
Sanctions in the social order
In labor, safety and hygiene, employment or obstruction to inspection work.
The infractions are detected by the Labor and Social Security Inspection of Madrid, giving rise to sanctioning files of the Social Order that are processed and resolved by the General Directorate of Labor of the Community of Madrid.
Interested Party
The following are considered interested in the sanctioning procedure:
1.- The subjects responsible for the offense committed:
- Labor violations: Employers whose actions or omissions are contrary to labor regulations.
- Safety and hygiene infractions: Employers, entities that act as prevention services unrelated to companies, auditors and training in this matter and unrelated to companies, as well as promoters and owners of work and self-employed workers, whose actions or omissions are contrary to occupational risk prevention regulations.
- Employment Violations: Employers, workers and placement agencies, whose actions are contrary to the regulations governing employment, aid to promote employment in general and occupational training.
- Offenses for obstruction of inspection work: Employers, whose actions or omissions disturb, delay or prevent the exercise of the functions that, in order to comply with labor regulations, the Labor Inspection has entrusted.
2.- The workers who have suffered an accident at work or professional illness, as well as their heirs in the event of the death of the worker, and provided that the infraction record has been drawn up on the occasion of the aforementioned accident or illness, the General Directorate of Labor will notify them of the resolution confirmation issued.
3.- The legal representatives of the workers In the company, if the infraction included in the minutes constitutes a violation of the right to freedom of association or the rights of representation of the workers, a copy of the resolution issued will also be transferred to the legal representatives of the workers.
Processing
The sanctioning procedure is adjusted to the following procedures:
- It always begins by act of the Labor Inspection.
- The act will be notified by the aforementioned Inspection to the subject or subjects responsible for the infraction committed, who will have a period of 15 working days, from the notification of the act, to formulate the allegations that it deems pertinent in defense of its right before this Directorate General of work.
- Once the allegations have been made within the deadline, the General Directorate of Labor of the Community of Madrid may request a detailed report from the Inspector who prepared the minutes.
- The interested party will be given a new hearing within 8 business days, provided that allegations have been submitted.
- In view of the proceedings, and after the formulation of the corresponding Resolution Proposal, this General Directorate will issue a resolution imposing the corresponding sanction.
- Against the aforementioned resolution of the General Directorate, an appeal may be filed with the Vice-Minister for Employment within a period of one month, from the notification of the resolution imposing the sanction.
Payment of the sanction
Advance payment with a 40% reduction in the amount of the proposed pecuniary penalty: This payment can be made, which implies waiving the exercise of any action, allegation or resource in administrative channels and implicitly implies the acknowledgment of responsibility, upon request to the body instructing the procedure (General Directorate of Labor, Sanctions Service), which will send the corresponding letter of payment, for the voluntary payment of the reduced amount of 40%. Said payment must be made and accredited before the instructing body within a maximum period of 10 business days from the day following the notification of the payment letter.
The payment of the sanction can be made at once within the term indicated in the resolution or request an installment or deferral of payment based on transitory cash difficulties.
The request must be addressed to the General Directorate of Labour, Ministry of Economy, Employment and Finance, stating the sanction number for which the installment is requested and the desired payment schedule.
Regulation
Contact Us
If you need information about this procedure, you can write to sanctionsmadrid@madrid.org or call the phones:
91 704 10 14 91 704 10 16 91 704 10 18 91 704 10 22
91 704 10 38 91 704 10 40 91 580 44 98