# Can an 'autonomo' employ someone?



## babelgirl (Jun 30, 2010)

It´s my very first post on the site so, first of all, a big 'hello' to one and all and a big 'thank you' in advance should anyone be able to give me some advice!

I have been a self-employed English teacher and translator here for two years now, working in businesses and local government training schemes. I find myself in the position (thank God) of having too much work!!! I´m loath to simply turn down contracts or pass them on to other 'autonomos' and so would like to look into the posibility of employing another teacher.

1) Can I employ another teacher as an 'autonomo' or would I need to set up an S.L. (aaargh!) ?
2) Can I 'subcontract' work to another 'autonomo' (don´t think so!)?
3) If I am able to employ someone, either as an 'autonomo' or as an SL, how much roughly would it work out as in taxes and social security for, say, a take-home salary of 800€ or 1100€? (I would need to work out how many hours I would require the teacher for.)

If anyone out there has been in a similar position or has the legal/accountancy knowledge to help me out, I´d be eternally grateful to you for any info so that I can see if the idea is viable before launching into a full-scale investigation!!!

Thanks a million,

Babelgirl


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## Guest (Jul 2, 2010)

We're autonomo but subcontract out loads of work; translators, designers, web developers, printers, etc. We generally mark up their costs a bit and invoice the client, the autonomo invoices us (only difference being that you don't add the IRPF retention when invoicing a non SL). I definitely wouldn't look at employing anyone, costs are outrageous


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## babelgirl (Jun 30, 2010)

ShinyAndy said:


> We're autonomo but subcontract out loads of work; translators, designers, web developers, printers, etc. We generally mark up their costs a bit and invoice the client, the autonomo invoices us (only difference being that you don't add the IRPF retention when invoicing a non SL). I definitely wouldn't look at employing anyone, costs are outrageous


Thank you ShinyAndy!
I was reading on a Spanish forum that if the person is working in the same activity (i.e. teacher contracting teacher) that this is not possible but that if it involves a different activity e.g. architect contracts cleaning staff, then it´s ok. Do you think this would cause problems?
Yeah. What you say about employing someone seems to be very true...very expensive!!!
Thanks again for your help!
Babelgirl


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## Guest (Jul 2, 2010)

Officially an autonomo can't work for the same company all the time, one would assume if these people are already teachers they probably would have at least some work already so you'd be fine. I've never heard anything about not using someone that does the same as you, that would be impossible to enforce.. you could say that you're a teacher of 16 year olds, they are a teacher of 14 year olds so "different"


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## xabiaxica (Jun 23, 2009)

ShinyAndy said:


> Officially an autonomo can't work for the same company all the time, one would assume if these people are already teachers they probably would have at least some work already so you'd be fine. I've never heard anything about not using someone that does the same as you, that would be impossible to enforce.. you could say that you're a teacher of 16 year olds, they are a teacher of 14 year olds so "different"


tell my old 'boss'

she ran a language school & expected us all to be autonomo - she too was autonomo with the company as a client 


when I went for the interview she told me that I would be expected to work for her & her only

I refused to drop my private clients - & she agreed as long as didn't teach English privately 

I agreed

the way I looked at it I was a subcontractor - not an employee with a contract - so I continued to do exactly as I chose as far as private work was concerned


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## Guest (Jul 2, 2010)

Yup, very common here due to the ridiculous employment laws


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## xabiaxica (Jun 23, 2009)

ShinyAndy said:


> Yup, very common here due to the ridiculous employment laws


agreed - & I totally understood her not giving a contract to teachers - she had no way of knowing at the beginning of the year exactly how many hours she could offer

I did take exception to being told I couldn't do any other work though


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## babelgirl (Jun 30, 2010)

ShinyAndy said:


> Officially an autonomo can't work for the same company all the time, one would assume if these people are already teachers they probably would have at least some work already so you'd be fine. I've never heard anything about not using someone that does the same as you, that would be impossible to enforce.. you could say that you're a teacher of 16 year olds, they are a teacher of 14 year olds so "different"


Ahhhh...yes...that´s what the person probably meant!:doh: : that the autonomo couldn't work exclusively as if they were in an employed role. 
Cheers for clearing up my confusion!


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## babelgirl (Jun 30, 2010)

xabiachica said:


> agreed - & I totally understood her not giving a contract to teachers - she had no way of knowing at the beginning of the year exactly how many hours she could offer
> 
> I did take exception to being told I couldn't do any other work though


Quite right too xabiachica! You definitely should have taken exception to being expected to be exclusive...especially as you had been so flexible in going autonomo and over the number of hours offered!
I hope I can find someone that understanding!


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## xabiaxica (Jun 23, 2009)

babelgirl said:


> Quite right too xabiachica! You definitely should have taken exception to being expected to be exclusive...especially as you had been so flexible in going autonomo and over the number of hours offered!
> I hope I can find someone that understanding!


I am doing a lot more private work now - & the language school eventually went bust nearly 18 mths ago

some other teachers & I were talking about opening a school between us as a sort of 'co-operative' - then the recession hit big time so that idea is on the back burner until things improve

tbh it looks like I'm going to be so busy in September I'm quite happy as I am at the mo.......


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