One year in prison for failing to discharge 26 workers from a hostess club

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The supreme court has confirmed the conviction of one year in prison two owners of a hostess club in Peinador (Pontevedra) who had not registered 26 immigrant workers. In addition to the year in prison they will have to spend, the owners will also have to pay 27,886 euros to General Treasury of the Social Security.

The Criminal Chamber has handed down a sentence, which rejects the appeal that the condemned had presented against the resolution of the High Court of Justice of Galiciawhich had revoked the acquittal of the Court of Pontevedra.

The Supreme Court thus ratifies the sentence for a crime against workers rights one year in prison and fine of 4,320 euros in addition to the payment of compensation to the General Treasury of the Social Security of 27,886 euros.

A police intervention after…

It was a Social Security inspection visit together with a police intervention at dawn from November 12 to 13, 2015, which gave an account of the situation of the workers, all of them foreigners, mostly from Colombia, Dominican Republic and Brazil.

The inspectors verified that the women, some in irregular situation or with legal residencebut without work permitthey were carrying out hostess activities, that is, attracting or serving as a claim to customers to encourage them to always consume drinks during the opening hours of the premises.

They also practiced prostitution

Of the 38 people who were working on the premises that night, 26 were not dischargedall of them admitted to the premises not only to act as hostesses, but also to prostitute themselves, which they practiced in the rooms of the establishment, in which they lived, paying about 60 euros a day for full board.

They remained in the bar area voluntarily, where they received about 20 euros from customers per drink and, if they reached an economic agreement with them, they went up to the room that each one occupied to have sexual relations voluntarily, without them knowing. carried out by someone else or with the intervention of someone from the establishment.

The Supreme Court says that “there is no doubt that the activities that take place in a hostess club constitute an employment relationship for which the employer comes required to register with Social Security to their workers”. And, therefore, in the face of “professional and lawful activity” of hostess “it cannot be alleged that the appellants did not know of their obligation to register those women with Social Security”.

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