The Supreme Court says in a decision: fake job offers constitute an aggravated fraudulent chargebecause employment is first security good. He did so by upholding the sentence, which was sentenced by the Álava State Court to a businessman six and a half years in prison for committing crimes against workers’ rights in competition with fraud.
He acted as if he had created a doomed man. Transport cooperative proposal in 2010 amid the economic crisis work for carriers who need violating the minimum conditions of professional life workers, especially their social rights. While unemployed, he contacted many job seekers, and after that initial meeting he set up a meeting with them where he assured them they could join a business cooperative.
Agreed verbally with different workers a salary or advance of approximately EUR 1,800 per month, deducting Social Security contributions payable by the company. Workers simply signed the petition to join the cooperative and Application for registration in the self-employment regime Social Securitymany do not realize that they are not employed by others. All these conditions were accepted by the workers because of their economic need as they were unemployed.
Afterwards, social security contributions were not paid by the company despite the agreement and the agreement. working conditions Perception of wages other than agreed upon or none at all. Most of the carriers suffered because they did not receive it. additives their rights in the beginning were damaged by various expenses (fuel, car rental…) and also the time they spent in the cooperative.
long term unemployed
The sentence implies that the “imposition” of harmful conditions on the complainants occurs in two possible ways, through deception and in the case of abuse of obligation because they have to work urgently, many of which come from emergencies. more or less long-term unemployment and many had to work at an age which meant great difficulty in finding jobs in the labor market.
In this way, the cooperative was established not by the partners, but for the purpose of providing cheap labor, and moreover, because he made many appellants believe that he had signed an employment contract and in any case benefited from it, by fraud. the unstable economic situation in which everyone who signed a contract with him was in. this is everything, meant to deprive those who were not really partners of the appellant, however, since workers are not registered with the corresponding regime in addition to the worker rights recognized in the relevant collective agreement and the Labor Law, their social security rights are in General, but Self-Employed Special.
Hence, the Supreme Court states: “There was a recurring scam.” While there is the scam of imposing working and social security conditions on workers that absolutely violates their rights, there is also the deception of transferring workers who do a job with false beliefs or the appearance of real hiring. blatant harm inflicted on them by operating within the framework of employment, both in terms of their work and in justified pecuniary damage.