The recent reform introduced in Organic Law 14/2022 of December 22, 2022 could create legal uncertainty and displays technical defects in definition of infringing conduct.

Various articles defining offenses committed in the field of employment have traditionally been included in the Criminal Code. In the face of certain particularly serious infringements of employment rights, an attribution of criminal liability was brought into play, in an attempt to protect those rights, using the government’s most forceful means of coercion. This does not mean that criminal penalties have not been, and should not continue to be, the last resort for achieving co-active fulfillment of the law’s requirements. This point is actually made in the preamble to the recent Organic Law 14/2022 of December 22, 2022.

Criminal rules stand as the government’s last line of defense for constitutional and social laws, and the valid existence of citizens’ rights. The compelling effect of criminal rules is undeniable: a criminal penalty is much more punishing than administrative penalties and may cause offenders to be deprived of their freedom. For that reason, it needs to be thought out carefully which types of conduct are penalized and to what extent or how strongly. The Criminal Code has several rules, as we have mentioned, that contemplate offenses related to a breach of employment rights and do so under the last resort principle which must underlie any implementation of criminal measures. We are not...

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