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Have you been arrested or investigated for labor exploitation at a call center?

The National Police have recently arrested several people in Madrid and Fuenlabrada for an alleged case of labor exploitation at call centers. The investigation describes a system based on precarious work, abusive targets, and conditions imposed on people in vulnerable situations. In Spain, according to the Attorney General’s Office, proceedings for crimes against workers’ rights have grown steadily in recent years, with hundreds of active investigations in major cities.

We are not dealing with a simple labor irregularity. When the facts reach this level, we enter the realm of crimes against workers’ rights. And that completely changes the scenario.

If you find yourself in a similar situation, you need to understand what is really being investigated and what you are facing. You should contact a criminal defense attorney specialized in this type of case as soon as possible.

What crimes could be charged against those investigated in this scheme?

Crime against workers’ rights (art. 311 CP)

The core of these investigations usually focuses on the crime against workers’ rights under article 311 of the Criminal Code.

This provision punishes the imposition of working conditions or Social Security conditions that harm, suppress, or restrict rights recognized by labor regulations, especially when acting through deception or abusing a situation of need.

The key lies in that element: imposition. A mere irregularity is not enough. It must be proven that the worker did not have a real capacity to choose and was placed in a clearly abusive situation.

From the defense perspective, the focus should be on denying that real imposition and demonstrating that there was no context of exploitation

Under investigation for labor exploitation in Madrid?

Call center investigado por explotación laboral en Madrid

Penalty for crimes against workers’ rights

The penalty for crimes against workers’ rights can be very severe.

Article 311 provides for prison sentences of six months to six years, in addition to fines. This range allows the court to assess the actual severity of the facts.

Article 312, in cases of illegal contracting with exploitation, can reach penalties of up to five years in prison.

The problem worsens when several factors converge:

  • Affecting multiple workers
  • Facts prolonged over time
  • Existence of an organized structure

In these cases, continuing offense may apply, which significantly increases the penalty. And if an organized structure is also proven, the criminal risk skyrockets.

How the system worked: key aspects of the case

The call center case is not isolated. It follows a pattern that is increasingly being investigated.

According to the investigation:

  • Foreign workers without permits were hired
  • Very demanding daily targets were imposed on them
  • There were internal performance rankings
  • Those at the bottom were punished publicly
  • There were no breaks or decent working conditions
  • Locations were changed to avoid inspections

This type of dynamic seeks one thing: to take advantage of the worker’s vulnerability to impose conditions they would not accept in a regular environment.

That is where criminal law comes into play.

Looking for the best attorney expert in labor and economic crimes in Madrid?

Detenidos por explotación laboral en call center — esposas policiales

What other crimes could the arrested individuals in this investigation be charged with?

Criminal organization offense (art. 570 bis CP)

When the investigation speaks of multiple centers, division of functions, and continuity over time, the criminal organization offense under article 570 bis of the Criminal Code usually appears.

This classification implies an important qualitative leap. It is not just about isolated acts, but about an alleged structure with a vocation for permanence and common criminal purpose.

The defense must question the structural elements: hierarchy, stability, real coordination, and purpose. In many proceedings, the organization is built on weak evidence or legitimate business relationships that are reinterpreted in criminal terms.

When there are multiple centers, defined roles, and continuity over time, the prosecution usually classifies the matter as a criminal organization. This changes everything: penalties increase and the focus of the investigation expands to all those involved.

Fraud offense (art. 248 CP)

In the call center case, the fraud offense under article 248 of the Criminal Code may also appear, especially if the use of scripts to induce error in customers is investigated.

For fraud to exist, it is essential to prove: sufficient deception, error in the victim, an act of patrimonial disposition, and economic damage.

Not every aggressive commercial practice constitutes a crime. The defense must analyze whether the deception has true criminal relevance or if the classification is being forced.

Additionally, it is essential to individualize the conduct. Designing the system is not the same as executing orders without capacity

Have you been reported for a crime against workers’ rights?

How to act if you have been reported for a crime against workers’ rights

A report for a crime against workers’ rights is not a formality. It is a criminal proceeding with real consequences: prison, fines, disqualification, and reputational damage.

If you are in that situation, you need to act quickly and with good judgment. The difference between a conviction and an acquittal usually lies in how the defense is approached from the first moment.

If you are looking for an attorney expert in crimes against workers’ rights, make sure they truly understand the problem. This is not just about knowing the law. It is about knowing how to defend you.

Frequently asked questions about labor exploitation in call centers

What is the difference between a labor irregularity and a criminal offense?

A labor irregularity is resolved through administrative channels or before the labor court. For there to be a crime, there must be imposition of abusive conditions taking advantage of the worker’s situation of need. Not every labor infraction is a crime.

Can the person responsible avoid provisional detention?

Yes. If ties to the community, absence of flight risk, and willingness to cooperate with the investigation are proven, the defense can request alternative measures from the first moment. Provisional detention is not automatic in these cases.

What happens if I only executed orders and did not design the system?

The fact of executing orders does not automatically eliminate responsibility, but it can reduce or exclude it if you had no real decision-making capacity or knowledge of the illegality. That analysis is key to building an effective defense.

When can criminal organization apply in a case of labor exploitation?

When there are multiple coordinated centers, stable division of roles, and common criminal purpose. The key is that there is a structure with a vocation for permanence, not mere collaboration

Víctor Ávila, abogado penalista en Madrid
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Abogado penalista en Madrid (Graduado en Derecho y ADE con Máster de Acceso a la Abogacía), experto en procedimientos complejos y técnicos en Derecho Penal. Cuenta con títulos como el Curso de DerechoPenal Avanzado impartido por magistrados del Tribunal Supremo en el Iltre. Colegio de Abogacía de Madrid.