Act No. 8/1988 on infractions and sanctions in the social order, 7 April 1988
Annual Review of Population Law 15: 169-170
1988
ISSN/ISBN: 0364-3417 PMID: 12289301 Document Number: 380266
This Act sets forth infractions and sanctions with respect to labor and social security. Among other things, it classifies the following as very serious offenses: 1) unilateral decisions of employers involving discrimination, either favorable or adverse, in the matter of compensation, hours, training, promotion, and other labor conditions with respect to sex and kinship with other workers; and 2) establishment of conditions through advertising, offers of work, or any other means that constitute discrimination, either favorable or adverse, with respect to access to employment for reasons of sex or kinship with other workers. The following persons will also be considered to have committed very serious infractions: 1) employers who use foreign workers without having first obtained the proper work permit or its renewal; they will incur an infraction for each foreign worker so employed; 2) foreigners who exercise in Spain any lucrative, labor, or professional activity for themselves without having obtained the proper permit or renewed it; and 3) real or legal persons who promote, facilitate, or protect the work of foreigners in Spain without the proper work permit. The Act sets penalties for these infractions ranging from 500,001 pesetas to 15,000,000 pesetas depending on attenuating or aggravating circumstances. In addition, employers committing these infractions are 1) automatically to lose benefits derived from employment programs from the time the infraction was committed and 2) to be excluded from access to such benefits for a maximum period of one year.