The judgment of the 195/1996 Constitutional Court of 28 November, establishes that it corresponds to the State legislator the task to rewrite the law 8/1988, of 7 April, on offences and sanctions in the Social order, for the sake of the respect and clarification of the constitutional order of competence and for the benefit of legal certainty, indispensable in sanctioning matter.
The legislature, through the first additional provision of the Act 55/1999, of 29 December, tax, administrative and social order, authorizes the Government to produce, within the period of nine months from its entry into force, a consolidated text of the law of infringements and sanctions in the Social order, which integrates duly regularized, clarified and systematized, the different laws detailing.
By virtue, on the proposal of the Minister of labour and Social Affairs, in accordance with the Council of State and after deliberation by the Council of Ministers at its meeting of August 4, 2000, D I S P O N G O: only article.
Approves the revised text of the law on offences and sanctions in the Social order, which is then inserted.
Sole final provision. Entry into force.
This Royal Legislative Decree and the text adopted shall enter into force on January 1, 2001.
Given in Palma de Mallorca on August 4, 2000.
JUAN CARLOS R.
The Minister of labour and Social Affairs, JUAN CARLOS APARICIO PÉREZ text revised of the law on infractions and sanctions in order SOCIAL chapter I provisions general article 1. Breaches in the social order.
1 they constitute administrative offences in the social order actions or omissions of different subjects responsible for classified and punished under this law and in the laws of the social order.
2. violations may not be sanctioned without prior instruction from the appropriate record, in accordance with the administrative procedure in this matter, a proposal from the Inspectorate of labour and Social Security, without prejudice to the responsibilities of another order that can attend.
3 offences are qualified as minor, serious and very serious in view of the nature of the infringed duty and the entity of the concerned law, in accordance with the provisions of the present law.
Article 2. Individuals responsible for the violation.
They are liable for the infringement subject to natural or legal persons and the communities of goods that engage in actions or omissions classified as offences in this law and, in particular, the following: 1. the employer in the employment relationship.
2. employers, workers own or outside or assimilated, recipients and applicants for benefits from Social Security, the mutual of accidents of work and occupational diseases and other collaborators in the management, in the field of the legal Social Security relationship, as well as entities or companies responsible for the management of performance in terms of its obligations in relation to the registration of public social benefits and other subject information from revenue significance in matters of Social Security.
3. employers, workers and, in general, the natural or legal persons, respect of the rules of placement, promotion of employment and occupational and continuous vocational training.
4. carriers, agents, agents, representatives, employees and, in general, the natural or legal persons involved in operations of emigration or migratory movements.
5. employers and self-employed persons with regard to the legislation on foreigners work.
6. cooperatives against their partners workers and working members, the law 27/1999 of 16 July, cooperatives.
7 employment agencies, temporary work companies and business users with regard to the obligations that are established in their specific legislation and the prevention of risks at work, without prejudice to provisions of other numbers in this article.
8. the promoters, work owners and self-employed workers who fail to comply with the obligations arising from the regulations on prevention of occupational risks.
9. the specialized entities that act as prevention services outside companies, persons or entities that develop the activity of the system of prevention of companies audit and accredited entities to develop and certify the training on prevention of occupational risks which fail to comply with the obligations laid down in the regulations on this matter.
10. natural or legal persons and the communities of property holders of workplaces and Community dimension companies situated in Spanish territory, with respect to the rights of information and consultation of workers in the terms set out in its specific legislation.
11. the employers included in the scope of the legal regulation governing the posting of workers in the framework of the provision of services that are transnational, with respect to the working conditions which must ensure such workers temporarily moved to Spain.
Article 3. Concurrent with the criminal court order.
1 acts that have been punished administratively, or criminal in cases in which to appreciate subject's identity, in fact and unfounded may not punish.
2. in the event that violations could be constitutive of illicit criminal, Administration will blame both the competent judicial authority or the Department of public prosecutions and refrain from the sanctioning procedure while the judicial authority is not handed down judgment or resolution which put an end to the procedure or the public prosecutor's Office does not communicate the inadmissibility of start or continue proceedings.
3 have not estimated the existence of illicit criminal, or in the case of dictation resolution which put an end to criminal proceedings, the Administration will continue sanctioning record based on the facts that the courts have considered proven.
4. the communication of the both of guilt to the Court or the public prosecutor's Office or the beginning of performances by them, will not affect the immediate fulfillment of the stoppage of work measures taken in cases of serious and imminent risk to the safety or health of the worker, to the effectiveness of remedies requirements formulated, or to the disciplinary proceedings no direct connection with those who are subject to any jurisdictional order performances criminal.
Article 4. Prescription of infringements.
1. infringements in the social order that is referred to in this law prescribed three years counted from the date of the infringement, except as provided in the following numbers.
2. infringements in the field of Social Security shall be extinguished after the five years, except those committed by workers and beneficiaries involving the reinstatement of unduly received Social Security benefits, that the limitation period will be four years.
3. in the field of prevention of occupational risks, the infractions will prescribe: the year the mild, three years after the serious and five years the very serious, as from the date of the offence.
4 violations of the legislation of cooperative societies will prescribe: the mild, to three months; the grave, at six months; and the very serious, annually, from the date of the offence.
Chapter II infringements labour article 5. Concept.
1 are labour offences the acts or omissions of entrepreneurs contrary to rules, laws, regulations and provisions regulations of collective agreements in labour relations, both individual and collective, placement, employment, occupational training and temporary work, typified and penalized in accordance with this law. Also, will have such consideration other actions or omissions of responsible subjects and in subjects that are regulated in this chapter.
2 are labour offences in the area of occupational risk prevention the actions or omissions of entrepreneurs, the entities that act as prevention services outside companies, the Auditors and the training in this area and outside enterprises, as well as developers and owners of work and own account workers that they fail to comply with legal, regulatory standards and normative clauses of the collective agreements in the field of occupational safety and health subject to liability under this Act.
SECTION 1 offences in matters of relations labour subsection 1st violations in individual and collective labour relations article 6. Minor offences.
Minor offences are: 1. do not expose the current work schedule in place on the work center.
2. not to surrender promptly the worker the receipt of wages or not to use the model receipt of wages applicable, official or agreed.
3. do not make available to homeworkers control document of the work carried out.
4. do not inform in writing to the worker about the essential elements of the contract and the main conditions for performance of the labor provision, in the terms and deadlines laid down by regulation.
5. any other breaches affecting obligations merely formal or documentary.
Article 7. Grave breaches.
They are serious violations: 1. not formalized in writing the employment contract when this requirement is required or when the worker has requested it.
2. the transgression of the rules on contractual arrangements, fixed-term contracts and temporary, through their use in fraud law or about people, purpose, assumptions and time limits other than those provided legal, regulations, or by collective agreement when these ends can only be determined by collective bargaining.
3 not entered on the receipt of wages the amounts actually paid to the worker.
4. the breach of obligations in the field of processing of settlement receipts.
5. the transgression of the rules and the limits, legal or paccionados in the field of day, night work, overtime, breaks, holidays, permits and, in general, working time referred to in articles 23 and 34 to 38 of the Royal Legislative Decree 1/1995 of 24 March, which approves the text of the law of the Statute of workers.
6. the modification of substantial working conditions unilaterally imposed by the employer, pursuant to article 41 of the Statute of workers.
7. the violation of rights of audience, information and consultation of the representatives of workers and trade union delegates, in the terms in which legally or conventionally are established.
8. the violation of the rights of representatives of the workers and the unions in terms of credit hours paid and premises suitable for the development of their activities, as well as bulletin boards, in the terms in which legally or conventionally are established.
9. the violation of the rights of the Trade Union sections in order to raise fees, distribution and reception of information Trade Union, in the terms in which legally or conventionally are established.
10. establish working conditions inferior to those established legally or by collective agreement, as well as acts or omissions that are contrary to the rights of workers as recognized in article 4 of the law of the Statute of workers, unless appropriate qualification as very serious, in accordance with the following article.
