17-01-2022

Today the new amounts of sanctions for labor infractions come into force

Law 10/2021, Jul. 9, on remote work, modified article 40 LISOS, to increase all sanctions by 20% , with effect from October 1, 2021, and only for infractions committed from that date. moment.

Labor relations and employment offenses

	medium grade	medium grade	max degree
minor offenses	€70 to €150	€151 to €370	€371 to €750
Serious offenses	€751 to €1,500	€1,501 to €3,750	€3,751 to €7,500
Very serious offenses	€7,501 to €30,000	€30,001 to €120,005	€120,006 to €225,018

Infringements regarding occupational risk prevention

	medium grade	medium grade	max degree
minor offenses	€45 to €485	€486 to €975	€976 to €2,450
Serious offenses	€2,451 to €9,830	€9,831 to €24,585	€24,586 to €49,180
Very serious offenses	€49,181 to €196,745	€196,746 to €491,865	€491,866 to €983,736

Amounts of sanctions as of October 1, 2021

With effect from October 1, 2021, and only for infractions committed from that moment, the amounts of the sanctions for labor infractions included in art. 40 SMOOTH, modified by disp. final 1st of Law 10/2021, are the following (final provision 14th Law 10/2021):

A) Violations in matters of labor relations and employment, in matters of Social Security

Without prejudice to the provisions of art. 40.3 LISOS, in terms of migratory movements and work by foreigners, in terms of temporary work companies and user companies, except those that refer to matters of occupational risk prevention, which will be framed in art. 40.2 SMOOTH, as well as infractions for obstruction will be sanctioned :

a) The mild ones , in their minimum degree, with fines of 70 to 150 euros; in its medium grade, from 151 to 370 euros; and at its maximum degree, from 371 to 750 euros.
b) Serious offenses with a fine, in its minimum degree, from 751 to 1,500 euros, in its medium degree from 1,501 to 3,750 euros; and in its maximum degree from 3,751 to 7,500 euros.
c) The very serious with a fine, in its minimum degree, from 7,501 to 30,000 euros; in its medium grade from 30,001 to 120,005 euros; and at its maximum degree from 120,006 euros to 225,018 euros.
d) The infractions indicated in articles 22.3, 23.1.b and 23.1.k will be sanctioned:
- 1º The serious infraction of article 22.3 will be sanctioned with the following fine: in its minimum degree, with a fine of 50 to 65% of the amount of the Social Security contributions and other concepts of joint collection not paid, including surcharges, interests and costs; in its medium degree, with a fine of 65.01 to 80%; and in its maximum degree, with a fine of 80.01 to 100%.
- 2º The very serious infraction of article 23.1.b will be sanctioned with the following fine: in its minimum degree, with a fine of 100.01 to 115% of the amount of the Social Security contributions and other concepts of joint collection not deposited, including surcharges , interest and costs; in its medium degree, with a fine of 115.01 to 130%; and in its maximum degree, with a fine of 130.01 to 150%.
- 3º The very serious infraction of article 23.1.k will be sanctioned with the following fine: in its minimum degree, with a fine of 100.01 to 115% of the amount of the Social Security contributions not paid and deducted from the workers or of the excess of legally provided discount, including surcharges, interest and costs; in its medium degree, with a fine of 115.01 to 130%; and in its maximum degree, with a fine of 130.01 to 150%.
e) The infractions indicated in articles 22.2, 22.7.a, 22.16 and 23.1.a will be sanctioned :
- 1º The serious infraction of articles 22.2, 22.7.a and 22.16 will be sanctioned with the following fine: in its minimum degree, from 3,750 to 7,500 euros; at its medium level, from 7,501 to 9,600 euros and, at its maximum level, from 9,601 to 12,000 euros.
- 2º The very serious infraction of article 23.1.a will be sanctioned with the following fine: in its minimum degree, from 12,001 to 30,000 euros; in its medium degree, from 30,001 to 120,005 euros and, in its maximum degree, from 120,006 to 225,018 euros. However, when on the occasion of the same inspection action several infractions of those contemplated in this section are detected, the sanction that is proposed for each of them, graduated according to the criteria contained in article 39.2 that proceed, will be increased by:
  - – 20% in each infraction in the case of two workers, beneficiaries or applicants.
  - – 30% in each infraction in the case of three workers, beneficiaries or applicants.
  - – 40% in each infraction in the case of four workers, beneficiaries or applicants.
  - – 50% in each infraction in the case of five or more workers, beneficiaries or applicants. In no case, the amount corresponding to the offense provided for in article 22.2 may exceed 12,000 euros, nor the amount provided for in article 23.1.a) may exceed 225,018 euros for each of the offenses.
f) When the inspection action from which the obstruction derives was aimed at verifying the status of registration of the workers who provide services in a company and the breach of the employer’s obligations could lead to the commission of the typified infractions in articles 22.2 and 23.1.a, the infractions for obstruction will be sanctioned:
- 1º Those classified as serious: in their minimum degree, with a fine of 3,750 to 7,500 euros; at its medium level, from 7,501 to 9,600 euros and, at its maximum level, from 9,601 to 12,000 euros.
- 2º Those classified as very serious: in its minimum degree, with a fine of 12,001 to 30,000 euros; in its medium degree, from 30,001 to 120,005 euros and, in its maximum degree, from 120,006 to 225,018 euros.

