The judgment of the Constitutional Court 195/1996, of 28 November, states that it is for the state legislator to rework Law 8/1988 of 7 April on Infractions and Sanctions in the Social Order, in the interests of the respect and clarification of the constitutional order of powers and for the benefit of legal certainty, which are essential in sanctioning matters.

The legislator, through the additional provision of Law 55/1999, of 29 December, of Tax, Administrative and Social Measures, authorizes the Government to produce, within nine months of its entry into force in force, a recast text of the Law of Infractions and Sanctions in the Social Order, in which they are integrated, duly regularized, clarified and systematized, the various legal provisions that it lists.

In its virtue, on the proposal of the Minister of Labour and Social Affairs, in agreement with the Council of State and after deliberation of the Council of Ministers at its meeting on August 4, 2000,

D I S P O N G O:

Single item.

The recast text of the Law on Violations and Sanctions in the Social Order, which is inserted below, is approved.

Single end disposition. Entry into force.

This Royal Legislative Decree and the recast text it approves will enter into force on 1 January 2001.

Given in Palma de Mallorca to August 4, 2000.

JOHN CARLOS R.

The Minister of Labour and Social Affairs,

JUAN CARLOS APARICIO PÉREZ

RECAST TEXT OF THE LAW ON VIOLATIONS AND SANCTIONS IN THE SOCIAL ORDER

CHAPTER I

General provisions

Article 1. Violations in the social order.

1. The actions or omissions of the various responsible persons established and sanctioned in this Law and in the laws of the social order constitute administrative violations in the social order.

2. Infringements may not be subject to a penalty without prior instruction in the appropriate file, in accordance with the special administrative procedure in this field, on a proposal from the Labour and Social Security Inspectorate, without prejudice to the responsibilities of another order that may be present.

3. The infringements are described as minor, serious and very serious in the light of the nature of the duty infringed and the entity of the right concerned, in accordance with the provisions of this Law.

Article 2. Subjects responsible for the violation.

The natural or legal persons and communities of property that incur the actions or omissions that are classified as an infringement of this Law and, in particular, the following are responsible for the infringement:

1. The employer in the employment relationship.

2. Employers, self-employed persons or persons employed or assimilated, recipients and applicants for the benefits of Social Security, the Mutual Insurance and Occupational Diseases and other collaborating entities in the management, in the the scope of the legal relationship of social security, as well as the entities or undertakings responsible for the management of benefits in respect of their obligations in relation to the Register of Public Social Benefits and other subjects obliged to to provide information of significant social security implications.

3. Employers, employees and, in general, natural or legal persons, in respect of the rules of placement, promotion of employment and occupational and continuing vocational training.

4. Carriers, agents, consignors, representatives, employees and, in general, natural or legal persons involved in migration or migration operations.

5. Employers and self-employed workers in respect of the regulations on work of foreigners.

6. Cooperatives with respect to their worker partners and work partners, in accordance with Law 27/1999, of July 16, of Cooperatives.

7. Placement agencies, temporary work enterprises and user undertakings in respect of the obligations laid down in their specific legislation and in the field of occupational risk prevention, without prejudice to other numbers of this article.

8. Promoters, owners and employees of their own account who fail to comply with the obligations arising out of the regulations on the prevention of occupational risks.

9. Specialised entities acting as non-business prevention services, persons or entities carrying out the audit activity of the prevention system of undertakings and accredited entities for the development and certify training in the field of prevention of occupational risks that fail to comply with the obligations laid down in the legislation on such matters.

10. The natural or legal persons and the communities of goods holding the work centres and undertakings with a Community dimension situated in Spanish territory, in respect of the rights of information and consultation of workers in the terms established in their specific legislation.

11. Employers falling within the scope of the legal regulations governing the posting of workers in the framework of the provision of transnational services, in relation to the working conditions to be guaranteed by them. temporarily posted workers to Spain.

Article 3. Concurrency with the criminal court order.

1. Acts which have been punishable by criminal or administrative punishment may not be sanctioned in cases where the identity of the subject, in fact and in substance, is assessed.

2. In cases where the offences could constitute criminal offences, the Administration shall pass the fault of the fault to the competent judicial body or the Prosecutor's Office and shall refrain from following the sanctioning procedure while the judicial authority does not give a final judgment or decision terminating the proceedings or while the Prosecutor's Office does not communicate the failure to initiate or pursue actions.

3. If the existence of criminal offence has not been estimated, or in the case of a decision of a different kind to terminate the criminal proceedings, the Administration shall continue the criminal case on the basis of the facts which the Courts have considered tested.

4. The communication of both the fault to the judicial organ or the Prosecutor's Office or the initiation of actions by these, will not affect the immediate fulfillment of the measures of stoppage of work adopted in the cases of serious risk and imminent for the safety or health of the worker, to the effectiveness of the requirements for the under-healing formulated, nor to the sanctioning files without direct connection with which they are the subject of the possible judicial proceedings of the order penalty.

Article 4. Limitation of the infringements.

1. The violations in the social order referred to in this Law are prescribed for the three years from the date of the infringement, except for the following numbers.

2. Infringements in the field of social security shall be prescribed at five years, except for those committed by workers and beneficiaries who represent the drawback of the Social Security benefits unduly paid, in which the limitation period will be four years.

3. In the case of prevention of occupational risks, the offences shall be limited to: a year for a minor, at three years of age, and at the age of five years for the very serious offences, which have been counted since the date of the offence.

4. Infringements of the laws of cooperative societies shall be limited to three months; the serious, six months; and the very serious, to the year, counted from the date of the infringement.

CHAPTER II

Labor Violations

Article 5. Concept.

1. The actions or omissions of employers contrary to the laws, regulations and normative clauses of the collective agreements in the field of industrial relations, both individual and collective, are labor infractions. placement, employment, occupational vocational training and temporary work, classified and sanctioned in accordance with this Law. They shall also take account of the other actions or omissions of the persons responsible and in the matters covered by this Chapter.

2. In the case of occupational risk prevention, the actions or omissions of employers, those of entities acting as non-business prevention services, auditing and training in the field of occupational risks, and training in such matters, and (a) to undertakings, as well as those of promoters and owners of works and self-employed persons, who fail to comply with the laws, regulations and regulatory clauses of collective agreements in the field of occupational safety and health subject to liability under this Law.

SECTION 1. VIOLATIONS IN THE FIELD OF INDUSTRIAL RELATIONS

Subsection 1. Infringement On individual and collective labour relations

Article 6. Minor infractions.

These are minor violations:

1. Do not expose the current working calendar to the workplace visible.

2. Do not promptly deliver to the worker the receipt of wages or not to use the applicable, official or agreed wage receipt model.

3. Do not make the work activity control document available to the workers at home.

4. Do not inform the worker in writing about the essential elements of the contract and the main conditions for the performance of the work, in the terms and deadlines laid down in regulation.

5. Any other non-compliance affecting purely formal or documentary obligations.

Article 7. Serious infringements.

These are serious violations:

1. Do not formalize the work contract in writing when this requirement is required or when the worker has requested it.

2. The transgression of the rules on contractual arrangements, fixed-term and temporary contracts, by means of their use in fraud of law or with respect to persons, purposes, assumptions and temporal limits other than those provided for in law, regulentarily, or by collective agreement where such extremes may be determined by collective bargaining.

3. Do not record in the receipt of wages the amounts actually paid to the worker.

4. Failure to comply with the obligations laid down in respect of the processing of finiquito receipts.

5. The transgression of the rules and the legal or action limits in the matter of working time, night work, overtime, breaks, holidays, permits and, in general, the working time referred to in Articles 23 and 34 to 38 of the Royal Legislative Decree 1/1995 of 24 March, approving the recast text of the Law on the Status of Workers.

6. The modification of the substantial working conditions imposed unilaterally by the employer, as laid down in Article 41 of the Staff Regulations.

7. The transgression of the rights of information, hearing and consultation of the representatives of the workers and the union delegates, in the terms in which they are legally or conventionally established.

8. The infringement of the rights of workers ' representatives and of the trade union sections in the field of credit for paid and local hours suitable for the development of their activities, as well as of bulletin boards, in the terms in which they are legally or conventionally established.

9. The violation of the rights of the trade union sections in order to collect, distribute and receive union information, in the terms in which they are legally or conventionally established.

10. To establish working conditions lower than those established legally or by collective agreement, as well as acts or omissions which are contrary to the rights of workers recognized in Article 4 of the Law on the Statute of the Workers, unless their qualification is considered to be very serious, in accordance with the following Article.

