Crime against the safety and health of workers

What is a crime against the safety and health of workers?

The protection of labor rights is one of the pillars of the Spanish legal system. Within this framework, crimes against worker safety, crimes against worker health, and crimes against workplace safety and hygiene serve an essential function: to criminally sanction those who jeopardize the physical integrity, health, or fundamental rights of their employees.

In this area, Nieto Enríquez Criminal Lawyers, a criminal law firm in Barcelona, stands out for its experience in defending and advising both companies and individuals involved in criminal investigations related to labor law.

Their knowledge of the Criminal Code and applicable case law allows them to offer a solid strategy from the early stages of the process, ensuring technical and rigorous support in especially sensitive situations.

Crimes against workers’ rights: general legal framework

Crimes against workers’ rights are regulated in Articles 311 to 318 of the Criminal Code. This set of provisions sanctions various unlawful acts related to labor activities.

When the actions are attributed to a company, the penalties fall directly on the administrators, managers, or responsible parties, as well as those who, knowing what happened and being able to avoid it, fail to take the necessary measures. Additionally, the legal entity may face ancillary sanctions such as closure of premises, judicial intervention, or suspension of activities.

Imposing irregular labor conditions

This crime punishes those who impose labor or social security conditions that harm or eliminate workers’ rights, using deception or abuse of necessity (Art. 311.1 Criminal Code).

Common examples:

• Not paying the agreed salary repeatedly.
• Forcing employees to work in unsanitary or dangerous environments.

The new employer who, after the transfer of a company, maintains fraudulent labor conditions knowing their illicit origin (Art. 311.3 Criminal Code) also commits a crime.

Penalties: 6 months to 6 years in prison and fines from 6 to 12 months, aggravated if violence or intimidation is used.

Hiring without social security or work permit

Article 311.2 of the Criminal Code sanctions the simultaneous hiring of workers without social security registration or work authorization when certain thresholds are exceeded:

• More than 25% of the workforce in companies with more than 100 workers.
• More than 50% in companies with 11 to 100 workers.
• All workers in companies with 6 to 10 employees.

In cases of company transfers, the new employer who maintains this situation is also punished.

Labor discrimination crime

Article 314 of the Criminal Code punishes serious employment discrimination based on ideology, sex, religion, language, illness, sexual orientation, or union status, as long as a prior requirement or administrative sanction has been violated.

• Penalties: 6 months to 2 years in prison or a fine from 12 to 24 months.

When is a crime against the safety and health of workers committed? (Art. 316 Criminal Code)

A crime is committed when a legally obligated person, by failing to comply with occupational risk prevention regulations, does not provide the necessary means for workers to perform their duties with the appropriate safety and hygiene measures, thereby creating a serious danger to their life, health, or physical integrity.

• If committed intentionally, the penalty is 6 months to 3 years in prison.
• If committed by gross negligence, a lesser penalty is applied (Art. 317 Criminal Code).

Key elements of the crime

• Failure to comply with occupational risk prevention regulations: The crime refers to external regulations like the Occupational Risk Prevention Act or sector-specific laws like the Building Organization Act.
• Legal obligation: This may fall on the employer, managers, prevention delegates, or agents involved in the work or activity.
• Creation of serious danger: It is not enough to have a formal violation; there must be a specific, serious risk to the worker’s life, health, or physical integrity.
• Intent or gross negligence: Intent requires knowledge and will; negligence must be gross.
• Active subject: While the responsibility generally falls on the employer, it may extend to managers, technicians, or even workers if they act with gross recklessness.