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Increase in sanctions by the Labour Inspectorate in Spain: now in force
On 1 October 2021, an increase in sanctions by the Labour Inspectorate took place. According to the 1st Final Provision of the Remote Working Act, the fines regulated in the Act on Offences and Penalties in the Social Order have been increased by 20 % of their value. This provision is already in force.
Companies will therefore need to be more cautious in monitoring their employment obligations. Caution for which the audit and monitoring of a legal team specialised in labour law may be essential.
What penalties have been increased?
In particular, the penalties increased by the entry into force of the 1st F.D. of Law 10/2021 are as follows:
Tipo | Grados | Sanción previa | Sanción actual | |
Infringements in the field of labour relations and employment, social security, migratory movements and foreign labour, temporary employment agencies and user companies and for obstruction | Minor | Minimum | 60 to 125 € | 70 to 150 € |
Medium | 126 to 310 € | 150 to 370 € | ||
Maximum | 311 to 625 € | 371 to 750 € | ||
Serious | Minimum | 626 to 1.250 € | 751 to 1.500 € | |
Medium | 1.251 to 3.125 € | 1.501 to 3.750 € | ||
Maximum | 3.126 to 6.250 € | 3.751 to 7.500 € | ||
Very serious | Minimum | 6.251 to 25.000 € | 7.501 to 30.000 € | |
Medium | 25.001 to 100.0005 € | 30.001 to 120.005 € | ||
Maximum | 100.006 to 187.515 € | 120.006 to 225.018 € | ||
Serious infringement of Articles 22.2, 22.7 a) and 22.16 of the LISOS with regard to contributions. | Serious | Minimum | 3.126 to 6.250 € | 3.750 to 7.500 € |
Medium | 6.251 to 8.000 € | 7.501 to 9.600 € | ||
Maximum | 8.001 to 10.000 € | 9.601 to 12.000 € | ||
Very serious infringement of Article 23.1.a) of the LISOS with regard to contributions. | Very serious | Minimum | 10.001 to 25.000 € | 12.001 to 30.000 € |
Medium | 25.001 to 100.005 € | 30.001 to 120.005 € | ||
Maximum | 100.006 to 187.515 € | 120.006 to 225.018 € | ||
Obstruction of the inspection work aimed at verifying the registration status of workers in the case of infringements typified in articles 22.2 and 23.1.a) of the LISOS. | Serious | Minimum | 3.126 to 6.250 € | 3.750 to 7.500 € |
Medium | 6.251 to 8.000 € | 7.501 to 9.600 € | ||
Maximum | 83.001 to 10.000 € | 9.601 to 12.000 € | ||
Very serious | Minimum | 10.001 to 25.000 € | 12.001 to 30.000 € | |
Medium | 25.001 to 100.005 € | 30.001 to 120.005 € | ||
Maximum | 100.006 to 187.515 € | 120.006 to 225.018 € | ||
Infringements in the field of occupational risk prevention | Minor | Minimum | 40 to 405 € | 45 to 485 € |
Medium | 406 to 815 € | 486 to 975 € | ||
Maximum | 816 to 2.045 € | 976 to 2.450 € | ||
Serious | Minimum | 2.046 to 8.195 € | 2.451 to 9.830 € | |
Medium | 8.196 to 20.490 € | 9.831 to 24.585 € | ||
Maximum | 20.491 to 40.985 € | 24.586 to 49.180 € | ||
Very serious | Minimum | 40.986 to 163.955 € | 49.181 to 196.745 € | |
Medium | 163.956 to 409.890 € | 196.746 to 491.865 € | ||
Maximum | 409.891 to 819.780 € | 491.866 to 983.736 € | ||
Infringements in the field of cooperatives | Minor | Minimum | 375 to 755 € | 450 to 905 € |
Serious | Medium | 756 to 3.790 € | 906 to 4.545 € | |
Very serious | Maximum | 3.791 to 37.920 € | 4.546 to 45.504 € |