Article 8. Very serious infringements.

These are very serious violations:

1. Non-payment and repeated delays in the payment of the due salary.

2. The assignment of workers in the terms prohibited by the current legislation.

3. The closure of an undertaking or the cessation of activities, temporary or final, carried out without the authorization of the labour authority, if required.

4. The transgression of the rules on work of minors covered by labour law.

5. Actions or omissions that prevent the exercise of the right of assembly of workers, their representatives and trade union sections, in terms of legal or conventionally established terms.

6. The violation of the right of assistance and access to the work centers, in the terms established by article 9.1, c), of the Organic Law 11/1985, of 2 August, of Freedom of Association, of those who hold elective offices at the provincial level, autonomic or state in the most representative trade union organizations.

7. The transgression of the material duties of collaboration that impose on the employer the regulatory norms of the electoral processes to representatives of the workers.

8. The transgression of the regulations on trade union matters laid down in collective agreements.

9. The employer's refusal to reopen the work centre within the prescribed period, when required by the competent labour authority in the case of lockout.

10. The acts of the employer adversely affecting workers ' right to strike, consisting of the replacement of workers on strike by others not linked to the workplace at the time of their exercise, except in cases justified by the ordering.

11. The acts of the employer which are contrary to the respect of the privacy and consideration due to the dignity of the workers.

12. Unilateral decisions of the employer involving unfavourable discrimination on grounds of age or where they contain favourable or adverse discrimination in respect of remuneration, training, training, promotion and other conditions of employment work, due to circumstances of sex, origin, marital status, race, social status, religious or political ideas, adherence or not to trade unions and their agreements, relationships with other workers in the company, language within the Spanish State, or by reason of physical, mental or sensory decreases.

13. Sexual harassment, when it occurs within the scope to which it reaches the faculties of business management, whatever the active subject of the same.

14. Failure by the employer to bring about a halt to the effectiveness of the transfer, in cases of extension of the time limit for transposition ordered by the labour authority referred to in Article 40.2 of the Law on the Statute of the Workers.

15. Failure by the undertaking to implement the pension commitments with the staff of the undertaking in the terms laid down in the regulatory rules for pension schemes and funds.

Subsection 2. St Infringements in the field of information rights and consultation of workers in undertakings and groups of undertakings with a Community dimension

Article 9. Serious and very serious infringements.

1. They are serious infringements, unless they are classified as very serious in accordance with the following paragraph of this Article:

(a) Not to provide the requested information on the number of employees for the purpose of defining the existence of a Community-scale undertaking or group of undertakings for the purpose of establishing a European Works Council or a establish an alternative information and consultation procedure for workers.

(b) Not to transfer to the central management of the request for the commencement of negotiations for the establishment of a European Works Council or the establishment of an alternative information and consultation procedure.

(c) The transgression of the rights of the negotiating commission, the European Works Council, and, where appropriate, the representatives of the employees in the framework of an alternative information and consultation procedure, as well as their right to be assisted by experts of their choice.

d) The transgression of the rights of the negotiating commission, of the European Works Council and, where appropriate, of the representatives of the workers in the

framework for an alternative information and consultation procedure, in the area of financial and material resources for the proper functioning and development of its activities.

e) The lack of convening, in time and form, of the ordinary and extraordinary meetings of the European Works Council with the central management.

(f) The transgression of the rights and guarantees of the members of the negotiating commission, the European Works Council and the representatives of the workers in the framework of an alternative information and consultation procedure, in legal or conventionally established terms.

2. These are very serious violations:

(a) Actions or omissions that impede the initiation and development of negotiations for the formation of a European Works Council or the establishment of an alternative information and consultation procedure for workers.

(b) Actions or omissions that impede the functioning of the negotiating commission, the European Works Council and the alternative information and consultation procedure, in legal or conventionally established terms.

(c) Actions or omissions that prevent the effective exercise of the rights of information and consultation of workers ' representatives, including abuse in the establishment of the obligation of confidentiality in the information provided or in the use of the waiver of the obligation to communicate such information of a secret nature.

(d) Decisions taken pursuant to Law 10/1997 of 24 April on the rights of workers ' information and consultation in undertakings and groups of undertakings with a Community dimension, containing or involving any type of discrimination, favourable or adverse, by reason of sex, nationality, language, marital status, social status, religious or political ideas and adherence or not to a trade union, its agreements or to the exercise, in general, of the activities union.

Subsection 3. Infringement Of Obligations Relating to the Working Conditions of Workers Temporarily Displaced to Spain in the Framework of a Transnational Provision

Article 10. Violations.

1. The formal defects in the communication of posting of workers to Spain in the framework of the provision of transnational services, in the legally established terms, constitute minor infringements.

2. It constitutes a serious infringement of the presentation of the posting after its commencement.

3. The absence of travel communication, as well as the untruth or concealment of the data contained therein, constitutes a very serious infringement.

4. Without prejudice to the foregoing, it constitutes an administrative infringement not to guarantee workers displaced to Spain, whatever the law applicable to the employment contract, the working conditions laid down by the labour law. in the terms defined by Article 3 of Law 45/1999 of 29 November on the posting of workers in the framework of the provision of transnational services, regulatory provisions for their implementation, and in the collective agreements and arbitration awards applicable at the place and in the sector or branch of the activity in question. The classification of such offences, their rating as minor, serious or very serious, the penalties and the criteria for their graduation, shall be in accordance with the provisions of this Law.

SECTION 2. VIOLATIONS IN THE FIELD OF OCCUPATIONAL RISK PREVENTION

Article 11. Minor infractions.

These are minor violations:

1. The lack of cleaning of the workplace that does not derive risk for the physical integrity or health of the workers.

2. Do not account, in time and form, of the competent labour authority, in accordance with the provisions in force, of accidents at work and of occupational diseases declared when they are rated as minor.

3. Failure to communicate to the competent labour authority the opening of the work centre or the resumption or continuation of work after making alterations or extensions of importance, or inaccurately recording the data to be declared or to be completed, provided that it is not an industry qualified by the legislation in force as dangerous, unhealthy or harmful to the elements, processes or substances that are handled.

4. Those that are non-compliance with the rules on the prevention of occupational risks, provided that they are of serious importance for the physical integrity or health of workers.

5. Any other obligations of a formal or documentary nature required by the rules for the prevention of occupational risks and which are not classified as serious or very serious.

Article 12. Serious infringements.

These are serious violations:

1. Do not carry out risk assessments and, where appropriate, their updates and reviews, as well as regular checks on the working conditions and the activity of workers who come under the rules on prevention of occupational risks, or not to perform those prevention activities that would make the results of the evaluations necessary.

2. Do not perform medical examinations and periodic monitoring of the health status of workers who come under the regulations on the prevention of occupational risks, or do not communicate their results to the workers concerned.

3. Do not give an account in time and form to the labour authority, in accordance with the provisions in force, of accidents at work and of occupational diseases declared when they are classified as serious, very serious or fatal, or not to carry out an investigation in the event of damage to the health of workers or to have indications that the preventive measures are insufficient.

4. Do not record and archive data obtained in the evaluations, controls, surveys, investigations or reports referred to in Articles 16, 22 and 23 of Law 31/1995 of 8 November on the Prevention of Occupational Risks.

5. Failure to communicate to the competent labour authority the opening of the work centre or the resumption or continuation of work after making alterations or extensions of importance, or inaccurately recording the data to be declared or to be completed, provided that it is an industry qualified by the rules in force as dangerous, unhealthy or harmful to the elements, processes or substances that are handled.

6. Failure to comply with the obligation to carry out the planning of the preventive activity deriving as a necessary risk assessment. Failure to comply with the obligation to draw up the safety and health plan at work in each project of construction and public works, with the scope and in the form laid down in the regulations for the prevention of occupational risks, as well as the non-compliance with that obligation, by means of alterations, in law fraud, in the volume of the work or in the number of workers.

7. The posting of workers to jobs whose conditions are incompatible with their personal characteristics or those who are manifestly in states or transitional situations which do not meet the psycho-physical requirements of the respective jobs, as well as the dedication of those to performing tasks without taking into consideration their occupational safety and health capabilities at work, except in the case of a very serious infringement in accordance with the following article.

8. Failure to fulfil obligations in the field of training and adequate and adequate information for workers on the risks of the workplace liable to cause damage to safety and health and to preventive measures applicable, except in the case of a very serious infringement in accordance with the following Article.

