This article criminalises the act of imposing working or social security conditions on workers that are deliberately deceptive, or which cause harm to, suppress or restrict the rights of workers. It further criminalises those who employ workers without registering them with the social security system, and those who employ workers without a work permit. These acts are penalised with six months to six years of imprisonment. In circumstances where these acts are accompanied by violence or intimidation, an aggravated sentence shall be imposed.
Art. 311. Prison sentences of between six months and six years and a fine of between six and twelve months shall be imposed on:
1. Those who, by means of deception or abuse of a situation of need, impose on the workers in their service working or social security conditions that are detrimental to, suppress or restrict the rights granted to them by law, by collective bargaining agreements or by individual contracts.
2. Those who simultaneosuly employ a number of workers without appropiately registering them with the social security system or, where appropiate, without having obtained the relevant work permit.
4. If the conduct described in the preceding section is accompanied by violence or intimidation, sentences of a higher degree shall be imposed.
Law / 23rd November 1995 /Spain / Spanish Criminal Code
The Spanish Criminal Code provides the criminal law framework in Spain, regulating the different crimes and offences, as well as the associated penalties. The Code criminalises human trafficking, as well as a number of serious offences against the rights of workers, including deceptive recruitment, imposing harmful working conditions on workers, or serious health and safety breaches endangering the health and lives of workers.
Since coming into force, the Criminal Code has been amended on several occassions. The Crime of human trafficking was only included in the Code, and therefore introduced to the Spanish criminal legislation in 2010, with Organic Law No. 4/2000. One of the last amendments, introduced by Organic Law No. 5/2010 of June 22, introduced the principle of criminal liability of legal entities. Previously, it was not possible to hold enterprises and other organisations criminally liable under Spanish legislation.