The €7.5k WhatsApp Mistake
Spain’s Ministry of Labour is enforcing the “right to disconnect” more strictly. Companies can be fined up to €7,500 for contacting employees during holidays or outside working hours. Spain’s right is tied to its 2021 remote-work law.
Does This Law Apply to Self-Employed Agents?
Usually, no. If your agents are self-employed (autónomos):
They set their own hours.
They invoice you as independent professionals.
In these cases, there is no formal employer-employee relationship. Contacting them during holidays or weekends does not break the law.
When the Law Might Apply
Be careful if:
An agent gets most of their income from your agency.
You control their work hours or daily tasks.
They operate more like employees than independent contractors.
If any of these are true, labour authorities might decide the agent is actually an employee (a falso autonomo). This could lead to fines or inspections, a whole other story…
What About Office Staff?
If you have assistants, receptionists, or admin staff on payroll, the law does apply. You must:
Respect their time off.
Avoid contacting them outside working hours, except for emergencies and only if previously agreed.
| Scenario | Does the law apply? |
|---|---|
| You’re a solo agent working 24/7 | ❌ No – you’re only affecting yourself |
| You have a virtual assistant on contract | ✅ Yes – respect their time off |
| You lead a small team of agents | ✅ Yes – you must follow the law like any employer |
| You work under a larger agency as autónomo | ❌/✅ Possibly – depends if the agency treats you like an employee and sets your schedule |
What is considered “contact”
Phone calls
Emails
Text messages
WhatsApp (or other messaging apps)
Work-related communication in group chats
…so yes: WhatsApp messages in group chats can count as “contact” if:
- They are sent outside working hours or during the employee’s vacation, and
- They are work-related, such as:
New property listings
Meeting reminders
Sales targets or performance updates
Client updates or task assignments
Source: eleconomista.es
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—
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