9. Exceeding the limits of exposure to harmful agents which, in accordance with the rules on the prevention of occupational risks, risks serious harm to the safety and health of workers, without taking preventive measures appropriate, except in the case of a very serious infringement in accordance with the following Article.

10. Do not take the measures provided for in Article 20 of the Law on the Prevention of Occupational Risks in the Field of First Aid, Fire and Evacuation of Workers.

11. Failure to comply with the rights of information, consultation and participation of workers recognised in the regulations on the prevention of occupational risks.

12. Do not provide the appropriate training or means for the development of their functions to designated workers for prevention activities and prevention delegates.

13. Do not take employers and self-employed persons who carry out activities in the same workplace, or employers as referred to in Article 24 (4) of the Law on the Prevention of Occupational Risks, the measures for cooperation and coordination necessary for the protection and prevention of occupational risks.

14. Not to inform the sponsor or the employer of the working centre, to those other who develop activities in the workplace, about the risks and measures of protection, prevention and emergency.

15. Do not designate one or more workers to take care of the activities of protection and prevention in the enterprise or not to organize or arrange a preventive service when this is mandatory.

16. Those that do not comply with the rules on the prevention of occupational risks, provided that such non-compliance creates a serious risk to the physical integrity or health of the workers concerned, and in particular to the following:

a) Communication to the labour authority, where legally applicable, of substances, physical, chemical and biological agents, or processes used in enterprises.

b) Design, choice, installation, disposal, use and maintenance of workplaces, tools, machinery and equipment.

c) Bans or limitations on operations, processes and use of physical, chemical and biological agents in workplaces.

(d) Limitations on the number of workers likely to be exposed to certain physical, chemical and biological agents.

e) Using certain sampling, measurement, and evaluation of results.

f) Collective or individual protection measures.

g) Security and labelling and packaging of dangerous substances, as soon as they are handled or used in the production process.

h) Personal hygiene services or measures.

i) Registration of exposure levels to physical, chemical and biological agents, lists of exposed workers and medical records.

17. The lack of cleanliness of the centre or place of work, where it is customary or where risks arise for the physical integrity and health of workers.

18. Failure to comply with the duty of information to the designated workers to deal with prevention activities or, where appropriate, to the service of prevention of the incorporation into the company of workers with temporary employment relationships, duration determined or provided by temporary work enterprises.

19. Do not provide the prevention service with access to the information and documentation referred to in Article 18 (1) and Article 23 (1) of the Law on the Prevention of Occupational Risks.

20. Not subject, in the regulated terms, the system of prevention of the undertaking to the control of an external audit or evaluation where the prevention service with a specialised entity outside the company had not been concluded. company.

21. To provide the competent labour authority, specialised entities acting as non-business prevention services, with persons or entities carrying out the audit activity of the system of the prevention of undertakings or undertakings. entities accredited to develop and certify training in the prevention of occupational risks, data in form or with inaccurate content, to omit those that should have been reported, as well as not to communicate any modification of their conditions of accreditation or authorisation.

22. Failure to comply with obligations arising from activities relating to non-foreign prevention services in respect of their employers, in accordance with the applicable rules.

Article 13. Very serious infringements.

These are very serious violations:

1. Not to observe the specific rules on the protection of the safety and health of workers during pregnancy and lactation periods.

2. Not to observe the specific rules for the protection of the safety and health of minors.

3. Do not paralyse or suspend immediately, at the request of the Inspection of Labor and Social Security, the work carried out without observing the regulations on the prevention of occupational risks and which, in the opinion of the Inspectorate, involve the the existence of a serious and imminent risk to the safety and health of workers, or to resume work without having previously remedied the causes of the cessation.

4. The posting of workers to jobs whose conditions are incompatible with their known personal characteristics or which are manifestly in states or transitional situations which do not meet the requirements (i) the occupational safety and health of the occupational safety and health at work, where a risk is derived from occupational safety and health at the workplace, as well as the dedication of those to carry out tasks without taking into account their occupational safety and health skills; serious and imminent for the safety and health of workers.

5. To breach the duty of confidentiality in the use of data relating to the surveillance of workers ' health, in accordance with Article 22 (4) of the Law on the Prevention of Occupational Risks.

6. To exceed the limits of exposure to harmful agents which, in accordance with the rules on the prevention of occupational risks, give rise to risks of damage to the health of workers without taking appropriate preventive measures, in the case of serious and imminent risks.

7. Failure to adopt, employers and self-employed persons who carry out activities in the same workplace, the necessary cooperation and coordination measures for the protection and prevention of occupational risks, in the case of activities that are regulated as dangerous or with special risks.

8. Not to inform the sponsor or the employer of the working centre, to those other who carry out activities in the centre, on the risks and measures of protection, prevention and emergency, in the case of activities which are regulated considered to be dangerous or with special risks.

9. Actions or omissions that impede the exercise of the right of workers to paralyse their activity in cases of serious and imminent risk, as provided for in Article 21 of the Law on the Prevention of Occupational Risks.

10. Not to take any other preventive measures applicable to the working conditions in respect of the rules on the prevention of occupational risks resulting from a serious and imminent risk to the safety and health of workers. workers.

11. To carry out its activities, specialised entities acting as non-business prevention services, persons or entities carrying out the audit activity of the system of prevention of undertakings or those which develop and certify the training in the field of occupational risk prevention, without having the required accreditation or authorisation, where the latter would have been suspended or extinguished, where the provisional authorisation would have expired, as well as when exceed in their performance of the scope of the same.

12. To maintain specialised entities acting as non-business prevention services to undertakings or persons or entities carrying out the audit activity of the system for the prevention of undertakings, trade, financial or financial links of any other type, with the audited or concerted undertakings, other than the undertakings themselves, as well as certifying, the entities which develop or certify the preventive training, activities not carried out in their whole.

SECTION 3. VIOLATIONS IN THE FIELD OF EMPLOYMENT

Subsection 1. Infringements Of Employers and of the Employment Placement Agencies, support for the promotion of employment in general and occupational vocational training.

Article 14. Minor infractions.

These are minor violations:

1. Do not inform the employment office of the hiring carried out in the cases in which that obligation is established.

2. Failure to notify the employment office of the termination of employment contracts, in cases where such an obligation is provided for.

3. The lack of registration in the employment office of the contract of employment and its extensions in the cases where the obligation to register is established.

Article 15. Serious infringements.

These are serious violations:

1. Do not inform the companies of the selection of their tasks to the public employment service.

2. Failure to comply with the reservation, duration or preference in employment given in accordance with Article 17 (2) and (3) of the Law on the Status of Workers.

3. Failure to comply with the employment integration of disabled persons from the legal obligation to reserve jobs for the disabled or the application of their alternative measures of an exceptional nature.

4. Do not notify the legal representatives of the employees of the fixed-term contracts to be concluded, or not to give them the basic copy of the contracts where such an obligation exists.

5. Advertising by any means of dissemination of offers of employment which do not meet the actual conditions of the position offered, or which contain conditions contrary to the rules of application, without prejudice to the provisions of the Article next.

Article 16. Very serious infringements.

These are very serious violations:

1. To carry out mediation activities for profit, of any kind and functional area, aimed at the placement of workers, as well as to carry out non-profit mediation activities, without having obtained the corresponding administrative authorisation or continue to act in the intermediation and placement after the completion of the authorisation, or where the extension has been rejected by the public employment service.

2. To establish conditions, by means of advertising, dissemination or otherwise, which constitute favourable or adverse discrimination for access to employment on the grounds of race, sex, age, marital status, religion, political opinion, affiliation trade union, origin, social status and language within the State.

3. To obtain or benefit unduly from grants, support for employment or any aid established in programmes to support the creation of occupational employment or vocational training outside the economic system of social security.

4. Non-application or deviations in the application of the aid, or promotion grants from the

employment, reinsertion of jobseekers, and occupational vocational training awarded, financed or guaranteed, in whole or in part, by the State, or by the Autonomous Communities in the context of the implementation of the labour law, outside the economic system of social security.

Subsection 2. 3rd Worker Violations

Article 17. Infringements of workers.

Constitute workers ' violations:

1. Mild.

(a) Failure to appear before the public employment service, the non-profit placement agencies or the associated entities of the integrated services for employment, or not to renew the demand for employment in the the form and dates to be determined in the demand renewal document except for justified reasons.

(b) Not to return, unless justified, to the public employment service or, where appropriate, to the non-profit placement agencies, the relevant supporting evidence of having appeared at the place and date indicated for the purposes of the cover the job offers provided by those.

