Criminal Lawyers in Crimes Against Workers' Rights

Crimes against workers' rights (Arts. 311 to 318 CP) protect a collective legal interest of maximum constitutional relevance: the dignity of the working person and the set of labor rights recognized in Arts. 35, 40 and 43 SC. These criminal types protect essential rights such as freedom of contract, minimum wage, working hours and rest, union freedom, non-discrimination and occupational health and safety. Supreme Court doctrine has consolidated the autonomous and multi-offensive nature of these figures vis-à-vis labor administrative law: criminal sanction neither excludes nor absorbs Labor Inspectorate sanction (LISOS and RDL 5/2000), creating a dual system with growing coordination between the specialized labor crimes Prosecutor's Office and the Inspectorate.

The typical modalities are diverse. Art. 311 CP sanctions imposing working conditions that harm, suppress or restrict rights recognized by law, collective agreement or individual contract, including retention of personal documents, artificial debts or threats of administrative complaint. Art. 312 CP typifies illegal labor trafficking, including fraudulent recruitment, false employment promises and hiring of foreigners without permits in conditions that harm their rights. Art. 313 CP punishes clandestine immigration for labor purposes. Art. 314 CP sanctions serious discrimination in public or private employment by reason of sex, ideology, religion, ethnicity, sexual orientation or family circumstances. Art. 315 CP protects union freedom and the right to strike. Arts. 316-317 CP typify serious and very serious violations of occupational risk prevention regulations (Act 31/1995) that endanger the life, health or physical integrity of workers. Special mention deserves Art. 307 ter CP: fraud in public system benefits (unemployment, ERTEs, Social Security benefits).

The statutory penalties are severe and cumulative. Imposing illegal conditions (Art. 311 CP) carries 6 months to 6 years' prison and 6 to 12 months' fine; aggravated (Art. 311.5 CP) with violence or intimidation, with the penalty raised by one degree. Labor trafficking (Art. 312 CP) carries 2 to 5 years' prison and 6 to 12 months' fine. Serious discrimination (Art. 314 CP) carries 6 months to 2 years' prison or fine. Intentional safety regulation infringement (Art. 316 CP) carries 6 months to 3 years' prison and 6 to 12 months' fine; the negligent modality (Art. 317 CP) reduces penalties. Fraud in ERTEs and benefits (Art. 307 ter CP) can reach 6 months to 6 years' prison when exceeding €50,000 or with criminal organization. The legal entity responds autonomously (Art. 318 CP), facing substantial fines, activity suspension and prohibition from contracting with the Administration.

The technical defense rests on four consolidated axes. First, the distinction between administrative infringement and crime: not every Workers' Statute or LISOS violation is a crime; case-law requires the conduct to reach the typical threshold of criminal severity, excluding merely formal or minor irregularities. Second, in health and safety, the chain of attribution: criminal liability under Art. 316 CP requires proving that the person charged (employer, technician, supervisor) had effective competence on prevention and omitted the regulatorily required measures; effective delegation in a PRL technician with autonomy and means mitigates or excludes responsibility. Third, in ERTEs and benefits, challenging defrauding intent: management errors in an exceptional context (pandemic, fluctuating regulations) lack the specific intent required; timely regularization with refund is a qualified mitigating factor (Art. 21.5 CP). Fourth, evidentiary nullity of Labor Inspectorate reports obtained without procedural guarantees.

In current forensic practice we observe an explosion of proceedings linked to three focuses: COVID-19 ERTE fraud (thousands of active cases by UDEF and Anti-Corruption, with 5-year statute of limitations keeping most cases alive); serious workplace accidents (construction falls, entrapments, chemical exposure), where the Prosecutor's Office coordinates with the Labor Inspectorate and technical expert evidence; and labor exploitation in intensive sectors (agriculture, hospitality, domestic work, digital platforms). Act 12/2021 (Rider Law), Organic Law 10/2022 on Sexual Freedom, Act 2/2023 on whistleblowers, Organic Law 1/2025 on Justice Service Efficiency, and Directive 2024/2831 on platform work, configure an evolving regulatory framework. At Alonso Sala, with more than 15 years of experience, we intervene both in defense of employers, administrators and PRL technicians, and in private prosecution for victim workers of exploitation, coordinating technical, forensic accounting and comparative labor law expertise.