It has been a serene principle that the connection between a protection middle person (specialist) and the protection substance for which he offers his types of assistance has the idea of a business relationship, consequently, for the reasons for Government backed retirement, protection specialists are remembered for the inclusion systems for individuals who do an expert action freely without having the option to qualify a such relationship as work, a capability that, running against the norm, the statute had regularly applied to helper specialists or “subagents”.
This unanimity in the measure that has been laid out by the statute has vanished with the Judgment of the High Court, Social Chamber, of July 14, 2016, through which an interest for the unification of tenet documented by an insurance agency is settled, and the work (and non-business) nature of the connection an out the between an individual action of insurance specialist and the organization is laid out, a decision that depends on the genuine suspicions that agree for the situation introduced, and all no matter what the business grouping that the two players had given to the policy endorsed between them.
For the High Court, in the wake of breaking down the realities that happen for the situation examined in the accompanying segment, despite the fact that the legally binding connection between the two players was perceived as business, the arrangement of administrations by the protection specialist is completed inside the extent of the business association and under its heading, furnishing the element with the fundamental material means for the development of protection, getting compensation from the organization, under the name of the commission, and consequently agreeing the attributes of distance and reliance, normal of the work relationship
Consequently, for the High Court, in the particular instance of the STS of July 14, 2016, the tenet that it had been keeping up with is changed, even in different issues with comparative qualities, pronouncing the presence of a business connection between the gatherings in suit and, as an outcome of this, the commitment of consideration in the Overall System of Government managed retirement (RG)
Outline of the judgment of the High Court, room 4, of July 14, 2016:
On May 7, 2013, the Work and Government managed retirement Inspectorate (ITSS), during a visit to an element devoted to the insurance business which we will
distinguish as organization A, recorded an encroachment endorsement, because of absence of enlistment and statement, of a protection specialist (which we show as “B”) who was in the organization, taking into account that, in the manner by which her movement was completed, there was a business connection between the two players, for which reason it was pertinent consideration in the RG and not in the RETA
As an outcome of such activity, the Overall Depository of Federal retirement aide (TGSS) documented a case before the social locale, in regards to ex officio enrollment in the RG, activity to which the insurance agency goes against, charging the substance the business idea of the office policy that he kept up with the closely involved individual 4 .
In the procedures under the watchful eye of the Social Court of San Sebastian No. 4, coming up next are pronounced as demonstrated realities:
Organization “A” completes its action connected with protection of numerous sorts through work places or workplaces, in which a middle chief offers types of assistance, on which different gathering directors report, every one of whom is in control. Past a few protection specialists. While the overseer of the middle and the gathering directors are representatives of the organization, the protection specialists keep a business relationship, being remembered for the RETA, as well as in the duty on monetary exercises.
Individual “B”, as an insurance specialist, marked an “organization policy” with the organization, enlisting with the RETA, as well likewise with the IAEA.
Notwithstanding, day to day and toward the start of his functioning day, he needed to go to the organization’s workplaces, where he got directions from the gathering director on the exercises to be completed, making visits or settle on telephone decisions from the doled out clients, making, toward the finish of every day, a report to be conveyed to the chief to whom it was relegated. To complete her business movement, the closely involved individual could utilize every one of the method for the organization. Thusly, the work place shut its action during the long stretch of August, the period in which the closely involved individual partook in her yearly excursion.
If, as an outcome of the business action, the contracting of strategies was accomplished, they were endorsed, for the organization, by the specialist, yet additionally by the overseer of the middle and by the director of the gathering. To which the first was relegated. Likewise, the solicitations relating to the strategies contracted were given by organization “A”, and the clients got by individual “B” became clients of the organization. For every strategy got, the closely involved individual got a commission.
Ultimately, the organization coordinated instructional classes, to which the closely involved individual needed to join in, since she was unable to do any action as a protection specialist for other insurance agency without the express consent of organization “A”.