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LAW 13/2012, OF 26 OF DECEMBER, OF FIGHTING MEASURES AGAINST ILLEGAL EMPLOYMENT AND SOCIAL SECURITY FRAUD

The Law of fighting measures against illegal employment and social security fraud was published in the Official State Gazette of 27 December 2012, modifying aspects of the following issues: outsourcing of services issues, social security aspects, and infringements and sanctions in the social order issues.

The Law of fighting measures against illegal employment and social security fraud was published in the Official State Gazette of 27 December 2012, modifying aspects of the following issues: outsourcing of services issues, social security aspects, and infringements and sanctions in the social order issues.

 
1.       Outsourcing of services issues.

 
The law modifies the contracting liability regime of the article 42 of the Statute of Workers Rights, increasing the period of time in which the main contractor can be jointly liable in social security and salary matters. The law specifies that the employers who contract services of their own activity or services which are provided on a continuing basis in their workplaces should verify the affiliation and registration to social security of each worker that they need during the period of the contract.

 
2.       Social security aspects.

 
The General law of social security is modified in the following matters: the possibility of reducing the infringements in social security issues by 50% if the offender indicates his agreement with the practiced liquidation and pays it on time; the employers’ obligations in the assumptions of the application of the suspension measures of contracts or the reduction of working hours of the article 47 of the Statute of Workers Rights; the social security special contribution agreements in the cases of collective dismissals; and companies registrations and affiliation, registrations, cancelations and variations of the workers’ data in social security.

 
Regarding the benefit in Social Security which modifies the Royal Decree-Law 20/2012, of 13 July 2012, of measures to guarantee budgetary stability and boosting competitiveness, and in relation to benefit suppression, the Law 13/2012 establishes that from 15 July 2012 the elimination of some benefits that are recorded in the following laws won’t be applicable: Law 44/2007, Royal Decree 1451/1983, Law 10/1994, Ministerial decree from Ministry of Social Affairs and Labour of 16 October 1998, Royal Decree 290/2004, Royal Decree-Law 5/2006.

 
3.       Infringements and sanctions in the social order issues.

 
The law introduces some infringements that are not in the previous text, and in the same way recent developments in the application of sanctions have been established, particularly, the regime of the application of accompanying sanctions is specified in more detail.

To do it, the law gives the Labour inspectorate the necessary competences to detect and sanction situations of illegal employment and social security fraud.