Coinciding with the approval of the Law 10/2021 on distance work, the government has also modified article 40 of the Law on Infractions and Sanctions in the Social Order. A modification that will enter into force from October 1, 2021. In the first final provision of Law 10/2021, the modifications are established in relation to Infractions and Sanctions in the Social Order, some of which it has suffered increases in the amounts of fines, such as:
- Violations regarding labor relations and employment, Social Security, migratory movements and work of foreigners, temporary employment agencies and user companies, and obstruction.
- Do not request the initial affiliation or registration of workers who enter your service, or request the same, as a result of inspection action, outside the established period.
- Not requesting self-employed workers, their affiliation and up to three registrations within each calendar year, in the corresponding special Social Security regime, or request them after the established period, as a result of inspection action and without inspection action, as well as the rest of the registrations that, where appropriate, occur within each calendar year or request it after the deadline, when the omission generates non-payment of the corresponding contribution.
- Notify the withdrawal from a Social Security scheme of employed workers despite the fact that they continue the same work activity or maintain the same provision of services, using an undue registration in a regime of self-employed workers.
- Give occupation as workers to beneficiaries or applicants for pensions or other periodic Social Security benefits, whose enjoyment is incompatible with working for others, when they have not been registered with Social Security prior to the start of their activity.
- Infractions due to obstruction of the labor inspectorate in case of actions to verify initial affiliation or registration of workers who enter their services.
2. Violations regarding the prevention of occupational hazards
3. Infractions in matters of cooperatives
Non-retroactivity
Infractions in the social order committed prior to October 1, 2021 will be sanctioned in accordance with the sanction amounts provided for in the wording of the Article 40 of the LISOS in force at that time.
For any clarification in this regard, contact the Carrau Corporación labor department.
Joaquín Gavilá Cell
Head of Labor Department