Article 8. Very serious offences.
They are very serious infringements: 1. non-payment and delays reiterated in the payment of due wages.
2. the transfer of workers under the terms prohibited by current legislation.
3. the plant closing or cessation of activities, temporary or permanent, carried out without the authorization of the labour authority, where it is mandatory.
4. the transgression of the rules referred to in the labour law child labour.
5. the acts or omissions which prevent the exercise of the right of Assembly of workers, their representatives and the Trade Union sections, in the terms in which legally or conventionally were established.
(6. the violation of the right to assistance and access to workplaces, in the terms established by article 9(1), c), of the organic law 11/1985, of 2 August on freedom of Association, of whom hold elective posts at the provincial, regional, or State level in the most representative trade union organizations.
7. the transgression of the material duties of collaboration that impose the entrepreneur the rules governing electoral processes to worker representatives.
8. the transgression of the normative clauses on Trade Union matters laid down in collective agreements.
9. the refusal of the entrepreneur to the reopening of the workplace within the prescribed period, when it was required by the labour authority in cases of lockout.
10. the harmful acts of businessman of the right to strike of workers consisting of the replacement of striking workers by others not linked to work at the time of its exercise Center, except in cases justified by law.
11 acts of the employer that are contrary to the respect for privacy and consideration due to the dignity of workers.
12. the unilateral decisions of entrepreneur involving unfavourable age discrimination or when contain discrimination favorable or adverse in terms of fees, conferences, training, promotion and other working conditions, for reasons of sex, origin, civil status, race, social condition, religious or political ideas, membership or not to trade unions and its agreements, kinship with other workers in the company , language within the Spanish State, or because of physical, psychological or sensory decreases.
13. the sexual harassment when it occurs within the field to reach the faculties of business management, anyone who is the active subject of the same.
14. the breach by the employer of the suspension of the effectiveness of the transfer, in the case of extension of the term of incorporation by the labour authority referred to in article 40.2 of the law of the Statute of workers.
15. the failure by the company from the obligation to implement the commitments for pensions with the personnel of the company under the terms established in the regulatory legislation of plans and pension funds.
Subsection 2nd infringements on rights of information and consultation of employees in undertakings and groups of undertakings article 9 Community dimension. Serious and very serious infringements.
1 are serious breaches, unless appropriate qualification as very serious in accordance with the provisions of the following paragraph of this article: to) not to provide the requested information on the number of workers for the purpose of defining the existence of a company or group of companies of Community dimension in order to establish a European Works Council or of establishing an alternative procedure for information and consultation of workers.
(b) not give European transfer to the central address of the request for negotiations for the Constitution of a Committee or the establishment of an alternative procedure for information and consultation.
(c) the violation of the rights of the bargaining Committee of the European Works Council meeting, and, where appropriate, representatives of workers in the framework of a workaround for information and consultation, as well as their right to be assisted by experts of its choice.
(d) the violation of the rights of the bargaining Committee, of the European Works Council and, where appropriate, representatives of workers in the framework of an alternative procedure for information and consultation in the field of financial and material resources for the proper functioning and development of their activities.
(e) the lack of call, time and form of ordinary and extraordinary meetings of the EWC with the central direction.
(f) the violation of the rights and guarantees of the members of the Negotiating Committee, the EWC and representatives of workers in the framework of an alternative procedure for information and consultation, in the terms legally or conventionally established.
2 are very serious breaches: to) the actions or omissions that prevent the initiation and development of negotiation for the establishment of a European Works Council or the establishment of an alternative procedure for information and consultation of workers.
(b) the actions or omissions that prevent the functioning of the Negotiating Committee, the EWC and the alternative procedure for information and consultation, in the terms legally or conventionally established.
(c) the actions or omissions that prevent the effective exercise of the rights of information and consultation of the representatives of the workers, including abuse in the establishment of the obligation of confidentiality in the information provided or by the recourse to the dispensation from the obligation to communicate information in secrecy.
(d) the decisions taken in application of Act 10/1997, of 24 April, on rights of information and consultation of workers in the companies and groups of companies of Community dimension, that they contain or entail any kind of discrimination, favorable or adverse, by reason of the sex, nationality, language, marital status, social condition, religious or political ideas and accession or not a Union their agreements or exercise, in general, of trade union activities.
Subsection 3 breaches of obligations relating to the working conditions of displaced workers temporarily to Spain within the framework of a transnational provision of article 10. Infractions.
1 constitute minor offences formal defects in communication posting of workers to Spain within the framework of a transnational provision of services, in the terms established by law.
2 communication of displacement is serious infringement later at his home.
3 it constitutes a very serious infringement, the absence of communication of displacement, as well as misrepresentation or the concealment of data contained therein.
4. without prejudice to the foregoing, constitute administrative infringement not guarantee working conditions provided for by the labor Spanish legislation in the terms defined by article 3 of the law 45/1999, of 29 November, on the posting of workers in the framework of the transnational provision of services to displaced workers to Spain, anyone who is the law applicable to the employment contract, , regulations for its application, and in collective agreements and arbitral awards applicable at the place and in the sector or branch of activity concerned. The definition of these offences, their qualification as mild, serious or very serious, the sanctions and the criteria for graduation, shall comply with the provisions of this law.
SECTION 2 offences in the field of prevention of labour risks article 11. Minor offences.
Minor offences are: 1. the lack of cleanliness of the workplace which not derived risk to physical integrity or health of workers.
2. not realizing, on time, to the competent labour authority, in accordance with the regulations, accidents at work occurred and professional illnesses declared when they have mild qualification.
3. not to communicate to the competent labour authority opening the center of work or the resumption or continuation of work after making alterations or extensions of importance, or consign with inaccurate data which must declare or completed, provided that it is not industry described by the force as dangerous, unhealthy or harmful regulations by the elements processes or substances that are handled.
4 which involve breaches of the occupational risk prevention rules, provided that are devoid of serious importance to the physical integrity or health of workers.
5. any other affecting documentary or formal obligations required in the rules of prevention of occupational risks and are not classified as serious or very serious.
Article 12. Grave breaches.
They are serious violations: 1. do not carry out assessments of risks and, where applicable, their updates and revisions, as well as periodic inspections of the conditions of work and the activities of workers which may be applicable in accordance with the legislation on occupational risk prevention, or not to perform prevention activities that made necessary the results of evaluations.
2. do not perform medical examinations and tests of regular monitoring of the State of health of workers which may be applicable in accordance with the regulations on prevention of occupational risks, or does not communicate its outcome affected workers.
3. not notice in time and form to the labour authority, in accordance with the regulations, accidents at work occurred and declared occupational diseases when they have the qualification of serious, very serious or fatal, or not carry out an investigation in case of damage to the health of workers or to have indications that the preventive measures are insufficient.
4. do not record and archive data from assessments, controls, awards, research or reports referred to in articles 16, 22 and 23 of the law 31/1995 of 8 November, de Prevención de Riesgos Laborales.
5. not to communicate to the competent labour authority opening the center of work or the resumption or continuation of work after making alterations or extensions of importance, or consign with inaccurate data which must declare or completed, provided that in the case of industry qualified nor applying force as dangerous, unhealthy or harmful elements processes or substances that are handled.
6. the breach of the obligation to carry out the planning of preventive activity arising as necessary for the risk assessment. The breach of the obligation to draw up the plan for safety and health at work in each project of construction and public works, to the extent and in the form laid down in the rules of prevention of occupational risks, as well as failure to comply with this obligation, with alterations, in fraud law, the volume of the work or the number of workers.
7. the secondment of workers to jobs whose conditions were incompatible with their personal characteristics or who are manifestly in States or temporary situations which do not respond to the physical demands of the respective jobs, as well as the dedication of those tasks without taking into account their professional capabilities in the field of safety and health at work except that in the case of very serious offences under the following article.
8. the breach of obligations in the field of training and sufficient and appropriate information to workers about the risks of the job that can cause damage to the safety and health and preventive measures applicable, except that in the case of very serious offences under the following article.