2. Serious: to reject an offer of adequate employment, whether offered by the public employment service or by the non-profit placement agencies, or to refuse to participate in the work of social collaboration, employment programmes, including those of professional integration, or in actions of promotion, training or retraining, except for justified reasons, offered by the public employment service or by the associated entities of the integrated services for employment.

For the purposes laid down in this Law, appropriate employment and social partnership work shall be understood to meet the requirements laid down respectively in Article 213 (2) and (3) of the recast text of the General Law on Social Security, adopted by Royal Legislative Decree 1/1994 of 20 June.

3. Very serious: non-implementation, or deviation in the application of aid, in general, to the promotion of employment perceived by workers.

SECTION 4. INFRINGEMENTS IN THE FIELD OF TEMPORARY WORK ENTERPRISES AND USER ENTERPRISES

Article 18. Infringements of temporary work enterprises.

1. Minor infractions:

(a) Failure to complete, in the terms that are regulated by law, the contracts referred to in Article 10 of Law 14/1994 of 1 June, which regulates temporary employment undertakings and the contracts for the disposition.

b) Not include in the advertising of their activities or job offers their identification as a temporary work company and the approval number.

(c) Not to provide the user undertaking with the basic copy of the contract of employment or the order of service of the workers made available to it; as well as the remaining documentation which it is required to provide.

2. Serious breaches:

(a) Not formalize in writing the contracts of work or contracts for making available, provided for in the Law governing temporary work enterprises.

(b) Not to refer to the competent labour authority, in the terms that are regulated by law, the information referred to in Article 5 of the Law governing temporary work undertakings, or not to communicate the annual update of the financial guarantee.

(c) To formalise contracts for making available for cases other than those provided for in Article 6 (2) of the Law governing temporary employment undertakings, or for the coverage of jobs in respect of which the mandatory risk assessment has not been previously performed.

(d) Not to provide for the training of temporary workers the amounts referred to in Article 12.2 of the Law governing temporary work enterprises.

e) To charge the worker any amount for selection, training or hiring.

(f) The provision of workers in geographical areas for which no administrative authorisation is granted for action, except as provided for in Article 5 (3) of the Law on the regulation of undertakings in the field of temporary work.

3. Very serious breaches:

a) Do not update the value of the financial guarantee, when an indefinite administrative authorization has been obtained.

(b) to formalise contracts for making available for the performance of activities and works which, due to their particular danger to safety or health, are to be determined regulatively.

c) Not to be exclusively dedicated to the constitutive activity of the temporary work enterprise.

d) The falsification or concealment of the information provided to the labour authority on its activities.

e) Ceder temporary contract workers to another temporary work company or other companies for subsequent disposal to third parties.

Article 19. Infringements of user undertakings.

1. They are minor infractions:

(a) Not to complete, in the terms that are regulated by law, the contract of making available.

(b) Not to provide the data relating to the total remuneration laid down in the collective agreement applicable for the job in question, for the purposes of its entry into the contract for making available.

2. These are serious violations:

a) Do not formalize the contract of making available in writing.

(b) to formalise contracts for making available for purposes other than those provided for in Article 6 (2) of the Law on the provision of temporary employment undertakings or for the coverage of jobs in respect of which the mandatory risk assessment has not been previously performed.

(c) Actions or omissions that impede the exercise by employees of the rights set out in Article 17 of the Law governing temporary work enterprises.

d) The lack of information to the temporary worker in the terms provided for in Article 16.1 of the Law governing temporary work enterprises, and in the regulations on the prevention of occupational risks.

(e) to formalise contracts for the provision of posts or functions which, in the preceding 12 months, have been the subject of depreciation for unfair dismissal, collective redundancies or for objective reasons, or for the purposes of coverage of posts which, in the previous 18 months, have already been covered for more than 13 and a half months, continuously or discontinuously, by workers made available by temporary employment undertakings, in both cases committed an offence for each worker concerned.

3. These are very serious violations:

(a) The acts of the businessman who are detrimental to the right to strike, consisting of the replacement of workers on strike by other posts at their disposal by a temporary work company.

(b) The formalisation of contracts for making available for the performance of those activities and works which, due to their particular danger to safety or health, are determined in a regulated manner, breach for each contract in such circumstances.

CHAPTER III

Violations in the field of Social Security

Article 20. Concept.

1. The actions and omissions of the various responsible persons referred to in Article 2.2 of this Law, contrary to the laws and regulations governing the system of the system, are infringements in the field of social security. Social security, classified and sanctioned as such in this Law.

2. For the purposes of this Law, they shall be treated in the same way as infringements and penalties in the field of social security in respect of other contributions levied by the social security system.

SECTION 1. INFRINGEMENTS OF EMPLOYERS, SELF-EMPLOYED PERSONS AND PERSONS TREATED AS SUCH

Article 21. Minor infractions.

These are minor violations:

1. Do not retain, for five years, the documentation or the records or computer media in which the data has been transmitted to demonstrate compliance with the obligations of membership, high, low or variations which, where appropriate, they shall be produced in relation to those matters, as well as the listing documents and receipts supporting the payment of salaries and the delegated payment of benefits.

2. Not to expose, instead of the work centre, or to make available to the workers, within the month following the entry of the quotas, the copy of the quotation or authorized copy thereof or, where appropriate, not to provide the documentation referred to the staff delegates or works councils.

3. Do not communicate in time and form the casualties of the workers who cease in the service to the company, as well as the other variations that affect them.

4. Do not provide the relevant entities with the data, certifications and declarations that they are required to provide, or omit, or to enter them inaccurately.

5. Do not communicate to the relevant entity any change in the association or accession documents for the coverage of occupational accident and occupational disease contingencies.

Article 22. Serious infringements.

These are serious violations:

1. Start your activity without having applied for your registration in the Social Security; do not communicate the opening and cessation of work of the job centers for the purpose of identification; and the variations of data or other established obligations (a) rules governing the registration of enterprises and the identification of workplaces.

2. Do not request, in time and form, the initial affiliation or the discharge of the workers entering their service, considering an infringement for each of the workers affected.

3. Do not have in the workplace or not to carry in order and to the day the Book of Matriculation of Personnel or, where appropriate, the system of documentation whose use would have been authorized to replace the said Book.

4. Failure to submit, within a statutory period, the listing documents where the fees are not entered in the same way and no payment deferment is requested; and the non-transmission or non-acceptance of the quotation data by the obligors or the use of systems of presentation by electronic or telematic means.

5. Do not enter, in the form and time limit, the corresponding quotas that for all the concepts raises the system of Social Security, or not to effect the income in the due amount, provided that the lack of income does not obey a situation extraordinary of the company and the presentation provided for in the previous issue has not been made.

6. Failure to comply with the economic obligations arising from their mandatory collaboration in the management of social security.

7. Formalize the protection of occupational accidents and diseases, and in their case the temporary incapacity of the staff to their service in a different entity than the one legally applicable.

8. Do not deliver to the worker, in time and form, the company certificate and how many documents are accurate for the application and processing of any benefits.

9. Do not apply for own-account workers, in time and form, their initial or high membership in the special social security scheme when the omission generates default of the corresponding contribution.

10. Do not pay the corresponding entities the benefits paid to the workers when the undertaking has been declared responsible for the obligation.

11. Do not proceed in time and amount to the delegated payment of the corresponding benefits.

12. Obtain or enjoy unduly reductions or bonuses in the payment of the corresponding social contributions, understanding an infringement for each affected worker.

Article 23. Very serious infringements.

1. These are very serious violations:

(a) Give occupation as workers to beneficiaries or applicants for pensions or other medical benefits of social security, the enjoyment of which is incompatible with employment, where they have not been discharged in Social Security prior to the start of their activity.

b) To hold unduly, not entering it within the deadline, the share of Social Security share discounted to its workers, or to make discounts, not entering them, superior to the legally established ones.

(c) Distortion of documents for workers to obtain or fraudulently enjoy benefits, as well as connivance with their employees or with other beneficiaries for the purpose of obtaining undue benefits or (a) higher than those that are applicable in each case, or in order to avoid compliance with the obligations of any of them in respect of benefits.

d) To take the obligation on their employees individually or collectively to pay all or part of the premium or part of the fees charged by the employer, or to waive the rights conferred on them by the employer. Social Security System.

e) To unduly increase the employee's contribution base in such a way as to lead to an increase in the benefits that come from, as well as the simulation of employment contracts for the improper obtaining of benefits.

f) Make statements or record false or inaccurate data in the quotation documents that cause fraudulent deductions in the fees to satisfy Social Security.

