Spain: New Labour Penalties Applicable as of 1 October 2021 & Other Updates in Labour Regulations

Published on 30 July 2021

The approval of Law 10/2021, of 9 July, on remote working (BOE 11 July 2021), modified the First Final Provision, Article 40 of Royal Legislative-Decree 5/2000 of 4 August, which approves the consolidated text of the Law on Infractions and Penalties in Labour Matters (Ley sobre Infracciones y Sanciones en el Orden Social or “LISOS”) in such a way that the amounts of the penalties indicated below shall increase as of 1 October 2021 as follows:

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Infractions in matters of labour relations and employment, Social Security, migration and foreign workers, temporary employment agencies and the companies which use them:

Serious infraction of Articles 22.2, 22.7.a and 22.16 of LISOS

Very serious infraction of Article 23.1.a of LISOS

Obstruction of labour inspection work regarding the registration status of workers + non-compliance with obligations that may give rise to the infractions foreseen in Article 22.2 of LISOS

In no case may the amount of the fine exceed EUR 12,000.

Obstruction of labour inspection work regarding the registration status of workers + non-compliance with obligations that may give rise to the infractions foreseen in Article 23.1.a of LISOS

In no case may the amount of the fine exceed EUR 225,018.

Infractions in matters related to the prevention of occupational hazards

Infractions in matters of cooperative companies

The remaining penalties foreseen in the regulations and not listed here have not been modified.

Note that these new amounts are established for infractions committed as of 1 October 2021. Infractions committed prior to said date will be punished in accordance with the version currently in force as of the date of the infraction.

Finally, with the approval of the new Law 10/2021, of 9 July, on remote work, the following labour regulations were modified:

  1. Royal Legislative Decree 2/2015, of 23 October, which approves the consolidated text of the Law on the Workers’ Statute: Articles 13, 23.1.a and 37.8.
  2. Law 36/2011, of 10 October, governing the labour jurisdiction: introduction of Article 138 bis.
  3. Royal Decree-Law 20/2020, of 29 May, which establishes the minimum living wage: Articles 7.1, 7.2, 19.4, 19.5, 19.6, 19.7 plus the introduction of 19.8.