (known as TRADE) are rated based on characteristics they do not possess. They are defined as those who:

• Do not have a place of business open to the public.
• Do not possess commercial or industrial infrastructure.
• Cannot have other customers who account for more than 25% of their total activity.
• Do not employ workers.

The economically dependent worker must formally communicate their status to the client, or vice versa, if that client accounts for at least 75% of their activity.

Rights of Dependent Autonomous Workers

The rights specifically granted to dependent autonomous workers include:

1. Right to Rest Periods: The right to cease trading on certain days of the year. While employed workers have statutory holidays, the self-employed have periods of rest when they choose.
2. Collective Bargaining and Professional Interest Agreements:

   This mechanism functions similarly to collective bargaining. It begins as a contract and evolves into a standard. Representatives of employers and workers meet, regulated by state norms, affecting the self-employed and all workers in the same sector. While a collective agreement applies broadly, the law creates specific Professional Interest Agreements that act like a collective agreement, though they are technically distinct.

3. Indemnities for Contract Termination: Indemnities are provided for the unilateral termination of the contract, similar to dismissal compensation in the traditional labor market.
4. Conflict Resolution: The law states that conflicts between the self-employed and their clients should be resolved in the social jurisdiction (labor courts), although in practice, these cases are often treated as civil matters.