Double action against the submerged employment: the process of stabilization and the establishment of dissuasive measures to the irregular occupation of workers (RDL 5/2011, of April 29)

Abstract

With the reservation, of the process of stabilisation of the immigration realised in 2005, nonmemory that on the part of the people in charge of the Ministry of Work took place a process of stabilisation of irregular workable situations, like that one begins with Real Decree Law 5/2011, of April 29, measures for the stabilisation and control of the submerged employment and promotion of the rehabilitation of houses. The measurement consists of two phases: on the one hand, in the period, 7 of May to 31 of 2011 July (voluntary process of stabilisation, not of amnesty) are tried to stimulate to the companies that workers occupy without to be registered in the Social Security, so that they recognize his irregular situation registering the workers, without sanction sets out to them some, with some conditions that will have to fulfill, between that are, the entrance of the quotes of the affected workers, giving facilities for it, by means of the possibility of postponed payment, as well as the obligation to subscribe a contract of work with the affected worker, with a minimum duration of six months.

On the other hand –second phase–, from the 1 of August of 2011, finalizes east voluntary period of stabilisation and very different, consisting of other begins the establishment of measures of stable character that dissuade to the companies in maintaining or to initiate activities that give rise to the submerged employment. Measures that contemplate –to the most showy increase– up to five times the quantity of the sanctions, the clarification of the different infractoras conducts and creation of other new ones, the presumption of conducts object of infraction by obstruction to the inspecting work, the application of accessory sanctions to serious infractions that previously were not to them applicable or, even the exclusion of being able to contract with the public sector by the commission of an infraction for want of discharge in the Social Security, as a result of the action of the Inspection of Work and Social Security.

One treats, really, of measures distributed in two very different actions, with many doubts in the effectiveness of first, and with a series of measures –second action– that try to dissuade to the companies in the option by the submerged employment.