Flexible commercial structures with controlled employment risk
We advise companies on commercial relationships with agents, consultants and independent professionals operating in Spain.
Our work covers contractual classification, working arrangements, coordination models, remuneration, exclusivity, Social Security exposure and the risk of employment reclassification.
We structure relationships that preserve commercial flexibility while reducing unnecessary legal, financial and operational risk.
Commercial arrangements with independent professionals require careful analysis of how the relationship operates in practice.
The contractual wording, degree of autonomy, organisational integration, working methods, remuneration, exclusivity, control and economic dependence must be aligned before the engagement begins.
We assess whether the proposed structure is appropriate and advise companies from initial design through implementation, review and defence in the event of challenge.
We advise on:
The legal nature of the relationship depends on how the services are actually provided, not only on the title of the contract.
We assess autonomy, dependency, integration, control, working arrangements, financial risk and the organisation of the professional’s activity to determine whether a commercial structure is legally sustainable.
Agency and consultancy relationships require clear allocation of responsibilities and decision-making authority.
We draft and review agreements covering scope, objectives, remuneration, commissions, reporting, expenses, confidentiality, intellectual property, termination and post-contractual obligations.
Commercial relationships must allow the professional to retain genuine organisational and operational autonomy.
We advise on communication channels, access to systems, working methods, reporting expectations, use of company resources and coordination practices that support the commercial nature of the engagement.
An incorrectly structured relationship may be reclassified as employment, creating liability for contributions, salaries, compensation and sanctions.
We assess the potential exposure, review existing arrangements and recommend corrective measures where contractual terms and working practices do not align.
Fees, commissions and incentive arrangements must be consistent with the commercial structure.
We advise on remuneration models, exclusivity, non-compete clauses, client ownership, non-solicitation and other protections, taking into account their enforceability and classification implications.
The end of a commercial relationship may give rise to claims concerning notice, compensation, commissions, client indemnity or employment status.
We advise on termination strategy, documentation, negotiation, settlement and defence in judicial or administrative proceedings.
Functions, working arrangements, autonomy, integration and classification risk.
Contractual model, coordination framework, remuneration and protective clauses.
Contract drafting, internal procedures, communication and operational alignment.
Contractor audits, reclassification risk, termination, disputes and corrective measures.
Employment counsel should be involved before the professional begins providing services or the commercial model is implemented.
Early involvement is particularly important where the individual works exclusively or primarily for one company, uses internal systems, follows fixed instructions, performs core business functions or is integrated into the organisation.
Corporate restructuring requires precision before action