(g) Not to provide the relevant public body, in time and form, with the identifying data of economic social benefit holders, as well as, as soon as they determine or condition the right to receive them, beneficiaries, spouses and other members of the family unit, or those of their amounts, class of benefits and the date of their granting.

2. In the case of very serious infringements, the employer shall be deemed to incur an offence for each of the workers who have obtained or fraudulently enjoy the benefits of social security.

In the offences referred to in paragraphs (a), (c) and (e) of the previous paragraph, the employer shall be jointly liable for the return of the amounts unduly paid by the worker.

Employers who hire or subcontract the performance of works or services corresponding to the activity itself shall be jointly and severally liable for the offences referred to in paragraph 1 above, committed by the contractor or subcontractor during the entire duration of the contract.

3. The infringements of this Article, in addition to the penalties applicable to the application of Chapter VI, shall give rise to the ancillary penalties provided for in Article 46 of this Law.

SECTION 2. INFRINGEMENTS OF WORKERS OR ASSIMILATED PERSONS, BENEFICIARIES AND APPLICANTS FOR BENEFITS

Article 24. Minor infractions.

These are minor violations:

1. Do not provide the relevant entity or the undertaking, where required, with the data necessary for its affiliation or discharge in the case of the Social Security and, where appropriate, any changes in the situation of the multi-employment situation, and, in general, non-compliance with the duties of an information character.

2. Do not appear, upon request, to the managing body of the benefits in the form and date to be determined, unless justified.

Article 25. Serious infringements.

These are serious violations:

1. Carry out work on behalf of or outside the office during the receipt of benefits, where there is legal or regulatory incompatibility established, without prejudice to the provisions of paragraph 2 of the following Article.

2. Failure to appear, unless justified, to the medical examinations ordered by the managing or collaborating entities, in the cases thus established, and not to present to them the records, supporting documents or data which do not the entity, where it is required and affects the right to continuity in the perception of the benefit.

3. Failure to communicate, with the exception of justified reasons, the loss of benefits at the time when the right to stay or the termination of the right occurs, or when the requirements for the right to its perception are no longer met any of those causes have been unduly perceived to be provided.

Article 26. Very serious infringements.

These are very serious violations:

1. To act fraudulently in order to obtain benefits that are undue or superior to those that correspond, or to unduly prolong their enjoyment through the provision of false data or documents; the simulation of the employment relationship; and the omission of legally binding declarations or other non-compliances that may cause fraudulent perceptions.

2. To be compatible with the provision of benefits or unemployment benefit with self-employment or other work, except in the case of part-time work in the terms laid down in the relevant legislation. In the case of unemployment benefit for agricultural workers, it shall be understood that the worker has been compatible with the benefit of the benefit with the work as an employed or self-employed person when the days worked have not been declared in the Provided for in its application-specific rules.

3. The connivance with the employer for the improper obtaining of any social security benefits.

SECTION 3. VIOLATIONS OF MUTUAL WORK ACCIDENTS AND OCCUPATIONAL DISEASES OF SOCIAL SECURITY

Article 27. Minor infractions.

These are minor violations:

1. Failure to comply with formal obligations relating to diligence, remission and preservation of books, records, documents and relations of workers, as well as of statistical bulletins.

2. Failure to comply with the formal obligations established on the registration, registration and preservation of documents and certificates in respect of compulsory medical examinations.

3. Do not refer to the competent body, within the time limit and duly completed, the parts of accidents at work where they are of a minor nature.

4. Do not inform the associated employers, employees and representative bodies of the staff, and the persons who credit a personal and direct interest, about the data relating to them concerning the entity.

Article 28. Serious infringements.

These are serious violations:

1. Do not bring the required books, as well as the official books of accounting or authorized accounting system, in accordance with the general plan of accounting and budgetary rules of Social Security in the established form.

2. To accept the association of undertakings not included in the territorial or functional scope of the entity without being authorized; not to accept any proposal of association which the undertakings included in its scope of action; to conclude agreements of an association with a duration of more than one year; and not to protect the whole of the workers of an associated company corresponding to workplaces located in the same province.

3. Not to observe the rules regarding the denomination and its use, and to the constitution and functioning of its governing and participation bodies.

4. Do not refer to the competent body, within the time limit and duly completed, the parts of accidents at work and occupational disease, where they are serious, very serious or result in the death of the worker.

5. Failure to comply with the established rules regarding the setting up and the amount of bail, administrative expenditure, reserve requirements and the lack of a referral within the time limit to the competent body of the annual balance sheet, memory and account results, and duly approved and prepared revenue and expenditure budget.

6. Do not provide the competent body and, in any case, the common services and management entities, any data requested in collaboration, or coordinate the performance of the entity with such bodies and with the competent authorities. in the field of management of social services or other matters in which the Mutual Working and Occupational Diseases Mutuals work together, as well as the refusal to issue to the associated employers the certificates of the cessation of the association.

7. To publicise or publicise information and data relating to its performance, without the prior authorisation of the higher supervisory and supervisory body, where it is required.

8. Do not request in time and form the necessary authorizations for investments, hiring with third parties, revaluation of assets and updating of balance sheets, and any other in financial economic matters in which require the provisions in force.

Article 29. Very serious infringements.

These are very serious violations:

1. Carry out operations other than those to which they must limit their activity or insert in the association agreements conditions which are contrary to the norms of the social security and those that regulate the collaboration in the management of the Occupational accidents and occupational diseases.

2. Do not contribute as appropriate to the economic sustainability of the Common Services of Social Security and do not fulfil the obligations arising from reinsurance or the established system of compensation for results.

3. Apply headings of the premium rate or, where appropriate, any additional premiums, other than those which are perceptively compulsory, according to the activities and works of each undertaking, as well as to promote or obtain the entry of quantities equivalent or replacement of the Social Security contributions by different procedures to the regulations.

4. To arrange, use or establish health services, accident prevention, recovery or rehabilitation services of their own or third parties, without the prior authorisation of the competent body.

5. Require the associated companies, when the association is agreed, to enter amounts higher than the anticipated amount of a quarter of the corresponding guarantee fees, or to require such income more than once.

6. To exercise collaboration in profit-making management; not to apply the patrimony strictly to the social end of the entity; to distribute economic benefits among the associates, regardless of their nature; to affect the annual surpluses to other than regulatory purposes; to continue in the exercise of collaboration where the causes of compulsory dissolution are present without communicating it to the competent body; and not to differentiate the activities developed as preventive services, or not impute to them the costs arising from such activities.

7. Failure to comply with the incompatibilities and prohibitions set out in Article 75 of the recast text of the General Law on Social Security.

SECTION 4. VIOLATIONS OF COMPANIES THAT VOLUNTARILY COLLABORATE IN MANAGEMENT

Article 30. Minor infractions.

These are minor violations:

1. Do not carry in order and daily the documentation required.

2. Not to give an account, semi-annually, to the business committee of the application of the amounts received for the exercise of the collaboration.

Article 31. Serious infringements.

These are serious violations:

1. Do not maintain own health facilities under the conditions required for the provision of assistance.

2. Not to coordinate the provision of health care with the health services of Social Security.

3. To provide health care with non-social security personnel, except for authorization to do so.

4. To grant benefits in time, amount or form other than the rules laid down.

5. Do not enter the contributions established for the support of the Common Services.

6. Do not keep a specific account in your accounting that collects all operations related to the collaboration.

Article 32. Very serious infringements.

These are very serious violations:

1. Exercise the functions of the object of collaboration without prior authorization.

2. Continue in the exercise of collaboration after the loss of the minimum required requirements.

3. To allocate the surplus of the collaboration for purposes other than the improvement of the benefits.

4. Do not apply to the exclusive purposes of the collaboration, including in it the improvement of the benefits, the amounts deducted from the regulatory quota.

CHAPTER IV

Violations in the field of emigration, migratory movements and foreign work

SECTION 1. VIOLATIONS IN THE FIELD OF MIGRATION AND INTERNAL MIGRATION MOVEMENTS

Article 33. Concept.

The actions or omissions of the subjects referred to in Article 2.4 of this Law are violations in the field of migration and labour migration movements, and are sanctioned in accordance with this Law.

Article 34. Minor infractions.

These are minor violations:

1. Modification of the conditions of the offer to emigrate, once authorized administratively, if it does not cause serious harm to the emigrants.