9. the overcoming of the limits of exposure to harmful agents that, according to the rules on prevention of occupational risks, originate risk of serious damage for the safety and health of workers, without adopting appropriate preventive measures, except in the case of infringement very grave in accordance with the following article.
10. do not adopt the measures provided for in article 20 of the law on prevention of occupational risks in the field of first aid, fire fighting and evacuation of workers.
11. the breach of the rights of information, consultation and participation of workers recognized in the regulations on occupational risk prevention.
12. not provide training or appropriate means for the development of its functions workers designated for prevention efforts and the delegates of prevention.
13. do not take entrepreneurs and workers who develop activities in a centre of labour, or employers referred to in article 24.4 of the law of prevention of occupational risks, measures of cooperation and coordination for the protection and prevention of occupational risks.
14. do not inform the promoter or associate entrepreneur of the workplace, those others that develop activities in it, about the risks and the measures of protection, prevention and emergency.
15 do not designate one or more workers to deal with protection and prevention activities in the company or not to organize or arrange a service of prevention when it is mandatory.
16 that supposed breach of occupational hazard prevention regulations, provided that such failure create a serious risk to the physical integrity or health of the workers concerned and especially in terms of: to) communication authority work, when legally appropriate, substances, physical, chemical and biological agents, or processes used in companies.
(b) design, choice, installation, arrangement, use and maintenance of places of work, tools, machinery and equipment.
(c) Prohibitions or restrictions with regard to operations, processes and use of physical, chemical and biological agents in the workplace.
(d) limitations on the number of workers who may be exposed to certain physical, chemical and biological agents.
(e) use of certain forms of sampling, measurement and evaluation of results.
(f) collective or individual protection measures.
(g) signalling safety and labelling and packaging of dangerous substances, as these are handled or used in the production process.
(h) services or personal hygiene measures.
(i) registration of the levels of exposure to physical, chemical and biological, agents lists of exposed workers and medical records.
17. the lack of cleanliness of the Center or place of work, when it is common or when it risks to the physical integrity and health of workers arising.
18. the breach of the duty to inform the workers designated to deal with prevention activities or, where appropriate, to the prevention service of the addition to the company's workers with temporary work relationships, of duration specified or provided by temporary employment agencies.
19 do not facilitate access to the information and documents mentioned in paragraph 1 of article 18 and paragraph 1 of article 23 of the law on prevention of occupational risks prevention service.
20. do not submit, in the terms established by law, prevention system of the company to control an audit or external evaluation when the prevention service with a specialized entity foreign to the company had not arranged.
21 provide the competent labour authority, specialized entities that act as prevention services outside companies, persons or entities that develop the activity of audit of the system of prevention of the companies or the accredited bodies to develop and certify the training in the field of prevention of labour risks, data form or inaccurate content skip that had due record, as well as not to communicate any change of conditions of accreditation or authorization.
22 breach the obligations arising from activities corresponding to non-preventive services with respect to its concerted entrepreneurs, in accordance with the applicable legislation.
Article 13. Very serious offences.
They are very serious infringements: 1. failure to observe specific rules on the protection of the safety and health of workers during periods of pregnancy and lactation.
2. failure to observe specific rules on the protection of the safety and health of young persons.
3. do not freeze or suspend immediately, at the request of the Inspectorate of labour and Social Security, work that is made without observing the rules on prevention of occupational risks and that, in the opinion of the inspection, imply the existence of a serious and imminent risk to the safety and health of workers, or resume work without having previously corrected causes that they led to the stoppage.
4. the assignment of workers to jobs whose conditions were incompatible with his known personal characteristics or that are manifestly in States or temporary situations which do not respond to the physical demands of the respective jobs, as well as the dedication of those tasks without taking into account their professional capabilities in the area of safety and health at work When it arises a serious and imminent risk to the safety and health of workers.
5 breach the duty of confidentiality in the use of data relating to the monitoring of the health of workers, in the terms referred to in paragraph 4 of article 22 of the law on prevention of occupational risks.
6. overcome the limits of exposure to harmful agents that, according to the regulations on prevention of occupational risks, caused damage to the health of workers without adopting preventive measures as appropriate, in the case of serious and imminent risks.
7. not measures, employers and workers who develop activities in a centre of labour, of labor, necessary for the protection and risk prevention cooperation and coordination as regards activities regulations considered as dangerous or with special risks.
8 do not inform the promoter or associate entrepreneur of the workplace, those others that develop activities in it, about the risks and the measures of protection, prevention and emergency, in the case of activities according to the rules considered as dangerous or with special risks.
9. the acts or omissions which prevent the exercise of the right of workers to paralyze its activity in cases of serious and imminent risk in the terms provided for in article 21 of the law on prevention of occupational risks.
10. do not any other preventive measures applicable to the conditions of work in implementation of the rules on prevention of occupational risks which arises a serious and imminent risk to the safety and health of workers.
11 exercise its activities the specialized entities that act as prevention services outside companies, persons or entities that develop the audit of the system of prevention of business activity or which develop and certify training in occupational risk prevention, not counting the mandatory accreditation or authorization, when this has been suspended or terminated When the provisional authorisation, as well as when they exceed in his performance of the scope of the same had expired.
12. keep specialized entities that act as prevention services outside companies or persons or entities that develop the audit activity of the prevention system of companies, links commercial, financial or any other kind, with the companies audited or concerted, other than those of his performance as such, as well as certify, the entities that develop or certify the preventive training , activities not performed in its entirety.
SECTION 3 violation in matter of employment subsection 1st infractions employers and employment agencies, employment supports in general and occupational training article 14. Minor offences.
Minor offences are: 1. do not inform the office of employment contracts made in the cases in which that obligation is established.
2. not to communicate to the employment office the termination of contracts of employment, in cases that such obligation is expected.
3. failure to register at the Employment Office of the contract of work and its extensions in cases in which the registration obligation is established.
Article 15. Grave breaches.
They are serious violations: 1. not to inform companies of their task to the public employment service selection.
2. the breach of the booking, duration or preference in employment measures issued pursuant to article 17, paragraphs 2 and 3, of the law of the Statute of workers.
3 breach in labour integration of disabled people from the legal obligation to reserve jobs for disabled people, or its alternative measures of an exceptional nature.
4. do not notify the legal representatives of workers contracting of fixed-term contracts concluded, or does not provide them in time the copy basic contracts when there is such an obligation.
5. the advertising by any means of dissemination of job offers that do not respond to the real conditions of the offered post of or containing conditions contrary to the applicable regulations, without prejudice to the provisions of the following article.
Article 16. Very serious offences.
They are very serious infringements: 1. exercise activities of mediation for profit, any class and functional area, relating to the placement of workers, as well as exercise activities of mediation non profit, without having obtained the corresponding administrative authorization or continue acting in the brokerage and placement after the completion of the authorization, or when the extension had been dismissed by the public employment service.
2. establish conditions, through advertising, broadcasting or by any other means, constituting favourable or adverse discrimination in access to employment on grounds of race, sex, age, marital status, religion, political opinion, trade union membership, origin, social status and language within the State.
3. get or unduly enjoy subsidies, aid for promotion of employment or any non-economic Social security regime set to support the creation of employment or occupational training programmes.
4. the non-implementation or deviations in the implementation of aid, or subsidies of promotion of employment, reintegration of claimants of employment, and occupational vocational training granted, financed or guaranteed, in whole or in part, by the State or by the autonomous communities in the framework of the implementation of labour legislation, beyond the economic regime of Social Security.
Subsection 2 infringements of article 17 workers. Violations of the workers.
They constitute breaches of workers: 1. Lèves.
(a) does not appear, prior requirement, before the public employment service, employment agencies without profit or associated entities of integrated services for employment, or not to renew the demand for employment in the form and dates to be determined in the document renewal of the demand except for just cause.
(b) does not return the corresponding receipt in term, except for just cause, public service employment or, where appropriate, to non-profit agencies, have appeared in the place and date indicated to cover job offers provided by those.
