The report on employment in contractual relationships in the real estate sector, prepared by the General Council of the Official Associations of Real Estate Agents (COAPI) and the National Confederation of Real Estate Agents and Companies (CNAEI), addresses one of the most critical issues today: the correct classification of employment relationships. This analysis focuses on the growing incidence of labour inspections that seek to detect irregularities, such as the figure of the "false self-employed".
In the real estate sector, it is essential to distinguish between employees, self-employed workers and economically dependent self-employed workers (TRADE) as these categories entail different legal and operational obligations. The “false self-employed”, for example, operates under the guise of independence, but in practice performs functions that are typical of an employee, which can lead to financial and legal penalties for companies.
The report highlights the importance of correctly identifying key elements such as alienation, dependency and remuneration in order to avoid conflicts. It also compiles relevant case law that helps to understand the characteristics that define each type of contractual relationship.
Proper management of labour relations not only prevents sanctions, but also improves the reputation of the sector, promoting transparency and regulatory compliance. Professional associations and colleges play a fundamental role in providing resources and guidance for real estate companies to adapt to the current legal framework.
In an increasingly demanding environment, having contracting practices aligned with regulations is not only a legal necessity, but also an opportunity to strengthen the professionalization of the real estate sector.
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