Should a self-employed person have a complaints form?
Posted: Wed Jan 29, 2025 10:31 am
Cancelled orders, frozen services, indefinite delays. The crisis has made Customer Service a crucial competitive value in the midst of growing general distrust, and the complaints form has become the symbol of transparency.
In large stores this document that protects consumer rights is well known, but in Spain, where 99% of the business fabric is made up of SMEs and self-employed workers , obvious legislative doubts arise.
Today at MÁSMÓVIL Negocios we review the concept of a complaints form , and clarify whether a self-employed person is obliged to offer one to their clients.
Complaint form for self-employed workers
You may also be interested in: " What is a corporate self-employed person and what taxes do they pay ?"
What exactly is the complaints form?
The lack of uniform and national regulations on the famous complaints form kuwait number data has prevented the creation of a precise definition of this document , which is so popular among consumer associations.
And although the right to complain about damages is included in article 21 of the General Law for the Defense of Consumers and Users , this is not necessarily articulated in the aforementioned article.
As stated in the LGDCU, " The system of verification, claim, guarantee and possibility of waiver or return established in the contracts must allow the consumer and user to ensure the nature, characteristics, conditions and usefulness or purpose of the good or service ."
This means that claims can be made effectively in the event of an error, defect or deterioration , and that guarantees of quality or level of performance can subsequently be made effective. The seller's obligation would therefore be subject to these variables.
However, the obligation to have a complaint form varies depending on the Autonomous Community. This is because Law 7/2017, of November 2 , eliminated the requirement for merchants and service providers to have this document.
Case by case
Three years ago, the mandatory requirement for a complaint form was removed and replaced by a series of specific information regarding the system that consumers should follow if they wished to do so.
However, the fact that it is not included in the BOE does not mean that it is not mandatory. This happens because it is the Communities themselves that have the competence in this matter, and therefore they are the ones that decide whether to require the sheet or not .
The law thus establishes a legal framework, but does not restrict the decision of each regional government. What it does specify at a national level is a list of minimum requirements based on the basic information that the consumer needs to make a complaint to the authorities.
In section 3 of article 21 of the LGDCU it is stated that " businessmen will make available to consumers and users information regarding the postal address, telephone number, fax, where appropriate ."
With the growth of e-commerce and the migration of retail to the digital environment , it also became mandatory to have an email address, which serves as a channel for possible complaints or questions regarding products and services.
The basic idea behind the text is that consumers can exercise their rights through tools provided by the provider in good faith . However, a second option was also considered in the event of possible disagreements .
So if in any case the business does not satisfy the claim, the consumer can turn to an alternative resolution entity notified to the European Commission, as provided for in the 2013 Directive.
Self-employed with a complaint form?
The complaint form is only expressly mandatory in those Autonomous Communities that have not repealed the unequivocal condition of the same. That is to say, what is stipulated at the national level must be complied with , as must what is included at the regional level if it has not been repealed.
In order to make a distinction, all self-employed persons who own a business and operate by providing a service to the public are required to have a complaint form. Not only that, they must also record the fact on a visible sign inside or outside the premises.
In large stores this document that protects consumer rights is well known, but in Spain, where 99% of the business fabric is made up of SMEs and self-employed workers , obvious legislative doubts arise.
Today at MÁSMÓVIL Negocios we review the concept of a complaints form , and clarify whether a self-employed person is obliged to offer one to their clients.
Complaint form for self-employed workers
You may also be interested in: " What is a corporate self-employed person and what taxes do they pay ?"
What exactly is the complaints form?
The lack of uniform and national regulations on the famous complaints form kuwait number data has prevented the creation of a precise definition of this document , which is so popular among consumer associations.
And although the right to complain about damages is included in article 21 of the General Law for the Defense of Consumers and Users , this is not necessarily articulated in the aforementioned article.
As stated in the LGDCU, " The system of verification, claim, guarantee and possibility of waiver or return established in the contracts must allow the consumer and user to ensure the nature, characteristics, conditions and usefulness or purpose of the good or service ."
This means that claims can be made effectively in the event of an error, defect or deterioration , and that guarantees of quality or level of performance can subsequently be made effective. The seller's obligation would therefore be subject to these variables.
However, the obligation to have a complaint form varies depending on the Autonomous Community. This is because Law 7/2017, of November 2 , eliminated the requirement for merchants and service providers to have this document.
Case by case
Three years ago, the mandatory requirement for a complaint form was removed and replaced by a series of specific information regarding the system that consumers should follow if they wished to do so.
However, the fact that it is not included in the BOE does not mean that it is not mandatory. This happens because it is the Communities themselves that have the competence in this matter, and therefore they are the ones that decide whether to require the sheet or not .
The law thus establishes a legal framework, but does not restrict the decision of each regional government. What it does specify at a national level is a list of minimum requirements based on the basic information that the consumer needs to make a complaint to the authorities.
In section 3 of article 21 of the LGDCU it is stated that " businessmen will make available to consumers and users information regarding the postal address, telephone number, fax, where appropriate ."
With the growth of e-commerce and the migration of retail to the digital environment , it also became mandatory to have an email address, which serves as a channel for possible complaints or questions regarding products and services.
The basic idea behind the text is that consumers can exercise their rights through tools provided by the provider in good faith . However, a second option was also considered in the event of possible disagreements .
So if in any case the business does not satisfy the claim, the consumer can turn to an alternative resolution entity notified to the European Commission, as provided for in the 2013 Directive.
Self-employed with a complaint form?
The complaint form is only expressly mandatory in those Autonomous Communities that have not repealed the unequivocal condition of the same. That is to say, what is stipulated at the national level must be complied with , as must what is included at the regional level if it has not been repealed.
In order to make a distinction, all self-employed persons who own a business and operate by providing a service to the public are required to have a complaint form. Not only that, they must also record the fact on a visible sign inside or outside the premises.