Contratación laboral o servicios profesionales: Un dilema en los gimnasios y centros deportivos

• DOI: https://doi.org/10.22533/at.ed.433142508071

• Palavras-chave: contratación, gimnasio, instructor, salario, servicio.

• Keywords: hiring, gym, instructor, salary, service.

• Abstract: This document addresses important aspects for hiring trainers in gyms and sports centers, focusing on the differences between employment contracts and professional services contracts in Costa Rica. Employment contracts typically include several defining characteristics: a fixed work schedule, a specific physical space provided by the gym or sports center, regular compensation and subordination by the boss or owner of the gym or sports center, and these elements show clearly the employment relationship, and legally the sports center or gym is obliged to pay social security, pensions, bonuses and other benefits to employees, which increases total labor costs by approximately 26.6%. Professional services contracts, on the other hand, are designed for independent contractors who do not have these characteristics, and trainers employed under this model do not receive the same benefits and are often paid after completing specific tasks or projects, in addition that there is no subordination on the part of the person who hires them. However, some gyms and fitness centers use professional services agreements to avoid the financial obligations of employment contracts, which can lead to legal disputes and penalties if the relationship is found to correspond to a traditional employment relationship.