The sanctions imposed for the very serious infractions typified in letters d), e) and f) of section 1 of article 16, and in letters a) and h) of section 1 of article 23, as well as the sanctions for obstruction classified as very serious in the previous paragraph, once firm, they will be made public in the manner provided by regulation.

B) Violations in occupational risk prevention

These infractions will be sanctioned:

a) The minor ones , in their minimum degree, with a fine of 45 to 485 euros; in its medium grade, from 486 to 975 euros; and at its maximum degree, from 976 to 2,450 euros.
b) The serious ones with a fine , in its minimum degree, from 2,451 to 9,830 euros; in its medium grade, from 9,831 to 24,585 euros; and at its maximum degree, from 24,586 to 49,180 euros.
c) The very serious ones with a fine , in its minimum degree, from 49,181 to 196,745 euros; in its medium grade, from 196,746 to 491,865 euros; and in its maximum degree, from 491,866 to 983,736 euros. The sanctions imposed for very serious infractions, once firm, will be made public in the manner determined by regulation.

Infringements, due to serious and very serious faults, of specialized entities that act as prevention services outside companies , of persons or entities that carry out the audit activity of the prevention system of companies and of entities accredited to develop or certifying training in occupational risk prevention, may lead, in addition to the fines provided for in the same article 40 LISOS, to the cancellation of the accreditation granted by the labor authority.

C) Sanctions in matters of Social Security

When the sanctions are derived from acts of infraction and liquidation that refer to the same facts and are practiced simultaneously, they will be automatically reduced to 50% of their amount if the offending subject expresses his agreement with the liquidation practiced, entering its amount within the term coming. This automatic reduction may only be applied in the event that the amount of the settlement exceeds that of the initially proposed penalty.

D) Violations regarding cooperatives

Cooperative infractions will be sanctioned:

a) The minor ones, with a fine of 450 to 905 euros.
b) The serious, with a fine of 906 to 4,545 euros.
c) The very serious, with a fine of 4,546 to 45,504 euros.

These amounts can be updated periodically by the Government, at the proposal of the Minister of Labor and Social Economy, taking into account the variation in consumer price indices.

2. Amounts of sanctions until September 30, 2021

A) Violations in matters of labor relations and employment, in matters of Social Security

Without prejudice to the provisions of art. 40.3 LISOS, in matters of migratory movements and work of foreigners, in matters of temporary work companies and user companies, as well as infractions for obstruction , the following will be sanctioned :

