The Government intends to penalize more companies that abuse the temporary hiring and for this it intends to increase the amount of the Labor Inspection sanctions. Currently, the maximum limit of a penalty for possible fraudulent hiring is 7.500 euros and the latest proposal from the Ministry of Labor is to raise this amount up to 10.000 euros; just as ‘La Información’ has advanced and EL PERIÓDICO has been able to confirm. The second vice president, Yolanda Diaz, continues to polish its labor reform to limit the eventuality and, in the same way that it puts at the service of companies contracts of up to three months to cover peaks of activity, it also increases penalties to prevent this from becoming a hole through which strain new fraud.
The Labor Inspection is one of the key pieces of the government’s offensive against fraud in temporary hiring. Well, currently the indefinite contract is already, by express definition in the status of workers, the default contract that every company should make to its employees. However, part of the current eventuality responds to a logic of saving costs by some companies and this contributes to Spain being, for years, the member state of the European Union with the highest rate of temporary workers (1 in 4 employees is not fixed).
That is why, beyond the regulatory changes that the Government may introduce to limit the causality of eventual contracts, one of the keys to putting it on paper is that there is someone to watch over it. And that someone is the Labor Inspectorate. Díaz has already increased since October 1 the 20% the amount of penalties And now, according to the latest draft presented to the social agents in the framework of the negotiation of the labor reform, it proposes a new upward revision for temporary cases.
According to the latest government proposal, the sanctions will increase from the current sanction amounts, which are between 750 euros and 7,500 euros, to between 1,000 and 10,000 euros. As detailed in the current Law on Infractions and Sanctions in the Social Order (SMOOTH), if the sanction finally pulls more towards 750 euros or more towards 7,500 euros depends on several factors, such as the number of workers detected in fraud, the dangerousness of the work, the resistance prior to a request from the ‘police labor’.
Labor Inspection periodically carries out specific action campaigns to hunt down fraud in temporary hiring, with special activity in the last year. According to the latest balance, the ‘labor police’ has forced Spanish companies to go from temporary to permanent 300,000 workers so far this year. In this line, the Council of Ministers approved last week the strategic plan of the Labor Inspection for the period 2021-2023, which, among others, reinforces the system of automated fines to detect fraud cases through data crossing. and impose sanctions.