Social criminal law
Social criminal law
The Social Penal Code penalizes violations of the legal provisions of labor and social security law.
Our specialized team consists of experts in labor and criminal law who combine their knowledge and practical experience to provide you with optimal guidance and assistance.
The distinction of violations is made according to 4 levels. Each level is sanctioned differently. There are general sanctions and special sanctions. The general sanctions are: an administrative fine or a criminal fine and/or imprisonment. The special sanctions are: an operating ban, a temporary business closure or a professional ban. The latter can only be imposed for Level 3 or Level 4 offenses. A combination of both sanctions is not possible.
For a Level 1 violation, there is no prosecution by the prosecution.
For Level 2, 3 and 4 violations, the court prefers the criminal prosecution to the administrative prosecution. When criminal prosecution is chosen, the application of the administrative fine is excluded.
Level 1: Light violations
Minor violations are punishable by an administrative fine of 50 to 500 euros.
Examples of minor violations of the legal provisions of labor and social security law include: failure to comply with simple administrative obligations, failure to include certain elements in an employment contract for temporary work,...
Level 2: Infractions of moderate severity.
Infractions of moderate severity are punishable by either a criminal fine of 50 to 500 euros or an administrative fine of 25 to 250 euros.
Examples of these violations include: when annual leave is not observed, when labor regulations are not established,...
Level 3: Serious violations
Severe violations, like Level 2 violations, are punishable by either a criminal fine of 100 to 1,000 euros or an administrative fine of 50 to 500 euros.
Examples of these violations include: failure to provide work accident insurance, employing part-time workers outside the hours specified in the work schedule,...
Level 4: Very serious violations
Finally, there are Level 4 violations, which are the very serious violations. These are punishable by either a prison term of six months to three years and/or criminal fines of 600 to 6,000 euros or an administrative fine of 300 to 3,000 euros.
Examples include: undeclared work, child labor, the employment of illegal immigrants,...
The amounts of this fine have yet to be multiplied by the opdeciemen. Currently, the opdeciemen are equal to 8.( fine amount x8)
Repetition?
When new offenses are committed, within the year following the conviction for a previous social justice offense, the maximum amounts of penalties may be doubled.
- You are suspected of a social crime
- Your company got the labor inspection over the floor
- You received an invitation for questioning for undeclared work
- There are problems with your employees' DIMONA returns
- You are suspected of false self-employment
- ...
