An economic and social entity is defined as a set of entities, even with autonomous and/or distinct legal persons, and even operating under a franchise system, which present one or more elements which qualify them as not being independent and/or autonomous units, but rather having a concentration of managerial powers and identical or complementary activities, or a community of employees linked by identical, similar or complementary interests, and who have comparable social status.
Each available element which helps determine the existence of an economic and social entity is taken into account, such as:
- the existence of common or complementary structures or infrastructures;
- the use of a common, complementary or coordinated strategy;
- the dependence on one or more economic beneficiaries, whether these are totally or partly identical, complementary or linked ot each other;
- the dependence on a joint, complementary or related management or shareholding, or the dependence on managerial, supervisory or control bodies with the same persons or the persons representing the same organisations whether wholly or in part;
- working with a community of salaried workers linked by common or complementary interests or the fact that said workers have a similar or related social status.
Several establishments operating under the same or broadly similar name, including under a franchise system, are presumed to form an economic and social entity.