Failure to comply with the legal provisions regarding requirement to apply Failure to register new employees with Social Security can have serious financial consequences for employers who hire workers.
Workplace Accident
This Carlos's Law Firm in Alicante León Bathroom He has addressed these issues on numerous occasions.
It's strange that this could happen in a certain segment of the business community, but it does happen to small businesses that struggle to make ends meet.
In the sector of domestic workers It happens far too often.
Social Security contributions Per employee, this represents a high cost for the company—about 30% of the contribution base—which is why compliance with this requirement is sometimes evaded in a highly reckless and irresponsible manner mandatory nature for various reasons and in Carlos Baño León's Law Firm in Alicante We have witnessed this.
The employee himself is often unaware of this, although this is becoming increasingly rare given his ability to access information about his employment history.
When we learned of these circumstances our law firm in Alicante We have warned about the significant risks the risk faced by a business owner who acts this way, since it is not unusual for such situations to arise work-related incidents or accidents which will require the social security system protection thereafter, and that the offending business owner will be required to pay it.
Given the likelihood of these accidents and even more so when you're in this situation of if the worker is not registered, always at Lawyers in Alicante We warn of the the extremely serious economic and personal consequences that this may entail for the non-compliant business owner, and we put our experience to work for those who seek our advice.
Now we'd like to share a case of work-related accident as a result of a traffic accident, which has just been added to our law firm in Alicante on January 7, 2022, and it is a clear example of what we're saying; we're publishing it so that people can read it and avoid these situations.
Our client was hired verbally by a small pizza and kebab restaurant in Alicante in late November 2021 as home delivery driver and he was asked to provide the documentation needed to complete the Social Security enrollment process.
Traffic Accident
Our client submitted the documentation and began working as usual until December 26, 2021, when, while delivering an order to a customer’s home, he suffered a traffic accident When a vehicle ran a stop sign and he had to swerve to avoid it, he fell off his motorcycle and sustained an injury consisting of a sprained lateral collateral ligament.
Unfortunately, the driver fled the scene, but several people came to his aid. Although they offered to take him to the hospital, he preferred to notify his boss first, who told him he would take him to the workers’ compensation office immediately. Obviously, when you are enrolled in Social Security, work-related accidents are processed through the Workers' Compensation Insurance Companies, which are the ones that will provide health care and financial support.
Since this case involves a work-related accident The competition, therefore, was for the Mutual Insurance Companies That's why the businessman told him not to do anything—he was coming to pick him up.
His employer came and took him to the hospital, and that's when he admitted that he hadn't officially let him go and promised to pay him whatever was necessary, asking him not to report him, knowing full well that he was at fault.
As the days went by, our client unfortunately experienced a series of complications that will require a long recovery period because, following the initial diagnosis of a possible bone fracture, on January 3, 2022, a new diagnosis was made after an X-ray revealed an avulsion fracture, requiring his entire leg to be immobilized once again.
Now, he is not receiving any income, and of course, if he were to become disabled, he would find himself completely helpless.
In this situation, our criminal defense attorneys They will initiate proceedings both in criminal court (Art. 311 of the Penal Code: crimes against workers’ rights) and in labor court to obtain recognition of the employment relationship, and recognition of a work-related accident within the framework of an employment relationship that will have to be declared; in addition to all this, criminal proceedings will be initiated because the employer has allegedly committed a crime against workers’ rights.
According to case law and labor legislation, an employer’s failure to comply with the obligation to enroll, register, and make contributions does not prevent automatic enrollment in the system; quite the contrary, it will be the employer in violation who must pay the benefits, without prejudice to the obligation of the Workers’ Compensation and Occupational Disease Mutual Insurance Companies—or, where applicable, the Social Security administrative agencies—to advance the amount up to the established legal limit.
If, as we hope, the proceedings that Carlos Baño León's Law Firm in Alicante If they go through with this, the employer will have to cover the cost of the employee’s sick leave, as well as any future costs should the employee ultimately suffer any lasting effects or disability; this, combined with a series of substantial fines, Social Security payments, and, ultimately, criminal liability as the perpetrator of a crime and the resulting civil liability.
