Spain’s “Autónomo” Crackdown: When Flexibility Turns into Liability

Here’s a clean, professional draft for your blog post — in MAE Consulting’s voice and structure — with your preferred balance of accessible tone and professional credibility, without naming Engel & Völkers. No long dashes have been usedIn recent months, Spanish labour authorities have imposed multi-million-euro fines on a large international real estate network after inspectors concluded that hundreds of its agents were “false self-employed”. The company had registered most of its sales staff as autónomos instead of regular employees, saving on social security contributions and avoiding the heavy administrative costs that come with formal employment.

While that case made headlines in the industry, the truth is that this practice is far from rare in Spain. From real estate agencies to delivery apps and marketing firms, thousands of companies have relied on freelance classifications as a way to stay flexible and reduce their overhead.

Why companies do it

Employing staff in Spain is expensive and highly regulated. Between employer social-security contributions, severance liabilities, paid leave, and strict dismissal rules, hiring someone as a full employee can easily cost 30–40 % more than their nominal salary. For small and medium-sized businesses, that is a serious burden.

To avoid this, many companies encourage or even require their workers to register as autónomos, issuing invoices each month instead of receiving a payslip. On paper, both sides win: the company cuts its costs and bureaucracy, and the worker enjoys more flexibility and, in theory, greater autonomy.

In practice, however, many of these “freelancers” have little independence at all. They use the company’s systems, work on its premises, follow its instructions, and have no other clients. That’s where the problem begins.

Why this has become risky

The Spanish labour inspectorate is now cracking down on this model, arguing that it gives non-compliant firms an unfair advantage over those that hire properly. Large companies are being made examples of, but smaller businesses are also starting to appear on the radar.

When inspectors determine that a supposed freelancer is in fact an employee, the company can be forced to pay back-dated social-security contributions (up to four years), fines, and penalties. In some cases, the total bill can reach millions.

In other words, what used to be a convenient workaround has become a significant legal risk.

What the rules actually say

A common rumour in Spain is that if a freelancer invoices more than 75 % of their income to a single company, they automatically become an employee in the eyes of the tax office. That is not entirely true. The 75 % rule refers to a specific legal category called TRADE (Trabajador Autónomo Económicamente Dependiente).

Being a TRADE means you are economically dependent on one client, but it does not automatically make the relationship illegal. What matters is how the work is performed. Authorities and courts look at several factors:

• Is the person truly free to organise their own work and schedule?

• Do they use their own tools, materials, and methods?

• Can they substitute someone else to do the job?

• Do they carry genuine business risk and have other clients?

If the answer to these is “no”, the inspector may consider the person to be an employee regardless of the contract or invoice arrangement.

The takeaway

Spain’s labour model leaves little room for grey areas. Businesses that rely heavily on autonomous contractors should review their structures carefully to ensure those workers are genuinely independent. Those who do not could face serious financial and reputational consequences as enforcement tightens.

At MAE Consulting, we can help companies review their labour relationships and structure their operations to stay compliant without losing flexibility. Understanding the rules today can prevent far greater problems tomorrow.