During the time she worked for the company under the employment relationship derived from her family ties, the court concluded that there was no real employment relationship, since the essential elements of this category were missing, in particular, dependency.
The High Court of Justice of Aragon has issued a relevant ruling in the employment field, determining that the seniority of a self-employed person, associated with her spouse, is not considered an employment relationship prior to the sale of a company. This decision means that, for the calculation of the severance pay, only the period worked from the date of formal incorporation into the company after the stock transaction will be taken into account.
On this occasion, the court analysed the case of a woman who had provided services in a company owned exclusively by her husband, until the company was sold, a sale which ex lege causes the worker to go from being in the RETA to being in the general Social Security regime.
