Staying at a bar in Gipuzkoa, Spain, and ending up suing for €12,150
A man is claiming €12,150 from the owner of a bar in Gipuzkoa, Spain, for serving coffees after being taken in to sleep there. The case has reignited the labour debate.
English · Original discussion in Spanish · Published
Sleeping in a bar and suing for €12,150 over serving coffees
An unusual case has peine the debate over the relationship between generosity and labour law. According to El Diario Vasco, a man who was taken in to sleep at a bar in Gipuzkoa has claimed €12,150 from the owner of the establishment, arguing that serving coffees to customers constituted unpaid work.
The claimant reportedly spent eight months living at the premises, during which he took charge of the bar counter at two points in the day. The amount claimed, €12,150, would correspond to that daily, unpaid activity. From a labour law perspective, the case fits the pattern of a disguised employment relationship: a service provided under someone else's control, albeit without a contract or payslip.
Reactions to the case reflect the classic divide. On one side, those who see an improper exploitation of someone else's goodwill, arguing that taking someone in should not become a source of liability. On the other, those who believe that the continuous provision of services generates unavoidable employment rights, regardless of the context of the arrangement.
Behind the anecdote lies a real problem for small businesses: the line between a favour and employment is thinner than it seems. Formalising any help, however small, avoids bigger surprises. For now, the case is in the hands of the courts.
An unusual case has peine the debate over the relationship between generosity and labour law. According to El Diario Vasco, a man who was taken in to sleep at a bar in Gipuzkoa has claimed €12,150 from the owner of the establishment, arguing that serving coffees to customers constituted unpaid work.
The claimant reportedly spent eight months living at the premises, during which he took charge of the bar counter at two points in the day. The amount claimed, €12,150, would correspond to that daily, unpaid activity. From a labour law perspective, the case fits the pattern of a disguised employment relationship: a service provided under someone else's control, albeit without a contract or payslip.
Reactions to the case reflect the classic divide. On one side, those who see an improper exploitation of someone else's goodwill, arguing that taking someone in should not become a source of liability. On the other, those who believe that the continuous provision of services generates unavoidable employment rights, regardless of the context of the arrangement.
Behind the anecdote lies a real problem for small businesses: the line between a favour and employment is thinner than it seems. Formalising any help, however small, avoids bigger surprises. For now, the case is in the hands of the courts.
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Summary of a discussion on Burbuja.info - Foro de economía, actualidad y política., translated from Spanish and reviewed before publication. Read the full discussion (17 replies).
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