a) The slight ones, in their minimum degree, with a fine of 60 to 125 euros; in its medium grade, from 126 to 310 euros; and at its maximum degree, from 311 to 625 euros.
b) The serious with a fine, in its minimum degree of 626 to 1,250 euros; in its medium grade, from 1,251 to 3,125 euros; and at its maximum degree, from 3,126 to 6,250 euros.
c) The very serious with a fine, in its minimum degree of 6,251 to 25,000 euros; in its medium grade from 25,001 to 100,005 euros; and at its maximum degree, from 100,006 to 187,515 euros.
d) The infractions indicated in articles 22.3 and 23.1.b will be sanctioned:
- 1º The serious infraction of article 22.3 will be sanctioned with the following fine: in its minimum degree, with a fine of 50 to 65% of the amount of the Social Security contributions and other concepts of joint collection not paid, including surcharges, interests and costs; in its medium degree, with a fine of 65.01 to 80%; and in its maximum degree, with a fine of 80.01 to 100%.
- 2º The very serious infraction of article 23.1.b will be sanctioned with the following fine: in its minimum degree, with a fine of 100.01 to 115% of the amount of the Social Security contributions and other concepts of joint collection not deposited, including surcharges , interest and costs; in its medium degree, with a fine of 115.01 to 130%; and in its maximum degree, with a fine of 130.01 to 150%.
- 3º The very serious infraction of article 23.1.k) will be sanctioned with the following fine: in its minimum degree, with a fine of 100.01 to 115% of the amount of the Social Security contributions not paid and deducted from the workers or of the excess of the legally provided discount, including surcharges, interest and costs; in its medium degree, with a fine of 115.01 to 130%; and in its maximum degree, with a fine of 130.01 to 150%.
e) The infractions indicated in articles 22.2, 22.7 a), 22.16 and 23.1.a will be sanctioned :
- 1. The serious infringement of articles 22.2, 22.7 a) and 22.16 will be sanctioned with the following fine: in its minimum degree, from 3,126 to 6,250 euros; in its medium degree, from 6,251 to 8,000 euros and, in its maximum degree, from 8,001 to 10,000 euros.
- 2. The very serious infringement of article 23.1.a will be sanctioned with the following fine: in its minimum degree, from 10,001 to 25,000 euros; in its medium degree, from 25,001 to 100,005 euros and, in its maximum degree, from 100,006 to 187,515 euros. However, when on the occasion of the same inspection action several infractions of those contemplated in this section are detected, the sanction that is proposed for each of them, graduated according to the criteria contained in article 39.2 that proceed, will be increased by:
  - – 20% in each infraction in the case of two workers, beneficiaries or applicants.
  - – 30% in each infraction in the case of three workers, beneficiaries or applicants.
  - – 40% in each infraction in the case of four workers, beneficiaries or applicants.
  - – 50% in each infraction in the case of five or more workers, beneficiaries or applicants. In no case, the amount corresponding to the offense provided for in article 22.2 may exceed 10,000 euros, nor the amount provided for in article 23.1.a) may exceed 187,515 euros for each of the offenses.
f) When the inspection action from which the obstruction derives was aimed at verifying the status of registration of the workers who provide services in a company and the breach of the employer’s obligations could lead to the commission of the typified infractions in articles 22.2 and 23.1.a, the infractions for obstruction will be sanctioned:
- 1. Those classified as serious: in their minimum degree, with a fine of 3,126 to 6,250 euros; in its medium degree, from 6,251 to 8,000 euros and, in its maximum degree, from 8,001 to 10,000 euros.
- 2. Those classified as very serious: in its minimum degree, with a fine of 10,001 to 25,000 euros; in its medium degree, from 25,001 to 100,005 euros and, in its maximum degree, from 100,006 to 187,515 euros.

The sanctions imposed for the infractions foreseen in section e and those classified as very serious in section f, once firm, will be made public in the manner provided by regulation.

B) Violations in occupational risk prevention

These infractions will be sanctioned:

a) The slight ones, in their minimum degree, with a fine of 40 to 405 euros; in its medium grade from 406 to 815 euros; and at its maximum degree, from 816 to 2,045 euros.
b) The serious, with a fine, in its minimum degree of 2,046 to 8,195 euros; in its medium grade, from 8,196 to 20,490 euros; and at its maximum degree, from 20,491 to 40,985 euros.
c) The very serious with a fine, in its minimum degree, from 40,986 to 163,955 euros; in its medium grade from 163,956 to 409,890 euros; and in its maximum degree from 409,891 to 819,780 euros. The sanctions imposed for very serious infractions, once firm, will be made public in the manner determined by regulation.

The infractions, due to serious and very serious faults, of the specialized entities that act as prevention services outside the companies, of the persons or entities that carry out the audit activity of the prevention system of the companies and of the entities accredited to develop or certifying training in occupational risk prevention, may lead, in addition to the fines provided for in this article, to the cancellation of the accreditation granted by the labor authority.

C) Sanctions in matters of Social Security

When they derive from infringement and liquidation acts that refer to the same facts and are carried out simultaneously, they will be automatically reduced to 50% of their amount if the offending subject expresses his agreement with the liquidation carried out, paying the amount within the appropriate period.

D) Violations regarding cooperatives

Cooperative infractions will be sanctioned:

a) The minor ones, with a fine of 375 to 755 euros.
b) The serious, with a fine of 756 to 3,790 euros.
c) The very serious, with a fine of 3,791 to 37,920 euros.

These amounts can be updated periodically by the Government, at the proposal of the Minister of Labor and Social Affairs, taking into account the variation in consumer price indices.