Criminal Liability for Violating Labor Rights in the Spanish Penal Code

Criminal Liability for Violating Labor Rights (CP Articles 315-318)

Crimes Against Safety and Health at Work

The Spanish Penal Code addresses serious infractions concerning the safety and health of workers, protecting the juridical asset recognized in Article 40.2 of the Spanish Constitution (CE).

This protection is complemented by national legislation and international standards:

• Law on Infractions and Penalties in the Social Order (LISOS).
• General Health Law.
• Specialized Social Security Laws.

It is essential to take into account international standards, such as those established by the International Labour Organization (ILO).

Article 316: Intentional Crime (Tipo Doloso)

Article 316 sanctions actions that violate the rights to safety and health at work, involving a serious risk or danger. This occurs when the activity is performed without the necessary means, provided the conduct is intentional (dolosa). The protected asset is the safety and health of workers, and the crime is considered an eventual fraudulent type, focusing on health risks arising from labor activity.

Article 317: Reckless Crime (Tipo Imprudente)

Article 317 punishes conduct only when it is grossly negligent or reckless (imprudencia grave). The conduct must meet specific criteria:

1. Voluntary action, but not intentional.
2. Existence of negligence or an omission of duty.
3. Confirmation of a regulatory infraction or a result derived from experience.
4. A result of danger (unharmed result) consisting of causality in peril.
5. A clear relationship between the discussed performance and the application of risk.

Article 318: Ancillary Consequences

Article 318 allows for the application of ancillary consequences (medidas accesorias) established in Article 129 of the Penal Code, particularly applicable to legal entities (companies or associations).

Violation of Strike Rights and Freedom of Association (Article 315)

Article 315 contains criminal penalties for violating the rights recognized in Article 28.1 and 2 of the Spanish Constitution (CE), specifically the right to strike and freedom of association.

When the Crime is Committed

The crime is committed when, through deception or abuse of superiority, the outcome is preventing or limiting the exercise of the right to strike.

Legal Basis of the Right to Strike

The right to strike is protected by:

• The European Convention on Human Rights (1950).
• The New York Covenants on Social and Economic Rights (1966).
• The Law on Freedom of Association and Royal Decrees recognizing the right to conduct a serious strike.

Note that this right may be limited or avoided for specific groups, such as judges and military personnel, even within their associations.

Article 315.2: Aggravated Subtype

Article 315.2 addresses a strongly aggravated subtype involving violence or intimidation against the active subject (the worker exercising the right). The recognition of this crime requires intentionality and will on the part of the perpetrator (typically employers, managers, or institutions seeking to limit these rights).

Article 315.3: Coercion During a Strike

Article 315.3 punishes the action to compel or coerce another person to follow or continue a strike. According to legal doctrine, this is considered an intentional attempt because the behavior allows for individualization. While related to general coercion (Article 544), this specific provision addresses coercion within the context of labor disputes.