About hostess clubs activity and its professional classification in the general social security system

Abstract

This research analyses a set of judgments pronounced by the Contentious-Administrative Chamber of the Supreme Courts of Justice in each autonomous community about the hostess clubs activity and the inclusion of its workers in the general social security system. Such judgments solve the resolutions of the General Social Security Treasury, which convene, of its own motion and after the intervention of the Labour and Social Security Inspectorate, the discharges of this system, which includes employed workers providing services under the conditions laid down in Article 1.1 of the Statute of Workers' Rights (SWR). A judicial doctrine is set out and assessed about the legal nature of the connection between hostess clubs workers or customer recruiters and the compliance of the requirements laid down in the mentioned regulation, regarding the presumption of employment referred to in Article 8.1 of SWR. Moreover, the matters related to the intervention of the Inspectorate will be studied, along with the expiration of the handled records, or the assessment of the issued acts and their presumption of veracity; as well as the possible suspension of the proceeding until the pending legal proceedings in other jurisdictions (lis pendens or prejudice*) are solved; matters submitted to court.