Crimes Against Workers' Rights: Legal Guide 2026
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listIn this article
lightbulbKey Takeaways
- check_circleArt. 311 CP
- check_circleLabour exploitation
- check_circleEndangerment offence
- check_circlePrevention plan
Quick answer
Crimes against workers' rights (Arts. 311 et seq. CP) punish serious conduct of exploitation and endangerment that goes beyond a mere administrative infringement. Art. 311 punishes with prison of six months to six years those who, through deception or by abusing a situation of need, impose employment conditions that harm, suppress or restrict the rights recognised for workers. Art. 316 punishes the failure to provide the safety and health measures owed, placing the worker's life or physical integrity in serious danger; it is an endangerment offence that does not require an accident to occur. In the most extreme cases, exploitation may amount to human trafficking (Art. 177 bis).
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The Criminal Code protects the worker not only as an individual but as the holder of inalienable employment rights. Crimes against workers' rights (Arts. 311 et seq.) punish serious conduct of exploitation and endangerment, and are distinguished from mere administrative infringements by the seriousness of the attack on workplace safety and dignity. Our criminal lawyers experienced in crimes against workers' rights in Madrid can help you with this type of situation.
Labour Exploitation and Fraud
Article 311 punishes with prison sentences of six months to six years those who, through deception or by abusing a situation of need, impose on workers employment conditions that harm, suppress or restrict the rights recognised for them by legal provisions, collective agreements or an individual contract. This includes endless shifts with no rest, wages below the subsistence minimum, or the wholesale failure to register workers with the Social Security system.
Prison Penalties
The penalties are aggravated where violence or intimidation is used. In addition, criminal liability is not limited to the de jure director: it reaches the managers and de facto directors who allowed the situation.
Trafficking for the Purpose of Labour Exploitation
In extreme cases, labour exploitation crosses the line into Human Trafficking (Art. 177 bis). Where people are recruited, transported or housed using violence, deception or an abuse of vulnerability with the purpose of exploiting them through their labour (conditions of near-slavery), the penalty rises sharply to 5 to 8 years in prison. This offence protects human dignity itself, not only employment rights.
Crimes Against Safety and Health (Art. 316 CP)
This is the flagship offence in workplace accidents. Art. 316 CP punishes those who, being under an obligation to do so, fail to provide the safety measures necessary for workers to carry out their activity with adequate hygiene and safety standards, thereby placing their life or physical integrity in serious danger. It is an endangerment offence: an accident does not need to occur for there to be a conviction; it is enough to create the serious risk.
Defence Strategies
Faced with a charge for these offences, the defence must evidence compliance with the Occupational Risk Prevention Plan. Documentary evidence is vital (training records, the issuing of personal protective equipment), as is a safety expert report to show that the risk was not created by the company, but perhaps by the worker's own reckless conduct or by an unforeseeable cause.
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Frequently asked questions
What does Article 311 of the Criminal Code punish?expand_more
It punishes those who, through deception or by abusing a situation of need, impose on workers employment conditions that harm, suppress or restrict their rights recognised by law, collective agreement or contract (endless shifts, poverty wages, failure to register with the Social Security system). The penalty is prison of six months to six years, aggravated where violence or intimidation is used.
Does an accident have to occur for there to be an offence under Article 316 CP?expand_more
No. The offence against safety and health at work under Art. 316 CP is an endangerment offence: it is enough to fail, while being legally obliged, to provide the necessary safety measures and thereby place workers' life or physical integrity in serious danger. A conviction is possible even where no accident has materialised.
When is labour exploitation human trafficking?expand_more
Where people are recruited, transported or housed using violence, deception or an abuse of vulnerability with the purpose of exploiting them through their labour in conditions of near-slavery, the offence of trafficking under Art. 177 bis CP applies, with markedly more serious penalties, because it protects human dignity and not only employment rights.
Who can criminal liability reach within the company?expand_more
It is not limited to the de jure director. It also reaches managers and de facto directors who allowed or consented to the situation of risk or exploitation. The defence relies on evidencing compliance with the risk-prevention plan through documentary evidence (training, issuing of protective equipment) and a safety expert report.
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