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A query was raised regarding whether an associative work cooperative with three members can hire two part-time employees without losing its special tax regime. The DGT ruled that, as their combined hours do not exceed one full working day, the requirement for effective membership is met.
Cuestión planteada
Para determinar el límite de trabajadores asalariados, deben computarse los contratos a tiempo parcial por tiempo indefinido. No obstante, el cómputo debe basarse en la jornada contratada en relación con la jornada completa para respetar la permanencia efectiva. En una cooperativa de tres socios, que permite un trabajador asalariado, la contratación de dos personas a tiempo parcial no conlleva la pérdida de la condición de cooperativa protegida si la suma de sus jornadas no supera una jornada completa.
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