Lawyer in disciplinary proceedings

At Letslaw we are aware of the importance of the assistance and specialised advice required in disciplinary proceedings before the Social Jurisdiction, in which offences committed by both employers and employees in labour and social security matters are penalised.

The Penalty Procedure before the Social Jurisdiction is regulated in the Law of Infringements and Penalties in the Social Order (known as the LISOS), approved by Royal Legislative Decree 5/2000, which establishes the system of penalties and liability in the social order, with which infringements in labour and social order matters are penalised, as well as those related to the processes of liquidation of social security contributions.

At Letslaw we have specialist lawyers with extensive experience in Labour Law and Infringements before the Social Jurisdiction, an order in which the presence of a specialist lawyer is essential to carry out an in-depth analysis of the file and present the necessary allegations in order to avoid the imposition of sanctions of this type.

The procedure is initiated ex officio by means of an infringement report issued by the Labour and Social Security Inspectorate.

In a sanctioning procedure, companies and workers can be sanctioned for infringements in the social order such as:

• Non-payment of wages.
• Non-payment of overtime.
• Non-payment of Social Security contributions.
• Fraud in Social Security contributions and benefits.
• Lack of means of occupational risk prevention.

In the Social Order, sanctions never involve deprivation of liberty, but, depending on the seriousness of the infraction, economic sanctions may be applied, deprivation of rights or the imposition of a duty to Social Security.

The Labour Inspectorate is responsible for the control of compliance with labour and Social Security matters and will always ensure compliance, demanding, where appropriate, the relevant responsibilities that may arise.

Letslaw offers services to our clients in the field of Social Security Penalty Proceedings, including the following actions:

• Comprehensive advice on the possible existence of a sanctioning event in the Company.
• Advice and management before a Labour Inspection.
• Processing of complaints before the Social Security.
• Probative replies on the facts reported.
• Request for reduction.
• Management of all types of disciplinary proceedings.
• Processing of allegations and appeals.
• Full management of the sanctioning procedure until the end of the file.
• Appeals against sanctioning resolutions.
• Management of the time limits of the procedure: expiry and statute of limitations.
• Appeals for annulment of the procedure due to lack of guarantees and defencelessness.
• Legal assistance in the contentious phase before the Social Jurisdiction.

A Sanctioning Procedure in the Social Order is sometimes complicated to manage so it is advisable to have a reliable lawyer expert in Labour Law, from Letslaw we can help you to assert all the resources and guarantees that are available to the company and the citizen.