La dependencia como rasgo fundamental de la relación laboral

Resumo

The existence of an employment relationship, which lies in the presence of certain es-sential elements (dependence, ajenity, payment and willingness), is a case-by-case, which must be decided on the basis of the concurrence of evidence to demarcate that figure from the lease or similar ones. Among those elements, the fundamental one is the dependence and the Supreme Court has indicated that the trade unionist or dependent trade union adviser is also labour staff, since the autonomy he enjoys cannot be interpreted in such a strict way as to impede a certain capacity to plan his entrusted work, in which the instructions of the management of the trade union will be followed, being compatible with his freedom and self-organization.