Labor Law Offenses and Worker Protection in Spain

Criminal Offenses Against Worker Rights

Illegal Migration Promotion (Art. 313)

Promoting or encouraging illegal migration within the European Union or facilitating the illegal entry of sufficient workers into Spain constitutes a crime.

Consummation: This offense does not require merely the result of the activity; the act of promotion or encouragement is sufficient.

Employment Discrimination (Art. 314)

This offense punishes discrimination in employment, referencing Article 14 of the Spanish Constitution. Examples include discrimination based on sex or ethnicity.

• Active Subject: The employer and those making decisions for the company.
• Passive Subject (Taxpayer): Workers who are discriminated against.
• Conduct: Causing serious discrimination in employment for reasons contrary to Article 14 of the Constitution.
• Requirement: A prior administrative requirement or sanction must exist, demanding an end to the discrimination, which the employer ignored.
• Consummation: The offense is consummated when the situation is not restored to equality despite the requirement.

Two elements are required: producing severe job discrimination and failing to restore the situation of equality. It is completed when the requirement is ignored.

Unlawful Employment Conditions (Art. 311)

This article addresses the basic conduct of imposing or maintaining conditions that remove or restrict the legal rights of workers. The criminal norm refers to:

• European Social Charter
• Workers' Statute
• General Law of Social Security
• Law on Infractions and Penalties in the Social Order
• Law on the Rights and Freedoms of Foreigners in Spain

The gravity of the facts is determined by the special use of the employer's position of power over the workers. The object of these rights includes working conditions and social security benefits.

In terms of social security, rights include healthcare, professional training, retirement, unemployment benefits, and family support.

Article 311 also punishes the maintenance of companies with unlawful conditions (aggravated form). Article 311.3 punishes such conduct when it occurs through violence or intimidation.

Illegal Trafficking of Persons for Labor (Art. 312)

This article covers the illegal trafficking of persons recruited for labor. It applies to those who recruit or induce individuals to leave their jobs through misleading or false employment or working conditions that harm their rights.