2 Graves: refuse a suitable job offer, whether it is offered by the public employment service or by non-profit agencies, or refuse to participate in the work of social collaboration, programmes of employment, including those of employability, or in actions of promotion, training or retraining, except for a cause justified, offered by the public employment service or by partners of integrated employment services.
For the purposes provided for in this law, shall include appropriate employment and social collaboration works, which meet requirements respectively, the numbers 2 and 3 of article 213 of the consolidated text of the General Law on Social Security, approved by Royal Decree legislative 1/1994 of 20 June.
3. very serious: non-application, or deviation in the implementation of aid, in general, of promotion of employment received by workers.
SECTION 4 offences relating to companies of temporary work business users article 18. Infringements of the temporary work companies.
1 minor offences: to) ignore, on terms to be determined by regulation, contracts referred to in article 10 of the Act 14/1994 of 1 June, which regulates temporary work companies and contracts for the provision.
(b) not include identification such as temporary employment business and the approval number in advertising their activities or jobs.
(c) does not deliver to the user enterprise basic copy of the employment contract or the order of service of the workers placed at the disposal of the same; as well as the remaining documentation that is obligated to provide.
2. serious offences:
(a) not formalize written employment contracts or contracts for provision under the Act that regulates temporary work companies.
(b) does not refer to the competent labour authority, under the terms established by law, the information to that referred to in article 5 of the law which regulates temporary work companies, or not to communicate the annual update of the financial guarantee.
(c) formalize contracts making available for cases other than those provided for in paragraph 2 of article 6 of the law which regulates the companies of temporary work, or for the coverage of jobs to receive previously mandatory risk assessment.
(d) do not allocate the quantities referred to in article 12(2) of the law which regulates temporary work companies training of temporary workers.
(e) charging workers any amount of selection, training or recruitment.
(f) the making available of workers in geographical areas for which there is no administrative authorization of activity, except as provided in paragraph 3 of article 5 of the law which regulates temporary work companies.
3 very serious infringements: to) does not update the value of the financial guarantee, if an indefinite administrative authorization was obtained.
(b) formalizing contracts of provision for the realization of activities and work which, by its special danger to health or safety are determined according to the rules.
(c) does not devote himself exclusively to the constitutive activity of the temporary employment business.
(d) the forgery or concealment of information provided to the labour authority on its activities.
(e) assign workers with a temporary contract to another company of temporary work or to other companies for their subsequent transfer to third parties.
Article 19. Infringements of business users.
1 are minor offences: to) ignore, in terms that statutorily is determined, the contract provision.
(b) not provide data concerning the total compensation established in the collective bargaining agreement for the job in question, for the purposes of its appropriation in the contract provision.
2 are serious breaches: to) not formalized in writing the contract provision.
(b) formalizing contracts making available for cases other than those provided for in paragraph 2 of article 6 of the law which regulates the companies of temporary work, or for the coverage of jobs to receive previously mandatory risk assessment.
(c) the actions or omissions that prevent the exercise by workers placed at its disposal of the rights established in article 17 of the law which regulates temporary work companies.
(d) the lack of information to the temporary worker in the terms provided for in article 16(1) of the law which regulates temporary work companies, and in the regulations of occupational risk prevention.
(e) conclude contracts of provision for the coverage of positions or functions which, in the previous 12 months, have been subject to depreciation for unfair dismissal, collective or causes dismissal objective, or to cover positions that in the eighteen months before had been already covered by more than thirteen and a half months, either continuous or discontinuous by workers jobs available for temporary employment, understanding in both cases committed an infringement by each worker concerned.
3 are very serious breaches: to) the entrepreneur acts prejudicial to the right to strike, consisting of the replacement of striking workers by others placed at its disposal by a temporary employment company.
(b) the formalization of contracts of making available for carrying out those activities and work which by its special danger to health or safety are determined according to the rules, understanding committed an infringement by each contract in such circumstances.
Chapter III infringements of Social Security article 20. Concept.
1 are offences in the field of Social Security the actions and omissions of the different responsible subjects referred to in article 2(2) of the present law, contrary to the statutory and regulatory provisions governing the Social security system, classified and punished as such in the present law.
2. for the purposes of this Act are assimilated to offences and penalties in the field of Social Security produced with respect to other quotes that raise the Social security system.
SECTION 1 offences of entrepreneurs, self-employed own and similar article 21. Minor offences.
They are minor offences: 1. not keep, for five years, the documents or records or computer storage media that has been transmitted corresponding particulars showing the fulfillment of the obligations of membership, high, low, or variations which, in his case, occur in relation to these matters, as well as the contribution documents and receipts supporting the payment of wages and the payment of benefits.
2. do not expose, instead highlighted the center of work, or not put at the disposal of workers, within the month following which appropriate entry fees, the copy of the document of quote or copy authorised or, in your case, do not provide the documentation alluded to of works councils and personnel delegates.
3. not communicate in time and form the casualties of workers who cease in service to the company, as well as other variations affecting les.
4. do not facilitate corresponding entities data, certifications and declarations that are required to provide, or ignore them, or enter them incorrectly.
5. not to communicate to the respondent any change in the documents of association or accession for the contingencies of accidents at work and occupational diseases coverage.
Article 22. Grave breaches.
They are serious violations: 1. start your activity without having requested his registration in Social Security; not to communicate openness and cessation of activity of workplaces for the purpose of identification; and changes in data or other obligations established by regulation in the field of registration of companies and identification of work centers.
2. do not request, in time and form, initial membership or registration of workers entering its service, whereas an infringement by each of the workers affected.
3. not available on the work center or not be in order and the day the book of registration of personnel or, where appropriate, documentation system whose use had been authorised to replace the book.
4. do not introduce, on regulatory period, the contribution documents when quotas not be entering the same or have requested postponement of payment; and non-transmission or non-placement of data contribution by the obligors or welcomed the use of presentation by computer means electronic or telematic systems.
5. do not enter, in shape to run from, than corresponding quotas by all concepts collects the Social security system, or not be income in the proper amount, provided that the lack of income not attributed to an extraordinary situation of the company and has been made the presentation referred to in the previous number.
6. breach the economic obligations of their compulsory cooperation in the management of Social Security.
7 formalize the protection for industrial accidents and occupational diseases, and in your case the temporary disability of the personnel at your service in a distinct entity which legally corresponds.
8. do not deliver the worker, in time and form, company certificate and how many documents are necessary for the application and processing of any benefits.
9. do not request workers self-employed, on time, high or initial membership in the corresponding special scheme of Social security when failure to generate non-payment of the contribution that corresponds.
10. do not pay corresponding entities satisfied by these benefits workers when the company had been declared responsible for the obligation.
11 not to proceed in time and amount with the Executive payment of benefits that apply.
12 get or unduly enjoy reductions or bonuses in the payment of social contributions corresponding, understanding produced an infringement by each worker concerned.
Article 23. Very serious offences.
1 are very serious breaches: to) give occupation as workers to beneficiaries or seekers of pensions or other benefits perio dicas Social Security, whose enjoyment may be incompatible with self-employed work, when not have given high Social Security prior to the beginning of its activity.
(b) retain improperly, not entering it within the time limit, the part of discounted insurance fee to their workers, or making discounts, not entering them, exceeding the legally established.
(c) the distortion of documents so that workers get or enjoy benefits, as well as the collusion with employees or other beneficiaries to obtain undue benefits or higher which may be applicable in each case, or to evade the fulfilment of obligations matching any of them in terms of benefits fraudulently.
d) negotiate with workers individually or collectively the obligation on the part of pay wholly or partly the premium or part of assessments carried out by the employer, either his resignation to the rights conferred on them by the Social security system.
(e) unduly increase the worker's contribution base in such a way that it causes an increase in benefits that apply, as well as the simulation of recruitment to obtain undue benefits.
(f) make statements or provide false or inaccurate data on the contribution documents resulting in fraudulent deductions in contributions to meet Social Security.
