Sant Fost de Campsentelles Town Council

June-2022

The object of these actions is focused on the alleged favorable treatment of two people for the simulation of the hiring of professional services, through minor contracts, so that the hired people would present invoices for professional services, despite the fact that they would physically occupy a place in the municipal offices. There are sufficient elements to consider that we are dealing with a fraud: the minor public service contract is used to cover up relationships that should be of a labor or official nature. It should be remembered, in this sense, that according to repeated jurisprudence, the nature of contracts is not determined by the name given to it by the parties, but by the reality of the functions that give rise to it. For this reason, if these functions are in line with what is provided for in article 1.1 of the Workers' Statute and present the proper elements of an employment relationship, the contract must result from this employment nature, regardless of the name or qualification that the parts have given.