2. Do not submit work contracts for your visa by the employment authority, or do not give the worker the copy of the contract already endorsed.

3. The inapplication of the discounts established for the transport of migrants.

Article 35. Serious infringements.

These are serious violations:

1. Dissemination by any means of offers of work abroad without obtaining the required administrative authorization.

2. The modification of the conditions of the offer to emigrate, once authorized administratively, if it causes serious injury to the emigrants.

3. The concealment, falsification or rectification of substantial clauses of an already visa contract.

4. The posting of the worker to the host country without the necessary documentation or the unjustified retention by the company of such documentation.

5. The hiring of Spanish seafarers on behalf of foreign shipowning undertakings by persons or entities not authorised by the labour authority to carry out this task.

Article 36. Very serious infringements.

These are very serious violations:

1. The establishment of any type of migrant recruitment agencies.

2. Simulation or deception in recruiting or hiring migrants.

3. The abandonment of migrant workers in foreign countries by the contracting employer or his authorised representatives.

4. He charged commission workers or price for their recruitment.

5. Fraudulent obtaining of aid for migration and internal migratory movements, whether individual or family reunification, or the non-application or improper application of such aid.

SECTION 2. VIOLATIONS OF FOREIGN WORK PERMITS

Article 37. Violations.

They will be considered to be very serious violations of:

1. Employers who use foreign workers without having obtained the mandatory work permit or their renewal, incurring an infringement for each of the foreign workers they have occupied.

2. Foreigners exercising in Spain any gainful, employment or professional activity, on their own account, without having obtained the required work permit, or not having renewed it.

3. Those of natural or legal persons who promote, mediate or protect the work of foreigners in Spain without the mandatory work permit.

CHAPTER V

Infringements in the field of cooperative societies

Article 38. Infringements in the field of cooperatives.

The provisions of this article are subject to the provisions of this article, the violations of cooperative societies, when the autonomous legislation is referred to the law of the State, when the legislation has not been produced. autonomic or when they develop their cooperative activity in the territory of several Autonomous Communities, in accordance with the provisions of Law 27/1999, of July 16, of Cooperatives.

1. These are minor violations: failure to comply with obligations or violation of the prohibitions imposed by the Cooperative Law, which do not involve a conflict between parties, do not interrupt social activity and cannot be qualified as serious or very serious.

2. These are serious violations:

a) Not to convene the ordinary General Assembly in time and form.

b) Incompliance with the obligation to register the acts that must necessarily access the Registry.

(c) Not to make the endowments, in the legally established terms, to the required funds or to target them for purposes other than those provided for.

d) The lack of auditing of accounts, as soon as it is mandatory, legal or statutory.

e) Failure, where appropriate, to deposit the annual accounts.

f) Widespread transgression of partner rights.

3. These are very serious violations:

a) The cessation of cooperative activity, or the inactivity of social organs for two years.

b) The transgression of the mandatory or prohibitive provisions of the Law of Cooperatives, when it is possible to verify connivance in order to profit or to obtain tax subsidies or subsidies.

CHAPTER VI

Responsibilities and penalties

SECTION 1 GENERAL RULES ON PENALTIES FOR EMPLOYERS, AND IN GENERAL, OTHER SUBJECTS WHO DO NOT HAVE THE STATUS OF WORKERS OR ASSIMILATED PERSONS

Article 39. Criteria for the graduation of sanctions.

1. Penalties for infringements established in the preceding Articles may be imposed in degrees of minimum, medium and maximum, taking into account the criteria set out in the following paragraphs.

2. Qualified for the violations, in the manner provided by this Law, the sanctions will be graduated in attention to the negligence and intentionality of the offender, fraud or connivance, non-compliance with the previous warnings and requirements of the Inspection, turnover of the company, number of workers or beneficiaries affected where appropriate, injury caused and amount defrauded, as circumstances likely to aggravate or mitigate the graduation to be applied to the offence committed.

3. The following criteria shall be taken into account in the penalties for infringements in the field of occupational risk prevention for the purposes of their graduation:

a) The dangerousness of the activities developed in the company or workplace.

b) The permanent or transient nature of the risks inherent in such activities.

c) The severity of the damage produced or could have been caused 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 employer and the instructions given by the employer in order to prevent the risks.

f) Failure to comply with the prior warnings or requirements of the Labour and Social Security Inspectorate.

g) Failure to comply with proposals made by prevention services, prevention delegates, or the company's health and safety committee for the correction of existing legal deficiencies.

(h) The general conduct followed by the employer in order to ensure strict compliance with the rules on the prevention of occupational risks.

4. Infringements in the field of cooperative societies shall be graduated, for the purposes of their respective sanctions, taking into account the number of partners concerned, social impact, malice or falsity and economic capacity of the cooperative.

5. The graduation criteria set out in the preceding numbers may not be used to aggravate or mitigate the offence where they are contained in the description of the offending conduct or are part of the administrative illicit itself.

6. The act of the Inspection of Labor and Social Security that initiates the sanctioning file and the administrative decision that will be placed on it, must explain the criteria for the graduation of the penalty taken into account, among those mentioned in the previous paragraphs of this article. Where none of the circumstances listed in those paragraphs are considered relevant to these effects, the penalty shall be imposed in the minimum grade in its lower section.

7. The maximum of the rating that corresponds to any infringement that consists of the continued persistence of its commission shall be sanctioned.

Article 40. The amount of penalties.

1. Infringements in the field of employment relations and employment in the field of social security, without prejudice to the following paragraph 3, in the field of migration, migratory movements and the work of foreigners, as well as infringements Obstruction shall be sanctioned:

(a) Mild, to a minimum degree, with a fine of 5,000 to 10,000 pesetas; in its middle grade, from 10,001 to 25,000 pesetas; and to its maximum degree, from 25,001 to 50,000 pesetas.

(b) The severe ones with fine, in their minimum degree of 50,001 to 100,000 pesetas; in their average grade, from 100,001 to 250,000 pesetas; and to their maximum degree, from 250,001 to 500,000 pesetas.

c) The very serious with fine, in its minimum degree of 500,001 to 2,000,000 pesetas; in its average grade of 2,000,001 to 8,000,000 pesetas; and to its maximum degree, from 8,000,001 to 15,000,000 pesetas.

2. Infringements in the field of occupational risk prevention shall be punishable:

(a) Mild, to a minimum degree, with a fine of 5,000 to 50,000 pesetas; in its average grade of 50,001 to 100,000 pesetas; and to its maximum degree, from 100,001 to 250,000 pesetas.

(b) The serious ones, with a fine, in their minimum degree of 250,001 to 1,000,000 pesetas; in their average grade, from 1,000,001 to 2,500,000 pesetas; and to their maximum degree, from 2,500,001 to 5,000,000 pesetas.

c) The very serious ones with fine, in their minimum degree, from 5,000,001 to 20,000,000 pesetas; in their average grade of 20,000,001 to 50,000,000 pesetas; and to their maximum degree of 50,000,001 to 100,000,000 pesetas.

The sanctions imposed for very serious, once firm, infractions will be made public in the form that is determined to be regulated.

Infringements, by serious and very serious misconduct by specialised entities acting as non-business prevention services, of persons or entities carrying out the audit activity of the system of the prevention of companies and entities accredited to develop or certify training in the prevention of occupational risks, may give rise, in addition to the fines provided for in this article, to the cancellation of the accreditation granted by the labour authority.

3. Penalties in the field of social security where they are derived from infringement and settlement proceedings which relate to the same facts and are applied at the same time shall be automatically reduced to 50 per 100 of the amount of the penalties if the offender expresses its conformity with the liquidation carried out, by entering its amount within the time limit.

4. Infringements in the field of cooperatives shall be punished:

a) The mild ones, with a fine of 50,000 to 100,000 pesetas.

b) The graves, with a fine of 100,001 to 500,000 pesetas.

c) The very serious, with a fine of 500,001 to 5,000,000 pesetas, or with disqualification.

Article 41. Recidivism.

1. There is a repeated infringement of the same type and qualification as the one which gave rise to a previous sanction within the 365 days following notification of the same type; in such a case the penalty decision will be required has acquired firmness.

2. If recidivism is assessed, the amount of the penalties provided for in the previous Article may be increased to more than double the level of the penalty for the offence committed, without exceeding, in any event, the maximum amounts provided in the previous article for each violation class.

3. The reoffending of the temporary work undertaking in the commission of offences listed as very serious in this Law may result in the suspension of its activities for one year.

