Mum's been paying someone cash for care work in Spain, now received an official letter from the Spanish labour authority, could I be personally liable? [Spain]
(posted on r/LegalAdviceUK and they told me to post here).
Sorry if this is all over the place, I'm still processing a recent phone call from my mum and I don't really know where else to ask this.
My mum is 74, she retired to the south of Spain in 2020. Pretty much since she moved there she's had a local Spanish woman coming round 3 times a week to help with bits around the house, light cleaning, help with the weekly shop, some cooking.
Mum's been paying her roughly €400 a month in cash with contract or written agreement, nothing declared to anyone on either side as far as I know. It was just one of those informal arrangements that felt normal at the time and nobody questioned it.
Early this month the woman slipped on the kitchen tiles at mum's place and broke her wrist quite badly. Mum felt terrible, helped her get to the hospital, thought that was the end of it.
Then saturday mum rings me absolutely panicking because she's received an official looking letter in Spanish that she couldn't read. I got someone to translate it and it references something called the Estatuto de los Trabajadores and mentions an inspection from the labour authority, I think it's called the Inspección de Trabajo.
From what I can gather the woman has filed some kind of formal complaint or claim.
The bit that's really scaring me is this, the cash mum has been paying this woman with comes from a UK bank account that's jointly in both our names. Mum added me to the account so I could help manage her bills and transfer money over when she needed it, it was purely practical.
But now I'm terrified that because my name is on the account those payments came from, I could somehow be considered jointly liable or an employer or whatever the Spanish equivalent is. I don't even live in Spain, I've been to visit mum 3 or 4 times total.
I know mum probably should have done this properly from the start but she had no idea there were rules around this kind of thing, she just thought she was paying a neighbour for some help.
Does Spanish employment law apply here even though mum is a British citizen? Is there any realistic chance I get dragged into this personally because of the joint account?
And should mum respond to this letter or get a lawyer first, because part of me thinks responding without advice could make everything worse.