(g) does not provide the appropriate public body, on time, the identifying information of holders of social economic benefits, as well as, as soon as they conclude or determine eligibility for them, those of the beneficiaries, spouses and other members of the family unit, or those of their amounts, class of benefits and effects of their grant date.
2. in the case of very serious offences, means that the entrepreneur incurs a violation by one of the workers who have obtained or fraudulent means to enjoy Social Security benefits.
The offences set out in paragraphs to), c) and e) above entrepreneur jointly and severally liable for the refund of amounts wrongly received by the worker.
Employers who hire or subcontract the performance of works or services corresponding to the activity itself, will respond jointly and severally for infringements as referred in paragraph 1 above, committed by the entrepreneur contractor or subcontractor throughout the period of validity of the contract.
3. violations of this article, in addition to the penalties that apply by application of Chapter VI, will result in the accessory penalties provided for in article 46 of this law.
SECTION 2 infringement of workers or ASSIMILATED, beneficiaries and applicants of benefits article 24. Minor offences.
They are minor offences: 1. not to provide to the respondent or to the company, when the information necessary for its membership or its high Social Security and, where appropriate, are required him, alterations that occur in the situation of moonlighting, and, in general, breach of the duties of an informative nature.
2. do not appear, prior requirement, before the managing body of the benefits in the manner and date to be determined, except for just cause.
Article 25. Grave breaches.
They are serious violations: 1. performed by or self-employed while collecting benefits, where there is legal or regulations established incompatibility, without prejudice to the provisions of paragraph 2 of the following article.
2 do not appear, except for just cause, to the medical examinations ordered by managers or partners, authorities in so-called thus established, as well as not present to the same history, supporting or data that are not received in the State, when to do so required and affect the right to continuity in the perception of the provision.
3. do not communicate, except for just cause, casualties in benefits in the timing that is determining situations of suspension or termination of the right, or when you no longer qualify for the right to their perception when for any of these reasons has received unduly benefit.
Article 26. Very serious offences.
They are very serious infringements: 1. acting fraudulently in order to obtain undue benefits or superiors to which they relate, or unduly prolong their enjoyment by providing data or false documents; the simulation of the employment relationship; and the omission of legally binding statements or other breaches that may lead to fraudulent perceptions.
2 compatible the perceive of benefits or subsidized unemployment with work by account or self-employed, except for part time work in the terms provided for in the relevant regulations. In the case of unemployment of agricultural workers any subsidy, means that the worker has juggled the perceive of the provision with the work by employed or self-employed person when the days worked they have not been declared in the manner provided in your application-specific legislation.
3. the collusion with the employer for wrongful obtaining of any Social Security benefits.
SECTION 3 violations of the mutual of accidents and diseases security professionals SOCIAL article 27. Minor offences.
Minor offences are: 1. does not comply with formal obligations relating to diligence, referral, and conservation of books, records, documents and relations of workers, as well as the statistical bulletins.
2 breach formal obligations on registration, registration and preservation of documents and certificates relating to mandatory medical examinations.
3. not refer to competent, within the time limit and completed, agency reports of accidents at work are of mild character.
4. do not inform employers, partners, workers and staff representative bodies, and people showing an interest in personal and direct data to them regarding that in the entity.
Article 28. Grave breaches.
They are serious violations: 1. not carry the day and in a standardized form binding books, as well as the official books of accounting or accounting system authorized, in accordance with the accounting and budgetary rules of the Social security plan.
2 accept the Association of companies not included in the territorial or functional area of the organization without being authorized; not to accept any proposition of association which formulate the companies falling within its scope; conclude agreements of Association of more than a year; and failing to protect all workers in an associate to work centres located in the same province.
3. failure to observe the rules relating to the designation and use, and the establishment and functioning of its organs of Government and participation.
4. do not refer to the competent, within the time limit and completed body, the parts of industrial accidents and occupational disease, when they are serious, very serious nature or result in the worker's death.
5. failure to comply the regulations established regarding Constitution and amount in respect of bail, administration expenses, reserves, as well as the lack of referral deadline to the competent body of the annual balance, memory and income statement, and budget revenue and expenditure duly approved and manufactured.
6 do not provide to the competent authority and, in any case, common services and management entities, how much data request in terms of collaboration, or coordinate the performance of the entity with those bodies and with the competent administrations in the management of social services or other matters in which work together the mutual of accidents of work and occupational diseases as well as the refusal to issue certificates of the cessation of the Association to associated employers.
7 publicise or publicly disseminate information and data concerning its performance, without the prior authorisation of the superior body of surveillance and supervision, when it is required.
8. do not request in time and form established mandatory authorizations in the field of investments, contracting with third parties, revaluation of assets and updating of balances, and any others in financial economic matters that so require the provisions in force.
Article 29. Very serious offences.
They are very serious infringements: 1. carry out operations other than those that must limit their activity or insert in treaties of Association who oppose Social security rules and conditions that regulate the collaboration in the management of the mutual of accidents of work and occupational diseases.
2. do not contribute to the extent that proceed to the economic sustainability of the common Social security services and does not comply with the obligations that apply in respect of reinsurance and the established system of compensation for results.
3. apply headings premium rate or, where applicable, additional proceeding, other than which are perceptually mandatory, according to the activities and work of each company, as well as promote or obtain the entry of equivalent amounts or substitute from the contributions of Social security by different regulatory procedures.
4 arrange, use or establish health services, prevention of accidents, recovery or rehabilitation themselves or third parties, without the prior authorisation of the competent authority.
5 require the associated companies, to agree the Association, the entry of amounts exceeding the amount paid in advance for a quarter of the corresponding fees guarantee, or require such income more than once.
6 exercise collaboration with non-profit management; not strictly apply heritage to the social purpose of the entity; distribute profits among the partners, regardless of their nature; affect the annual surpluses to purposes other than regulatory; continue in the practice of collaboration when majeure compulsory dissolution without notify the competent organ; not differentiate between activities such as prevention services, and not impute to them the costs of such activities.
7 breaking the regime of incompatibilities and prohibitions laid down in article 75 of the consolidated text of the General Social Security Act.
SECTION 4 violations of companies that voluntarily collaborate on management article 30. Minor offences.
They are minor offences: 1. not to carry the statutorily required documentation in order and up to date.
2. not realising, semi-annually, to the works Committee of the application of the sums received on the exercise of the collaboration.
Article 31. Grave breaches.
They are serious violations: 1. do not maintain own sanitary facilities in the conditions required for the provision of assistance.
2. do not coordinate the provision of health care with the health services of the Social Security.
3 provide health care with non-personnel services of Social Security, unless authorization to the effect.
4 grant benefits in time, amount or form other than those established by law.
5. do not enter the contributions established for the support of common services.
6. not carry a specific account covering all operations relating to the collaboration in their accounting.
Article 32. Very serious offences.
They are very serious infringements: 1. exercise the functions of the object of the collaboration without permission.
2 continue the exercise from the partnership after the loss of the minimum requirements.
3 allocate surpluses of collaboration purposes other than improving the performance.
4. do not apply for the exclusive purposes of collaboration, including the improvement of performance, the regulatory fee deducted amounts.
Chapter IV infringements of emigration, migration and work of foreigners section violations in matter of EMIGRATION and movements migratory internal article 33 1. Concept.
Infringements of emigration and labour migratory movements are the acts or omissions of subjects to those referred to in article 2.4 typified and penalized in accordance with this law.
Article 34. Minor offences.
They are minor offences: 1. modification of the terms of the offer to emigrate, once official authorization, if it does not cause serious prejudice to the emigrants.
2. do not submit contracts of employment for your visa by the labour authority, or not to surrender to the worker the copy of the contract and visa.
3. the failure of the discounts established for the transport of emigrants.
Article 35. Grave breaches.
They are serious violations: 1. the dissemination by any means job for abroad without obtaining the required administrative authorization.
2. the modification of the terms of the offer to emigrate, once official authorization, if it causes serious prejudice to the emigrants.
