¿Te han denunciado por un delito contra los derechos de los trabajadores?

Have you been reported for a crime against workers’ rights? Are you looking for a criminal defense attorney specializing in crimes against workers’ rights who will defend your interests effectively and with experience? At our criminal law firm, we have one objective: to protect your rights and your future.

In this article we will explain everything you need to know if you are under investigation or charged with this type of crime, how an expert attorney can help you and what defense strategies exist. We accompany you from start to finish, with maximum professionalism and dedication.

What is a crime against workers’ rights?

Concept and legal regulation

The crime against workers’ rights is regulated in articles 311 to 318 of the Spanish Penal Code. Its objective is to protect dignified working conditions, preventing abuse, fraud or exploitation that harms workers.

Specifically, article 312.2 of the Penal Code sanctions:

a) The employment of foreigners without work permits, and

b) That such employment is carried out under conditions that harm, suppress or restrict their labor rights.

It is not enough to simply hire irregular foreigners: it is required that the conditions be clearly undignified or abusive.

What differentiates a crime against

What are the penalties for crimes against workers’ rights?

Prison sentences

The prison sentence provided for crimes against workers’ rights ranges between six months and six years, depending on the severity of the facts.

The judge will assess different factors to determine the length of the sentence:

• The number of workers affected.
• The intensity of the violation of rights.
• The level of exploitation or abuse established.
• The recidivism or previous history of the accused.

In minor cases, it is possible to obtain sentences close to the legal minimum (six months or one year), which allows requesting the suspension of execution of the sentence. However, if aggravating circumstances exist, sentences can reach up to six years in prison.

Significant financial penalties

In addition to the prison sentence, the convicted person may be sanctioned with financial penalties of considerable amount.

These fines:

• Are imposed in months (usually between six and twelve months).
• The daily amount is set by the judge according to the economic capacity of the convicted person (normally between 6 and 400 euros daily).
• Non-payment of the fine may result in substitute imprisonment.

Special disqualification from holding management positions in companies

The conviction may also entail disqualification