Blog category
Labor Crimes
7 articles on labor crimes: penalties, case law and defense strategy. See the practice area →
Offences against Union Freedom and the Right to Strike in Spain: Art. 315 CP
Art. 315 CP punishes anyone who prevents or limits union freedom or the right to strike through deceit, abuse of a situation of need or coercion. Elements of the offence in force, boundaries with Arts. 314 and 311 CP, liability under Art. 318 CP, limitation periods, the weight of a labour inspection report and lines of defence.
Workplace Discrimination as a Crime in Spain: Art. 314 CP Explained
Art. 314 CP punishes serious discrimination in employment with six months to two years in prison or a fine of twelve to twenty-four months, but only where, after an administrative order or penalty, equality is not restored and the financial harm is not repaired. Route, boundaries and defence.
Illegal Labour Trafficking in Spain: Art. 312 CP and Employers
Art. 312 CP punishes with two to five years in prison illegal trafficking in labour, deceptive recruitment and the employment of foreign nationals without a permit under conditions that harm their rights. Criminal threshold, Art. 311 bis and employer defence.
Fatal or Injury Workplace Accident: the Concurrence Between Art. 316 and Reckless Homicide
When a workplace accident causes death or serious injury, the endangerment offence of art. 316 CP does not absorb the result: it concurs with the reckless offence.
The Labour Inspectorate: When the Employer Faces Criminal Liability
Obstructing or falsifying data before the Labour Inspectorate, and the offences against workers' rights (Arts. 311-318 CP): when criminal liability arises and how it is defended.
Workplace Safety Crimes: the Offence Against Workers' Safety (Art. 316 CP)
Arts. 316 to 318 CP punish whoever, being under a legal duty, fails to provide safety measures and thereby places workers' life or health in serious danger.
Crimes Against Workers' Rights: Legal Guide 2026
We analyse the keys to crimes against workers' rights (Arts. 311-318 CP), from unlawful employment to accidents caused by a lack of safety measures.
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