In April 2024, a proposal to amend the Labor Code was registered in the Senate so as to regulate the agency agreement, as well as the possibility of assimilating the work performed under an agency agreement with that under an employment agreement, in terms of seniority. We wrote about this proposal here. The Government has delivered a negative position on this proposal.
The first part of the document lists the differences between the two types of agreements, such as the lack of subordination in the case of an agency agreement, the fact that, while an employment agreement is necessarily onerous, an agency agreement may be free of charge, etc. It then goes on to point out other reasons why this assimilation cannot be made, such as the fact that in the case of an agency agreement, the co-contractor’s work schedule is not established, and it is therefore impossible to determine exactly how long he or she has worked.