From this October 1, labor fraud is more expensive. The penalties of the Labor Inspection increase by 20% from this Friday, when the increase in fines agreed by the parties that support the Government and validated by the Courts comes into force. The amount of the sanctions had not increased since 2007 and their increase was a claim from unions and labor inspectors, who demanded an update of the fines to adapt to the passage of these fourteen years.
Carmen Collado, from a factory worker at the age of 14 to direct the Labor Inspection
The increase in sanctions was included in an amendment to the Teleworking Law, presented by PSOE and United We Can. This represents a 20% increase in fines, up to a maximum of 983,736 euros in the case of a very serious infraction in the prevention of occupational risks that reaches the highest degree.
The increase in sanctions not only has an impact on companies sanctioned for some labor fraud, but is also relevant for workers, such as remember in the Laboro blog. “The rise matters a lot to you as workers because compensation to the worker in case of violation of their fundamental rights can be sued for the same amount of the penalty for very serious misconduct. This penalty was at least 6,251 euros and that is why there are many sentences in which this compensation is paid for that amount “, they explain in this employment advice blog.
Now, given the increase in penalties, the 6,251 euros become 7,501 euros, so this would be the new minimum reference for workers’ compensation.
This is how the fines remain
Next, it is detailed how the bulk of the sanctions of article 40 of the LISOS (Law on Infractions and Sanctions in the Social Order) remain, after the 20% increase.
Regarding infractions in labor relations and employment and in matters of Social Security, except for some exceptions with specific fines, these sanctions are established:
a) The minor ones, in their minimum degree, with fines of 70 to 150 euros; in its medium grade, from 151 to 370 euros; and in its maximum degree, from 371 to 750 euros.
b) The serious ones with a fine, in its minimum degree, of 751 to 1,500 euros, in its average degree of 1,501 to 3,750 euros; and in its maximum degree from 3,751 to 7,500 euros.
c) Very serious with a fine, in its minimum degree, from 7,501 to 30,000 euros; in its average grade from 30,001 to 120,005 euros; and in its maximum degree from 120,006 euros to 225,018 euros.
On the other hand, infractions in the field of prevention of occupational risks will be sanctioned:
a) The minor ones, in their minimum degree, with a fine of 45 to 485 euros; in its medium grade, from 486 to 975 euros; and in its maximum degree, from 976 to 2,450 euros.
b) The serious ones with a fine, in its minimum degree, from 2,451 to 9,830 euros; in its medium grade, from 9,831 to 24,585 euros; and in its maximum degree, from 24,586 to 49,180 euros.
c) Very serious with a fine, in its minimum degree, from 49,181 to 196,745 euros; in its medium grade, from 196,746 to 491,865 euros; and in its maximum degree, from 491,866 to 983,736 euros.
The infractions in the matter of cooperatives will be sanctioned:
a) The minor ones, with a fine of 450 to 905 euros.
b) The serious ones, with a fine of 906 to 4,545 euros.
c) Very serious, with a fine of 4,546 to 45,504 euros.