3. the concealment, falsification or rectification of substantive clauses of a contract already endorsed.
4. the displacement of the worker to the host country without documentation or the unjustified withholding by the company of such documentation.
5. the recruitment of Spanish sailors on behalf of foreign shipowner companies carried out by persons or entities not authorized by the labour authorities to perform this task.
Article 36. Very serious offences.
They are very serious infringements: 1. the establishment of any kind of recruitment of migrant Agency.
2. the simulation or deception in recruitment or hiring migrants.
3. the abandonment of migrant workers in foreign country by the contracting employer or their authorized representatives.
4. the charging of Commission or price workers by recruitment.
5. the fraudulent obtaining of emigration and internal migration AIDS, whether they are individual or family reunification, or the non-implementation or improper application of such aid.
SECTION 2 infringements of article 37 foreigners work permits. Infractions.
They will be considered constitutive behaviour of very serious infringement the of: 1. employers using foreign workers without having obtained prior mandatory work permit or its renewal, incurring a violation by one of the foreign workers who have occupied.
2. the foreigners who exercise in Spain any lucrative, labour or professional activity on their own, without obtaining the required work permit, or have not renewed.
3. those of the natural or legal persons who promote, medien, or cover the work of foreigners in Spain without the required work permit.
Chapter V infringements of article 38 cooperative societies. Infringements of cooperatives.
Are they subjected to the requirements of this article, breaches of cooperative societies, when the autonomous legislation refer in this regard to the laws of the State, when there has been regional legislation concerned or those to develop its activity cooperativizada on the territory of several autonomous communities, in accordance with the provisions of the law 27/1999 of 16 July , of cooperatives.
1 are minor offences: breach of obligations or violations of the prohibitions imposed by the law of cooperatives, which do not pose a conflict, do not disrupt the social activity and can not be described as serious or very serious.
2 are serious breaches: to) not to convene the ordinary General Assembly in time and form.
(b) breach the obligation to sign acts that must necessarily access the registry.
(c) not make allocations in the terms legally established, the required funds or use them for purposes other than those provided for.
(d) the lack of audit of accounts, as it is compulsory, legal or bylaws.
(e) breach, in his case, the obligation to deposit the annual accounts.
(f) widespread violation of the rights of the members.
3 are very serious breaches: to) the cessation of cooperativizada activity or inactivity of the social organs for two years.
(b) the violation of the provisions mandatory or prohibitive of the Cooperatives Act, where collusion for profit or fictitiously for subsidies or tax credits.
Chapter VI liabilities and sanctions section 1 rules General on sanctions to the businessmen, and in GENERAL, to other subjects that do not have the status of workers or ASSIMILATED article 39. Criteria of graduation of sanctions.
1. sanctions for violations typified in the preceding articles may be imposed in the degrees of minimum, medium and maximum, according to the criteria set out in the following paragraphs.
2 qualified offences, in the manner provided by this law, the sanctions will graduate in attention to negligence and intent of the violator subject, fraud or collusion, failure to comply with inspection requirements, and previous warnings turnover of the company, number of employees or beneficiaries affected in its case, damage caused and disappointed many, as circumstances which can aggravate or attenuate the graduation to apply to the offence committed.
3 the penalties for infringements in the field of prevention of occupational hazards, for the purposes of graduation, shall take into account the following criteria: a) the endangerment of the activities developed in the company or workplace.
(b) the permanent or transitional nature of the risks inherent in such activities.
(c) the severity of the damage caused or that they had been able to occur by the absence or deficiency of the necessary preventive measures.
(d) the number of workers affected.
(e) the individual or collective protection measures taken by the entrepreneur and the instructions given by this in order to prevent risks.
(f) the non-compliance with warnings or previous requirements of the Inspectorate of labour and Social Security.
(g) the failure to comply with the proposals made by the prevention services, prevention delegates or the safety and Health Committee of the company for the correction of existing legal deficiencies.
(h) the general conduct followed by the employer in order to strict observance of the rules on prevention of occupational risks.
4. infringements in the field of cooperative societies will graduate, for the purpose of its corresponding sanction, according to the number of affected partners, social impact, malice or falsehood and economic capacity of the cooperative.
5. the criteria of graduation issues should not be used to aggravate or attenuate the offence when they are contained in the description of the offending conduct or form part of the own unlawful administrative.
6. the minutes of the Inspectorate of labour and Social security that initiates the disciplinary record and the administrative decision falling, must explain the criteria for graduation from the sanction taken into account, from among those listed in the previous paragraphs of this article. When not deemed relevant for these purposes any of the circumstances listed in those paragraphs, the sanction will be imposed minimum degree in its lower section.
7 is it sanctioned in the maximum rating that matches any infraction consisting of the persistence of his Commission.
Article 40. Amount of the sanctions.
1 infringements in the field of labour relations and employment, in terms of Social Security, without prejudice to the provisions of paragraph 3 below, in terms of emigration, migration and foreigners work, as well as infringements by obstruction will be sanctioned: to) the mild, in its minimum degree, with a fine of 5,000 to 10,000 pesetas; in its mid-grade, 10.001 to 25,000 pesetas; and to their maximum extent, 25.001 to 50,000 pesetas.
b) the serious fine, in its minimum degree of 50.001 to 100,000 pesetas; in its middle, 100.001 to 250,000 pesetas grade; and at its maximum extent, from 250.001 to 500,000 pesetas.
(c) the very serious fine, in its minimum degree of 500.001 to 2,000,000 pesetas; in its middle from 2.000.001 to 8,000,000 pesetas grade; and at its maximum extent, from 8.000.001 to 15,000,000 pesetas.
2 infringements in the area of occupational risk prevention will be sanctioned: to) the mild, in its minimum degree, with a fine of 5,000 to 50,000 pesetas; in its mid-grade 50.001 to 100,000 pesetas; and at its maximum extent, from 100.001 to 250,000 pesetas.
b) the serious, with fine, in its minimum degree of 250.001 to 1,000,000 pesetas; in its middle, limit amounts 1,000,001 to 2,500,000 pesetas grade; and at its maximum extent, from 2.500.001 to 5,000,000 pesetas.
(c) the very serious penalty, to its minimum extent 5.000.001 to 20,000,000 pesetas; in your average degree of 20.000.001 to 50,000,000 pesetas; and in its maximum 50.000.001 to 100,000,000 pesetas.
Penalties imposed for very serious offences, once firm, will be made public in the form determined by law.
Infringements, for serious and very serious misconduct of specialized entities that act as prevention services outside companies, persons or entities that develop the audit activity of the system of prevention of enterprises and accredited entities to develop and certify the training in occupational risk prevention, may lead , in addition to the fines provided for in this article, to the cancellation of the accreditation granted by the labour authority.
3. sanctions in the field of Social security when they derive from acts of infringement and payment that relates to the same acts and is practicing at the same time, will be reduced automatically to 50 per 100 of the amount if the offending subject expresses its compliance with the settlement practiced, by entering the amount in the coming term.
4 breaches of cooperative will be sanctioned: to) the mild, with a fine of 50,000 to 100,000 pesetas.
b) the serious, with fine from 100.001 to 500.000 pesetas.
(c) the very serious, with a fine of 5,000,000 500.001 to pesetas, or disqualification.
Article 41. Recidivism.
1 there is recidivism when it commits an infringement of the same type and rating to which motivated a previous sanction in the term of 365 days following teas to the notification in such event will require that the sanction resolution acquired firmness.
2 If appreciated recidivism, the amount of the penalties listed in the previous article can increase up to the double of the extent of the sanction for the offence committed, but shall not exceed, in any case, the maximum amounts provided for in article for every kind of violation.
3. the recidivism of the temporary employment business in the Commission of offences classified as serious under this law may give rise to the suspension of their activities for a year.
When the disciplinary record with the proposal of suspension of activities, shall be competent to resolve the Minister of labour and Social Affairs or the equivalent authority of the autonomous communities with competence of implementation of labour legislation.
Expiry of the period of suspension, the temporary employment business shall again request administrative authorization that enable him to the exercise of the activity.