When the sanctioning file bears the proposal for suspension of activities, it shall be competent to resolve the Minister of Labour and Social Affairs or the equivalent authority of the Autonomous Communities with jurisdiction. implementation of labour law.

After the suspension period, the temporary work company must again request administrative authorization to enable it for the exercise of the activity.

SECTION 2. SPECIFIC RULES

Subsection 1. Business Responsibilities in the workplace and the prevention of occupational risks

Article 42. Business responsibility.

1. Infringements of the provisions of Articles 42 to 44 of the Staff Regulations shall determine the responsibility of the employers concerned in the terms laid down therein.

2. The responsibilities between temporary work enterprises and user undertakings in the field of wages shall be governed by the provisions of Article 16.3 of Law 14/1994 of 1 June on the subject of temporary employment undertakings.

3. The main undertaking shall be jointly and severally liable with the contractors and subcontractors referred to in Article 24 (3) of the Law on the Prevention of Occupational Risks of Compliance, during the period of the contract, of the obligations imposed by that Law in relation to the workers employed in the work centres of the main undertaking, provided that the infringement has occurred in the workplace of that principal employer.

In working relationships through temporary work companies, and without prejudice to their own responsibilities, the user undertaking will be responsible for the conditions of execution of the work in all matters related to the the protection of the health and safety of workers, as well as the cost of the social security system which may be fixed, in the event of an accident at work or occupational disease occurring in its centre of work during the lifetime of the contract for making available and bring their cause for lack of Safety and hygiene measures.

4. The correction of infringements in the field of occupational risk prevention, in the field of public administrations, will be subject to the procedure and detailed rules for the development of Article 45.1 and consistent with Law 31/1995 of 8 November 1995. Prevention of Occupational Risks.

5. The statement of evidence which contains a final judgment of the judicial and administrative court order, concerning the existence of infringement of the rules on the prevention of occupational risks, will link the social order of the jurisdiction, in respect of the surcharge, where applicable, of the economic performance of the Social Security system.

Subsection 2. Social Security Responsibilities

Article 43. Business responsibilities.

1. The penalties which may be imposed on the various persons responsible shall be without prejudice to the other responsibilities which may be required of them, in accordance with the provisions of the General Law on Social Security and its provisions of application and development.

2. The responsibilities between temporary work enterprises and user undertakings in the field of social security shall be governed by the provisions of Article 16 (3) of Law 14/1994 of 1 June, which govern temporary work enterprises.

Article 44. Mutual Accidents of Work and Occupational Diseases of Social Security.

1. The Secretariat of State for Social Security, or the corresponding governing body of the Autonomous Communities, in accordance with their respective competence in order to impose sanctions, and provided that the circumstances in which the The Commission shall, in accordance with Article 1 (1) of Regulation (EEC), of the European Parliament and of the Council of the European Parliament and of the Council of the European Parliament and of the Council of the European Parliament and of the Council, irrespective of the penalties which may be imposed on them in accordance with the provisions of Article 40.1.

a) The temporary intervention of the entity, in the event of a qualified serious breach.

b) The removal of its governing bodies, together with the temporary intervention of the entity, or the cessation of those in collaboration, in the event of a qualified infringement of very serious.

2. If the entrepreneurs promoting a Mutual of Occupational Accidents and Occupational Diseases of the Social Security perform some act on behalf of the entity before their constitution has been authorized by the organ of the Administration (a) the competent authorities of the Member States of the European Union and of the Member States of the European Union and of the Member States of the European Union, and the Member States of the European Union; will not have action against it, but it will take action against the promoters. In this case, the promoters ' responsibility for these acts will be unlimited and in solidarity. In such cases, employers who are promoters of the Occupational Accident and Occupational Accident Mutual Association shall also be liable for the offences referred to in Section 3 of Chapter III of this Law.

Article 45. Penalties for employers who voluntarily collaborate in management.

Regardless of the penalties that correspond in accordance with Article 40.1, and as long as the circumstances of the case so require, to the benefit of the correction of deficiencies observed in the proposal elevated to the organ In addition, the following sanctions may be applied:

a) responsible for the supervision, management and protection of social security.

1. Temporary suspension of the authorisation to collaborate for up to five years.

2. Definitive withdrawal of the authorization to collaborate with the loss of the condition of the contributing entity.

Subsection 3. Ancillary Penalties for employers in the field of employment, support for employment promotion, occupational training and unemployment protection

Article 46. Ancillary penalties for employers.

Without prejudice to the penalties referred to in Article 40.1, employers who have committed very serious infringements as defined in Articles 16 and 23 of this Law on Employment and Unemployment:

1. They shall automatically lose the aid, bonuses and, in general, the benefits resulting from the application of the employment programmes, with effect from the date on which the infringement was committed.

2. They may be excluded from access to such benefits for a maximum period of one year.

3. In the cases referred to in Article 16 (3) and (4), they shall, in any event, be required to return the amounts wrongly obtained and those not applied or applied incorrectly.

Subsection 4. 3rd Sanctions on workers, applicants and beneficiaries in the field of employment and social security

Article 47. Penalties for workers, applicants and beneficiaries.

1. Infringements shall be punished:

(a) Mild, with loss of benefit, allowance or pension for one month.

(b) The serious ones defined in Article 25 with loss of benefit or pension for a period of three months, with the exception of their number 3 in the unemployment benefits and allowances in which the penalty shall be extinguished by the benefit. The serious offences referred to in Article 17 (2) and the reoffending in the light of Articles 24 (2) and 17 (1) shall be punishable by the termination of the unemployment benefit or allowance.

In addition, registration as an unemployed person, with a loss of the rights as a job seeker, will be left without effect, of those who are involved in employment offences, vocational training, support for promotion of employment, benefits and unemployment benefit.

(c) The very serious, with loss of the pension for a period of six months or with extinction of the unemployment benefit or allowance.

They may also be excluded from the right to receive any economic benefit and, where appropriate, support for employment promotion for one year.

2. The penalties referred to in this Article are without prejudice to the drawback of the amounts unduly paid.

3. For the purposes of recidivism, the provisions of Article 41.1 of this Law shall apply.

4. Notwithstanding the above penalties, in the event that the breach of the obligations affects the fulfilment and preservation of the requirements which entitle the benefit, the managing body may suspend the provision of the same, until such time as the the administrative decision is final.

5. The imposition of the penalties for the infringements provided for in this subsection shall be carried out in accordance with the provisions of Article 48.5 of this Law, respecting the respective competence of the sanctioning body and establishing cooperation necessary for the execution of the sanction imposed, where the penalty corresponds to the competence of another body.

CHAPTER VII

Common Provisions

Article 48. Attribution of sanctioning powers.

1. The competence to sanction the infringements in the social order, within the scope of the General Administration of the State, corresponds, on the proposal of the Inspection of Work and Social Security, to the competent authority at the provincial level, until 1,000,000 pesetas; the competent director general, up to 5,000,000 pesetas; to the Minister of Labour and Social Affairs, up to 10,000,000 pesetas; and to the Council of Ministers, on a proposal from Labor and Social Affairs, up to 15,000,000 pesetas.

2. In the field of competence of the General Administration of the State, infringements in the field of the prevention of occupational risks shall be sanctioned, on a proposal from the Inspection of Labour and Social Security, by the competent authority at the level of the The Ministry of Labour and Social Affairs, up to 5,000,000 pesetas, up to 15,000,000 pesetas; up 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 Social, up to 100,000,000 pesetas.

3. The infringements in the field of cooperatives established in this Law shall be sanctioned, on the proposal of the Inspection of Labour and Social Security, by the management body of which the Register of Cooperative Societies depends, up to 1,000,000 Pesetas and the Minister of Labour and Social Affairs, up to 5,000,000 pesetas and disqualification.

4. The imposition of penalties for minor and serious infringements of workers, in the field of employment, vocational training, support for the promotion of employment, social security and unemployment protection, is the responsibility of the managing body of the Social security or public body of competent placement; that of the very serious to the competent authority, on a proposal of the Inspection of Labour and Social Security.

Where the penalty imposed consists of the temporary or permanent loss of the unemployment benefit, the competent authority which has imposed the penalty shall transfer the management body to the benefit for the purposes of the from the application.

5. The exercise of the power of sanction in respect of infringements of the social order, where it corresponds to the Administration of the Autonomous Communities with competence in the field of enforcement of the law of the social order, shall be exercised by the organs and with the distribution limits determined by each Autonomous Community.

6. The allocation of powers referred to in the preceding paragraphs does not affect the exercise of the power of sanction which may be conferred on other administrations by reason of the powers conferred on them.

