The crackdown on false self-employed: banks will automatically report to the Labor Inspectorate

 

Starting in 2026, control over labor relations will take an unprecedented technological leap. Banks will begin to automatically report recurring payments to the Labor Inspectorate, establishing a system of continuous monitoring and control. This measure consolidates the Administration's offensive to eradicate fraud, adding to a scenario of increasing pressure: in 2025 alone, the Inspectorate regularized more than 47,000 false self-employed workers in Spain, the highest figure recorded in the historical series.

Authorities and the judiciary are clear that the reality of day-to-day life takes precedence over paper. The law does not care about the type of commercial contract the parties have signed. If a professional is subject to the organization and directives of a company, they are legally considered its employee. In this sense, invoicing has become the clearest indication to detect fraud. Systematically paying the same economic amount each month, without linking it to the actual volume of work, demonstrates that the professional does not assume any economic risk and lacks true autonomy.

This form of taxation is firmly supported by jurisprudence. It was these same criteria that determined the historic ruling of the Supreme Court in the Glovo case, where the ruling was against the delivery company because it was the platform that set the remuneration for the "riders" and controlled the essential technological asset to carry out the activity.

Keeping workers under the guise of self-employed poses a lethal financial risk. Companies are exposed to retroactive fines that can exceed 50,000 euros for each affected professional. In addition, as detailed by current labor regulations on fraud, companies face the required payment of all unpaid Social Security contributions over the last four years, with late fees that can range from 100% to 150%, potentially incurring even a criminal offense if the unpaid debt exceeds 50,000 euros.

To avoid this scenario of sanctions, companies must regularize the situation immediately. Regulations provide two legal pathways: formalizing a regular employment contract to integrate that professional into the workforce, or, if they maintain real organizational autonomy but are economically dependent on the company, registering them as TRADE (Economically Dependent Self-Employed Worker).

The automatic bank report in 2026 will reveal hidden employment relationships where the fixed remuneration exposes the lack of autonomy. In the face of penalties exceeding 50,000 euros per worker and the demand for overdue contributions, the only way out for companies is the immediate regularization of their collaborators by integrating them into the workforce or as TRADE.