SPECIFIC rules subsection 2: 1st business responsibilities labour and prevention of risks at work article 42. Corporate responsibility.
1 violations of the provisions of articles 42 to 44 of the Statute of workers will determine the responsibility of businessmen affected in the established terms.
2. responsibilities between temporary work and business users in wage matters shall be governed by provisions of article 16.3 of law 14 / 1994 of 1 June, which regulates temporary work companies.
3. the main company will respond jointly and severally with contractors and subcontractors, referred to in paragraph 3 of article 24 of the law of prevention of occupational risks of compliance, during the period of the contract, of the obligations imposed by this Act in relation to workers who occupy those in workplaces of the main company provided that the infringement has occurred in the work of the main entrepreneur Center.
In working through temporary employment relationships, and without prejudice to the responsibilities of these, the user enterprise will be responsible for the conditions of execution of the work in everything related to the protection of the safety and health of workers, as well as the charge of economic benefits of the Social security system which may be attached in case of accident at work or occupational disease that take place in their workplace during the time of validity of the contract of provision and bring his cause of lack of safety and hygiene measures.
4. the correction of infringements in the field of prevention of occupational risks in the field of public administration is subject to the procedure and rules for the implementation of article 45.1 and concordant of law 31/1995 of 8 November, de Prevención de Riesgos Laborales.
5. the statement of facts containing a judgment of the administrative court order, concerning infringement of occupational hazard prevention regulations, be linked to the social order of jurisdiction, in what refers to the surcharge, if any, of the benefit of the Social security system.
Subsection 2 responsibilities in matters of Social Security article 43. Business responsibilities.
1. the penalties which may be imposed are responsible for different subjects, shall not affect the other enforceable responsibilities to them, in accordance with the precepts of the General Social Security Act and its provisions on application and development.
2. responsibilities between temporary work and business users in the field of Social Security shall be governed by the provisions of article 16.3 of law 14/1994 of 1 June, which regulates temporary work companies.
Article 44. Mutual of accidents and professional illnesses of the Social Security.
1. the Secretariat of State for Social Security, or the corresponding body of Government of the autonomous communities, depending on their respective competence in order to the imposition of sanctions, and whenever the circumstances that occur concurrently in the infringement thus do so, may agree, a proposal inspection of labour and Social Security, the application to the mutual of work accidents and professional illnesses of the Social security measures following is They point out, regardless of the penalties which may be imposed to them in accordance with the provisions in article 40.1.
(a) the temporary intervention of the entity, qualified as serious infringements.
(b) the removal of its governing bodies, together with the temporary intervention of the entity, or the cessation of those in the collaboration, described as very serious infringements.
2. If promoters entrepreneurs of a mutual of accidents of work and professional illnesses of the Social Security undertake any act on behalf of the entity before its Constitution has been authorized by the competent public administration body and while it appears registered in the corresponding register, or when any formality that deprives you of existence in law and personality in their legal dealings with third parties which in good faith contract with that mutual will have no action against this, but yes against the promoters. In this case, the promoters for such acts liability shall be unlimited and solidarity. In such cases, promoters businessmen from the mutual of accidents of work and professional illnesses of the Social Security will be responsible for subjects also infringements included in section 3 of chapter III of this law.
Article 45. Sanctions to employers who cooperate voluntarily in the management.
Regardless of the sanctions that apply according to article 40.1, and always that the circumstances of the case require it, for the benefit of the correction of deficiencies observed in the high proposed to the governing body responsible for the surveillance, direction and supervision of Social Security, may be applied, in addition, the following penalties: 1. Temporary Suspension of the authorisation to work for period of up to five years.
2. final withdrawal of the authorization to collaborate with the loss of the status of collaborating.
Subsection 3rd accessory sanctions to employers of employment, aid for promotion of employment, occupational training and unemployment article 46 protection. Accessory penalties on employers.
Without prejudice to the sanctions referred to in article 40.1, employers who have committed offences very serious respect in articles 16 and 23 of this law in the field of employment and unemployment protection: 1. will automatically lose subsidies, bonuses and, in general, the benefits derived from the implementation of employment programmes, with effect from the date on which the offence was committed.
2 may be excluded from access to such benefits for a maximum period of one year.
3. in the cases referred to in paragraphs 3 and 4 of article 16, are obliged, in any case, to a refund of the amounts improperly obtained and those not applied or applied incorrectly.
Subsection 4 penalties to employees, applicants and beneficiaries in the field of employment and Social Security article 47. Sanctions against employees, applicants and beneficiaries.
1 the infractions will be sanctioned: to) the mild, with loss of the provision, subsidy and pension for a month.
b) the serious respect in article 25 with loss of the benefit or pension for a period of three months, but of its number 3 in benefits and allowances by unemployment that the sanction will be providing suppression. The alamani in paragraph 2 of article 17 and the relapse in the light of articles 24.2 and 17.1 severe will be sanctioned with the extinction of the benefit or allowance for unemployment.
Also, you void the registration as unemployed, with loss of rights as a job seeker had recognized, those guilty of offences in the field of employment, vocational training, aid for promotion of employment, and benefits and unemployment subsidy.
(c) the very serious, with loss of pension for a period of six months or extinction of the benefit or subsidy.
Equally is may exclude them from eligibility for any economic benefits and, where appropriate, assistance for promotion of employment for a year.
2. the penalties referred to in this article are understood without prejudice to the reinstatement of the amounts improperly perceived.
3. for the purposes of recidivism, it shall apply provisions of article 41.1 of the Act.
4. Notwithstanding previous sanctions, in the event of the violation of obligations affecting compliance and conservation requirements which give right to the provision, may the managing body suspend provisionally, until the administrative decision is final.
5. the imposition of sanctions for the offences provided for in this subsection will take effect as laid down in article 48.5 of this Act, respecting the respective competence of the sanctioning body, and establishing the necessary cooperation for the execution of the imposed sanction, when it corresponds to the competence of other organs.
Chapter VII provisions common article 48. Attribution of criminal powers.
1 competition to punish offences in the social order, in the scope of the General Administration of the State, corresponds, on the proposal of the Inspectorate of labour and Social Security, to the competent authority at the provincial level, up to 1,000,000 pesetas; the Director General competent to 5,000,000 pesetas; the Minister of labour and Social Affairs, up to 10,000,000 pesetas; and the Council of Ministers, on the proposal of the labour and Social Affairs, to 15,000,000 pesetas.
2. in the field of competence of the General Administration of the State, offences in the field of prevention of occupational risks shall be punished, a proposal from the Inspectorate of labour and Social Security, by the competent authority at the provincial level, up to 5,000,000 pesetas; by the Director-general competent to 15,000,000 pesetas; by the Minister of labour and Social Affairs, up to 50,000,000 pesetas; and by the Council of Ministers, on a proposal from the labour and Social Affairs, up to 100,000,000 pesetas.
3. infringements of cooperative typified in this law shall be punished, a proposal from the Inspectorate of labour and Social Security, by the governing body of which depend on the recording of cooperative societies, to 1,000,000 pesetas and by the Minister of labour and Social Affairs, up to 5,000,000 pesetas and disqualification.
4. the imposition of sanctions for breaches of mild and serious workers, in terms of employment, vocational training, support for the promotion of employment, Social Security and unemployment protection, corresponds to the entity manager of Social security or public body of competent placement; from the very serious to the competent authority, on a proposal from the Inspectorate of labour and Social Security.
When the imposed sanction consist of temporary or permanent loss of the provision by unemployment, the competent authority which imposed the sanction will transfer to the managing body of that benefit from effects to your application.
5. the exercise of the powers to impose penalties on infringements of the social order, where applicable to the administration of the autonomous communities with competence in the field of implementation of legislation in the social order, shall be exercised by the bodies and the limits of distribution determined by each autonomous community.
6. the attribution of powers referred to in the preceding paragraphs does not affect the exercise of the powers to impose penalties that may correspond to other administrations on the basis of the powers that are attributed.
