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Source: Arrabe Asesores S.A. 12 May 2011

Analysis Decree-Law 5 / 2011 of 29 April on measures to stabilize and control of undeclared (BOE 05/06/2011)

This Royal Decree, the underground economy, open for the next three months a way for employers to regularize the status of your false self or any other illegal worker employed.

First stage: Development of a Plan that, exceptionally, and limited in time, would lead to the regularization of undeclared work.

1. Employers which work on an irregular basis for not applying for membership or registration initial Social Security, may rectify the situation from 7 May to 31 July 2011 (art. 1). Companies must apply for registration of workers in the relevant social security scheme within the prescribed period (Article 2).

2. Income from Social Security payments may be deferred.

3. These situations may be subject to penalties, with three exceptions: a) the termination of the contract employer of the worker regularized within six meses.b) that already has commenced an action in the company regarding Social Security, which has aimed at the actual situation referidas.c) that had been submitted reports or complaints to the Inspectorate of Labour and Social Security or Social petitions to the Court relating to such situations in the company.

4. Employers who have benefited from the adjustment procedure shall execute an employment contract with the worker by any contractual means permanent or temporary.

5. In the case of temporary contracts, the initial planned duration shall be not less than six months from the date of application for registration in Social Security.

6. In the employment contract to state expressly that hosts the regularization process (art.3.1).

Second Phase: Non-legal framework for regularization: Tougher penalties: Entrepreneurs who have opted for the voluntary process of regularization without meeting the requirements or that, even bringing them together, have carried out the termination of the employment contract within six months (not including dismissal for misconduct, resignation, death, retirement or total permanent disability, total or severe disability of the worker), will automatically lose the right to receive the benefits and effects of deferred income (social security delays, procurement, sanctions) with effect from the date of adjustment. They should also reimburse the subsidies, tax relief and, in general, the benefits of the implementation of employment programs, obtained as a result of this contratación.Los employers who violate the legal regime of the adjustment must come from the income security contributions Social origin; all without prejudice to the provisions in the regime of sanctions violations and Social Order (RD Leg 5 / 2000). After the period of voluntary adjustment process, the rule in Chapter II, provides a tightening of administrative penalties for fraudulent conduct related to the irregular employment or submerged. The new penalties are reflected in the following table:

Infringements on Social Security
Amount sanction
Edit. Art.22.2. No initial request membership or registration of workers entering the service or requesting the same, as a result of inspections, after the deadline. For this purpose is a violation for each worker
Extent: 3,126 to 6,250 €
Average rating: from 6,251 to 8,000 €
Maximum Rating: 8,001 to 10,000 €
(New art.40.1 e) 1 Leg RD 5 / 2000, published once final) was applied before art.40.1 b)
New art.22.11. The application for membership or registration of workers who enter their service outside the prescribed period, when NO act of intimidation alters inspection performance, or non-transmission or receiving the required use of display systems for computer, electronic or Telematics (formerly art.22.2)
Extent: 626 to 1,250 €
Average: 1,251 to 3,125 €
Maximum Rating: 3,126 to 6,250 €
(Art.40.1 b) RD Leg 5 / 2000, unchanged)
23.1) Provide employment as workers or asylum beneficiaries of pensions and other periodic benefits Social Security, whose enjoyment is incompatible with paid employment when they have not been released in the SS prior to the start of its activity.
Extent: 10,001 to 25,000 €
Average rating: from 25,001 to 100,005 €
Maximum Rating: 100,006 to 187,515 €
(New art.40.1 e) 2 º RD Leg 5 / 2000, and published once final) was applied before art.40.1 c): from € 6,251
Offences of obstruction
Offences of obstruction of inspection activities to verify the situation of high and failure could lead to infringement art.22.2 and 23.1 a): (new art.40.1 f) RD Leg 5 / 2000)
New art.40.1 f) 1 Leg RD 5 / 2000:

Minimally Grave: 3,126 to 6,250 €

Grave on average: 6,251 to 8,000 €

Maximally Grave: 8,001 to 10,000 €

New art.40.1 f) 2 nd Leg RD 5 / 2000 (published once final)

Very serious extent: 10,001 to 25,000 €

Very severe average: 25,001 to 100,005 €

Very serious in the highest degree: 100,006 to 187,515 €

This rule has come into force on 5.7.1911, but the measures provided for in Chapter II (Measures to combat irregular occupation once the voluntary process of regularization), which will come into force on August 1 2011.

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