7. In the case of cumulation of offences relating to the same subject in a single procedure, it shall be the body responsible for imposing the penalty for all such offences, whichever is the case for the imposition of the highest, compliance with the attribution of sanctioning powers carried out in the preceding paragraphs.

8. The power to agree to the ancillary sanctions established in this Law shall be the responsibility of the person to impose those of a principal character from which they derive.

Article 49. Warning and recommendation actions.

Notwithstanding the provisions of the previous article, the Inspection of Labor and Social Security, in accordance with the provisions of Articles 17.2 of ILO Convention 81 and 22.2 of ILO Convention 129, ratified by the State Spanish by Instruments of 14 January 1960 and 11 March 1971, respectively, where the circumstances of the case so advise and provided that no direct damages are caused to the workers, may warn and advise, instead of initiating a sanctioning procedure; in these cases it will account for its actions to the authority competent work.

Article 50. Infringements for obstruction of the inspector's work.

1. The offences for obstruction of the inspector's work are described as minor, serious and very serious, in the light of the nature of the duty of collaboration infringed and of the entity and consequences of the action or omission of obstruction on the action of The Inspection of Work and Social Security, as described in the following numbers.

2. The actions or omissions which disturb, delay or impede the exercise of the functions which, in order to monitor compliance with the laws, regulations and collective agreements, are entrusted to the Labour Inspectors and Social Security and the Subinspectors of Employment and Social Security shall constitute obstruction of the inspector's work which shall be classified as serious, except for the cases referred to in paragraphs 3 and 4 of this Article.

3. They are minor infractions:

(a) Those that imply a mere delay in the fulfilment of the obligations of information, communication or appearance, unless such obligations are required in the course of an inspection visit and are referred to documents or information to be worked or provided in the workplace.

b) The lack of the Labour Inspection and Social Security Inspectorate in the workplace.

4. They will be qualified as very serious infringements:

(a) The actions or omissions of the employer, his representatives or persons in his or her organisational sphere, which are intended to prevent the entry or stay in the labour centre of the Labour and Social Security Inspectors and of the Subinspectors of Employment and Social Security, as well as the refusal to identify or to identify or give reason for their presence on the persons who are in such a centre performing any activity.

(b) The assumptions of coercion, threat or violence against the Labour and Social Security Inspectors and the Subinspectors of Employment and Social Security as well as the reiteration in the conduct of obstruction of the

c) Failure to comply with the duties of cooperation with officials of the system of labour inspection and social security under the terms laid down in Article 11.2 of the Law of the Labour Inspectorate and Social Security.

5. The obstructions to the inspection shall be sanctioned in accordance with the provisions of this Law, by the competent authority in each case according to the material order of action of which the obstruction is caused or the obstruction is derived.

6. Without prejudice to the foregoing, the Labour and Social Security Inspectorate may, if necessary, obtain from the competent authority or its staff the appropriate assistance for the normal performance of its duties.

CHAPTER VIII

Sanctioning Procedure

Article 51. Applicable rules.

1. It is up to the Government to issue the Special Procedure Regulation for the imposition of social order sanctions.

2. The sanctioning procedure, common to all public administrations, shall be in accordance with the provisions of this Law and in the fourth provision of Law 42/1997 of 14 November 1997, the authorising officer of the Labour and Social Security Inspectorate, The provisions of Law 30/1992, of 26 November, which regulates the Legal Regime of Public Administrations and the Common Administrative Procedure, are of subsidiary application.

Article 52. Principles of processing.

1. The procedure will follow the following procedures:

(a) It shall be initiated, on its own initiative, by the Act of the Inspection of Labour and Social Security, by virtue of acts of trade, on its own initiative or through denunciation, or at the request of a person concerned.

(b) The minutes shall be notified by the said Inspection to the responsible person or subjects, who shall have a period of 15 days in which to make any allegations which he considers relevant in defence of his right, to the competent body. to dictate resolution.

(c) After the appropriate time limit and the necessary steps have been taken, if any arguments have been made, the person concerned shall be given a further hearing at the end of eight days, provided that the proceedings are taken existence of facts other than those incorporated in the minutes.

(d) In the light of the action, the competent authority shall issue the relevant decision.

2. The procedure for imposing penalties for minor and serious infringements, as referred to in Article 48 (5) of this Law, shall be initiated on its own initiative by the relevant entity or by communication to the same inspection of the Labour and Safety Inspectorate. Social; the entity or the corresponding organ of the Autonomous Community shall notify the charges to the person concerned, giving him a hearing, subject to the procedure to be established.

Article 53. Content of the minutes and the documents initiating the file.

1. The acts of infringement of the Labour and Social Security Inspectorate shall reflect:

(a) The facts found by the Inspector of Labour and Social Security or Deputy Inspector of Employment and Social Security, who motivated the act, highlighting the relevant ones for the purpose of the determination

and criminalization of the violation and the graduation of the penalty.

b) The infraction that is imputed, with expression of the violated precept.

c) The qualification of the offence, in its case the graduation of the sanction, the proposal of sanction and its quantification.

(d) In the cases where there is a possible solidarity responsible, this shall be stated, the legal basis of that responsibility and the same data required for the principal person.

2. The facts established by the officials of the Labour and Social Security Inspectorate, which are formalised in the infringement proceedings, shall be presumed, without prejudice to the conditions laid down in the previous paragraph, to be certain. the evidence to be provided by the interested parties in defence of the respective rights and interests.

The same evidentiary value is attributed to the facts reviewed in reports issued by the Labor and Social Security Inspectorate, in the specific cases referred to in the Law of the Inspection of Labor and Safety Social, consistent with the checks carried out by the company, without prejudice to its contradiction by those interested in the way they determine the applicable procedural rules.

3. The minutes of the settlement of social security contributions and the acts of infringement in that matter, where they relate to the same facts, shall be carried out at the same time by the Labour and Social Security Inspectorate and shall be dealt with in accordance with the procedure set out in the relevant regulations.

4. In the case of documents for the initiation of sanctions by the managing bodies or the corresponding departments of the Autonomous Communities, the persons concerned shall be notified of the facts or omissions which they are alleged to have committed. committed, their qualification and the proposed sanction, with the expression of the deadline for them to make representations.

Article 54. Resources.

Against resolutions placed in the sanctioning proceedings, the legal and administrative resources that are legally applicable may be brought.

Additional disposition first. Update of the amount of penalties.

The amount of the penalties provided for in Article 40 of this Law may be regularly updated by the Government, on a proposal from the Minister of Labour and Social Affairs, taking into account the variation of the indices of consumer prices.

Additional provision second. Higher Body of Labor and Social Security Inspectors.

The additional provision of Law 8/1988, of 7 April, in its current wording, will be repealed in each autonomous territory when the respective agreement with each Autonomous Community referred to in Article 17 is achieved. of Law 42/1997 of 14 November 1997, authorising officer of the Labour and Social Security Inspectorate, in accordance with the provisions of paragraph 2 of its repeal provision.

Single repeal provision. Regulatory repeal.

1. Any provisions of equal or lower rank shall be repealed as opposed to the provisions of this Law.

2. The following provisions are expressly repealed:

(a) Law 8/1988 of 7 April on Infringement and Sanctions in the Social Order, without prejudice to the provisions of the second provision of this Law.

b) Of the Law of the Workers ' Statute, recast text approved by Royal Legislative Decree 1/1995, of March 24, Title IV, Articles 93 to 97.

(c) Of Act 31/1995 of 8 November of the Prevention of Occupational Risks, paragraphs 2, 4 and 5 of Article 42, and Articles 45 to 52.

(d) of Law 14/1994 of 1 June, for which temporary work enterprises are regulated, Chapter V, Articles 18 to 21.

e) Of Law 10/1997 of 24 April on the rights of information and consultation of workers in Community-scale undertakings and groups, Chapter I of Title III, Articles 30 to 34.

(f) Law 27/1999, of 16 July, of Cooperatives, Articles 114 and 115.

(g) Law 45/1999 of 29 November on the posting of workers in the framework of the provision of transnational services, Articles 10 to 13.

3. The references contained in the legislation in force to the provisions and precepts expressly repealed in the preceding paragraph shall be construed as being made to this Law and to the provisions of this Law governing the same matter.

Single end disposition. Character of this Act.

This Law, as well as its regulatory development standards, constitute legislation issued under Article 149.1.2., 7. ª., 17. and 18. of the Spanish Constitution.