7. in cases of accumulation of offences corresponding to the same subject-matter in a single procedure, shall be competent body to impose the sanction by the totality of such infringements, that it is to impose the higher amount, in accordance with the allocation of punitive powers carried out in the preceding paragraphs.
8. the power to agree the accessory penalties provided in this law shall correspond to who holds it to impose the main character that caused those.
Article 49. Performances of warning and recommendation.
However the provisions of the preceding article, the Inspectorate of labour and Social Security, in accordance with the provisions of the articles 17.2 of Convention 81 of the ILO and the ILO Convention 129 22.2, ratified by the State of Spanish instruments of 14 January 1960 and March 11, 1971, respectively, when the circumstances of the case so warrant, and whenever arising not damages or direct damages to workers You can warn and advise, rather than initiate a sanctions procedure; in these cases it will give account of their performances to the competent labour authority.
Article 50. Infractions by obstruction to the work of the Inspector.
1. violations by obstruction to the work of the Inspector are graded as mild, severe and very severe, in view of the nature of the duty to collaborate infringed and of the entity and consequences of the action or omission obstructive on the performance of the Inspectorate of labour and Social Security, as described in the following numbers.
2. the acts or omissions that interfere with, delay or prevent the exercise of the functions which, in order to monitor compliance with the provisions of laws, regulations and collective agreements labour and Social Security inspectors and Subinspectors of employment and Social Security, have assigned will be constituent of obstruction to the work of Inspector will qualify as serious except for the cases covered by paragraphs 3 and 4 of this article.
3 are minor offences: to) that involve a mere delay in the fulfillment of the obligations of information, communication or attendance, unless those obligations are referred to documents or information that you need to act or provided in the workplace and are required in the course of an inspection visit.
(b) the lack of the book of visits of the inspection of labour and Social Security in the workplace.
4 will qualify as very serious infringements: a) the acts or omissions of the employer, its agents, or people of its organizational scope, designed to prevent the entry or stay in the Centre of the work of the inspectors of labour and Social Security and the Subinspectors of employment and Social Security, as well as the refusal to identify themselves or to identify or give reason for its presence on the persons who are in the Center doing any activity.
(b) cases of coercion, threat or violence against labour and Social Security inspectors and Subinspectors of employment and Social security as well as the reiteration in obstruction behaviour qualified as serious.
(c) failure to comply with the duties of collaboration with the officials of the labour inspection and Social security system in the terms established in article 11.2 of the law ordering the inspection of labour and Social Security.
5. obstructions to the Inspector performance will be penalized in accordance with provisions of this law, by the competent authority in each case on the basis of the material order of actions that bring cause or derived obstruction.
6. Notwithstanding the foregoing, if necessary the Inspectorate of labour and Social Security may request the competent authority or its agents timely relief for the normal performance of their duties.
Chapter VIII sanctioning procedure article 51. Applicable regulations.
1 corresponds to the Government dictate the rules of special procedure for the imposition of sanctions on the social agenda.
2 the procedure penalties, common to all the public administrations, shall be adjusted as provided in this law and in the additional fourth provision of the law 42/1997, of 14 November, ordering the inspection of labour and Social Security, being subsidiary application of the provisions of law 30/1992, of 26 November, which regulates the legal regime of public administrations and common administrative procedure.
Article 52. Principles of processing.
1 the procedure shall follow the following procedures: to) will start, always ex officio, by the Inspectorate of labour and Social Security Act, by virtue of popular ex-officio actions, on its own initiative or by complaint, or at the request of the person concerned.
(b) the Act shall be notified by the aforementioned inspection to the subject or subjects responsible, which shall have a period of fifteen days to formulate allegations that it deems appropriate in defense of their right, to the authority competent to issue resolution.
c) after the stated period and previous the diligence, if allegations have been made will be new audience interested parties by eight days, always practiced proceedings it transpires from the existence of facts other than those incorporated in the Act.
(d) in view of the proceedings, by the competent body will dictate the appropriate resolution.
2. the procedure for the imposition of sanctions by mild and serious, offences referred to in article 48.5 of this law, will start ex officio by the respective entity or communication of the Inspectorate of labour and Social Security; the entity or the corresponding body of the autonomous community shall notify charges to the applicant giving audience, all subject to the procedure established by law.
Article 53. Content of records and initiator record documents.
1 the acts of infringement of the labour and Social Security Inspectorate, will reflect: to) actions performed by the labour and Social Security Inspector or Deputy Inspector of employment and Social Security, acting, which gave rise to the Act, highlighting the relevant for purposes of the determination and classification of the violation and the graduation of the sanction.
(b) the infringement that imputing, with expression of the violated obligation.
(c) the qualification of the offence, in his case the graduation of the sanction, the sanction proposal and its quantification.
(d) in cases there is possible solidarity responsible, shall be recorded in such circumstances, the legal foundation of that responsibility and the same data required for the upstream maintainer.
2. the actions performed by concerned officials of the Inspectorate of labour and Social security which is formalized in infringement proceedings observing the requirements set forth in the preceding paragraph, shall have presumption of certainty, notwithstanding evidence in defense of the respective rights and interests concerned to contribute.
The same probative value is attributed to the facts outlined in reports issued by the Inspectorate of labour and Social Security, in the specific cases referred to in the law ordering the inspection of consequential to checks carried out by the same, without prejudice to its contradiction in the way stakeholders that determine the procedural rules applicable by labour and Social Security.
3. the records of payment of Social insurance contributions and the proceedings of violation in this area, when they refer to the same facts, is practiced simultaneously by the Inspectorate of labour and Social Security and will be processed in accordance with the procedure laid down in the corresponding regulations.
4 documents beginning of disciplinary proceedings by the management entities or corresponding services of the autonomous communities, informs the interested acts or omissions that are them charged, the offence allegedly committed, its rating and the sanction proposal, with expression of the term so that they can make declarations alegaciones.
Article 54. Resources.
Administrative and jurisdictional resources legally proceeding may be brought against resolutions relapses recovery in the proceedings.
First additional provision. Update of the amount of the sanctions.
The amount of the penalties laid down in article 40 of this law may be updated periodically by the Government, on the proposal of the Minister of labour and Social Affairs, taking into account the variation of consumer price indices.
Second additional provision. Body Superior of labour and Social Security inspectors.
The third additional provision of law 8/1988, of 7 April, in its current drafting, will be repealed in each autonomous territory when the respective agreement is reached with each Autonomous Community referred to in article 17 of the law 42/1997, of 14 November, ordering the inspection of labour and Social Security, in accordance with the provisions of paragraph two of its repeal provision.
Sole repeal provision. Repeal legislation.
1 they shall be repealed many provisions of equal or lower rank to oppose provisions in this law.
2 the following provisions are expressly repealed: to) Act 8/1988, of 7 April, on offences and sanctions in the Social order, without prejudice to the provisions of the second additional provision of this law.
(b) of the law of the Statute of workers, consolidated text approved by Royal Legislative Decree 1/1995 of 24 March, title IV, articles 93 to 97.
(c) of law 31/1995, of 8 November, prevention of occupational hazards, paragraphs 2, 4 and 5 of article 42 and articles 45 to 52.
(d) of the Act 14/1994 of 1 June, which regulates the companies of temporary work, chapter V, articles 18 to 21.
(e) of Act 10/1997, of 24 April on rights of information and consultation of employees in undertakings and groups of Community dimension, chapter I of title III, articles 30 to 34.
(f) of the Act 27/1999, 16 July, cooperatives, articles 114 and 115.
(g) the law 45/1999, of 29 November, on the posting of workers in the framework of provision of transnational services, articles 10 to 13.
3. the references contained in the current regulations to the provisions and precepts that are expressly repealed in paragraph to be understood made to this law and the precepts which govern the same subject matter.
Sole final provision. Character of this law.
This law, as well as its regulatory development rules, constitute legislation issued on the basis of article 149.1.2., 7th, 17th and 18th of the Spanish Constitution.