The Government proposes up to six years in prison for hiring false self-employed


Step at the head of the coalition government against the hiring of false self-employed. Through an amendment registered this Friday in Congress by the parliamentary groups of the PSOE and Unidas Podemos, both corporations request a change in the Penal Code. The imposition of illegal conditions on workers”through their hiring under formulas unrelated to the employment contract“, as well as its maintenance “against a requirement or administrative sanction”, will be punished with prison sentences of six months to six years and a fine of six to twelve months.

Article 311 of the Criminal Code currently establishes the aforementioned prison sentences for those who impose “through deceit or abuse of necessity” illegal working conditions that harm, suppress or restrict the rights recognized to workers. They also apply to those who hire without a work permit or without registering in Social Security to a certain number of workers according to the size of the company.

The amendment proposed by the partners of the Government adds that “the same penalties will be imposed on those who impose illegal conditions on their workers by contracting them under formulas unrelated to the employment contract, or maintaining them against a requirement or administrative sanction”, which is justified as a technical improvement.

The most paradigmatic case of hiring fake freelancers It has occurred in the field of digital delivery platforms and home services, for which the Government agreed to a law with unions and employers that established the presumption of employees of their employees.

The called “Rider Law” In August it was one year with the resistance of some companies with Glovo to apply it, which has led to sanctions from the Labor Inspectorate. Have false freelancers constitutes employment fraud in accordance with the Law on infractions and sanctions of the social order, which establishes fines of between 3,000 and 10,000 euros. At present, it can also become a crime if the amount of the defrauded contributions to Social Security in the last four years add up to 50,000 euros.


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