Labour law infringements and sanctions in the field of displacement in the context of transnational service provision within the scope of the European Union and the European Economic Area
Infringements and sanctions in the labour law are regulated by Royal Legislative Decree 5/2000 of 4 August, approving the consolidated text of the Law on Infringements and Sanctions in the Social Order (hereinafter, LISOS).
These are the infringements that companies moving workers to Spain may incur with regard to the matters that make up the hard core of labour legislation, which are those contained in Art. 3.1 of Directive 96/71 and additionally those provided for in Art. 3 of Law 45/1999 as mandatory rules of Spanish legislation that are applicable to these companies.
1.1 INFRINGEMENTS ON WAGES AND REMUNERATION
Failure to pay wages may give rise to the infringements described below and the sanctions set out in Section 3.1.
Infringements for non-payment of wages
Failure to pay wages and repeated delays in the payment of wages due is considered a very serious infringement under Art. 8.1 of the LISOS.
Infringements for payment of less than the legally established wages
It is included in the infringement provided for in Art. 7.10 of the LISOS, which classifies as a serious infringement the establishment of working conditions that are inferior, also in terms of wages, to those established by law or by collective agreement, both in terms of the amount of remuneration and the period of payment or the form of payment, unless they should be classified as very serious, in accordance with Art. 8 of the LISOS.
Infringements for incomplete wage receipts
Art. 7.3 of the LISOS establishes as a serious infringement the failure to include in the wage receipt the amounts actually paid to the worker, whereby wages are understood to be all of the economic payments made to workers, in cash or in kind, for the professional provision of labour services as an employee, whether they are paid for actual work, whatever the form of remuneration, or for rest periods that can be counted as work.
Infringements for incomplete wage receipts
Failure to have the receipt of wages of displaced workers available during the visit of the Labour and Social Security Inspectorate to the workplace is a breach of the provisions of Art. 6.2.b) of Law 45/1999, which constitutes a serious infringement of the provisions of Art. 10.2.b) of the LISOS.
Failure to provide the receipt of wages to displaced workers is a minor infringement in accordance with Art. 6.2 of the LISOS.
1.2 INFRINGEMENTS REGARDING WORKING HOURS, HOLIDAYS AND WORKING TIME
Non-compliance in matters of working hours, holidays and working time may give rise to the serious infringement provided for in Art. 7.5 of the LISOS described below and to the sanctions indicated in section 3.1.
This serious infringement is applicable when companies are found to have transgressed the rules and limits established by legislation or collective agreements regarding working hours, night work, overtime, supplementary hours, rest periods, holidays, leave, time recording and, in general, working time.
INFRINGEMENTS IN OCCUPATIONAL HEALTH AND SAFETY AND COVID 19
Non-compliance in matters of health and safety at work or occupational risk prevention may give rise to the infringements described below and the sanctions indicated in section 3.2.
It is a serious infringement according to Art. 12.1.b) and 12.6 of the LISOS when the company:
Failure to carry out medical examinations and medical tests and to communicate their results to the persons concerned is considered a serious infringement under Art. 12.2 of the LISOS.
If the company breaches the duty of confidentiality in the use of data relating to the health monitoring of workers, it would be committing a very serious infringement in accordance with Art. 13.5 of the LISOS.
In the case of companies moving workers to Spain, the infringements are those described in section 2.2 and the sanctions are those described in section 3.1.
The assignment of persons to positions whose conditions are incompatible with their personal characteristics or of those who are manifestly in transitory states or situations that do not match the psychophysical requirements of the respective positions, as well as their dedication to the performance of tasks without taking into account their professional capabilities in terms of health and safety at work is considered a serious infringement under Art. 12.7 of the LISOS, unless such cases result in a situation of serious and imminent risk for workers, in which case it is a very serious infringement in accordance with Art. 13.4 of the LISOS.
Failure to comply with the obligations regarding training and sufficient and appropriate information to workers about the risks of the workplace that may cause harm to health and safety and about the applicable preventive measures is considered a serious infringement under Art. 12.8 of the LISOS, unless this may result in a situation of serious and imminent risk, in which case it will be a very serious infringement in accordance with Art. 13.10 of the LISOS.
Exceeding the limits of exposure to harmful agents in the workplace which, in accordance with the regulations on the prevention of occupational hazards, gives rise to a risk of serious harm to the health and safety of workers, without adopting the appropriate preventive measures, is considered a serious infringement under Art. 12.9 of the LISOS, unless this may result in a situation of serious and imminent risk, in which case the infringement will be very serious in accordance with the provisions of Art. 13.6 of the LISOS.
The following shall also be serious infringements in this area:
Failure to take measures in emergency situations regarding first aid, fire-fighting and evacuation of workers is considered a serious infringement under Art. 12.10 of the LISOS.
When these conditions create a slight risk to the health and physical integrity of the persons concerned, they shall constitute a minor infringement in accordance with Art. 11.4 of the LISOS and when they create a serious risk, they shall constitute a serious infringement in accordance with Art. 12.16 b) of the LISOS.
The absence or lack of collective protection measures, such as handrails or skirting boards, or the lack of individual protection measures, such as the use of masks or safety belts, shall be considered a serious infringement in accordance with Art. 12.16.f) of the LISOS.
The lack of toilets or personal hygiene measures and the lack of cleanliness of the work centre or workplace, when this is habitual or when this results in risks to the physical integrity and health of the workers, shall be considered serious infringements in accordance with Art. 12.16 h) and 12.17 of the LISOS.
Failure to observe the specific rules on the protection of the safety and health of workers during pregnancy and breastfeeding and failure to observe the specific rules on the protection of the safety and health of minors constitutes a very serious infringement in accordance with Art.13.1 and 13.2 of the LISOS.
The following are very serious infringements for this reason:
Failure by employers and self-employed workers carrying out activities in the same workplace, or the employers referred to in Article 24.4 of Law 31/1995, of 8 November, on the Prevention of Occupational Risks (hereinafter "Law on the Prevention of Occupational Risks"), to adopt the necessary measures of cooperation and coordination for the protection and prevention of occupational risks, shall be a serious infringement, in accordance with Art.12.13 LISOS.
The lack of presence of preventive resources when this is mandatory or failure to comply with the obligations resulting from their presence shall be a serious infringement, in accordance with Art.12.15. b) LISOS.
Law 2/2021, of 29 March, on urgent prevention, containment and coordination measures to deal with the health crisis caused by COVID-19 establishes in its Art. 31. 4 that the officials of the Labour and Social Security Inspectorate, members of the Senior Corps of Labour and Social Security Inspectors, and of the Corps of Labour Sub-Inspectors, Occupational Health and Safety scale, are entitled to monitor and require, and where appropriate, issue infringement reports, in relation to compliance by the employer with the public health measures established in paragraphs a), b), c) of Article 7.1, and in paragraph d) thereof, when they affect workers.
According to this Article, the holder of the economic activity or, where appropriate, the director of the centres and entities shall:
This entitlement extends to the officials authorised by the Autonomous Communities to carry out technical verification functions, as referred to in Article 9.2 of Law 31/1995, of 8 November, on the prevention of occupational risks, in accordance with the powers attributed to them.
Art. 31.5 of said Law establishes that failure by the employer to comply with the obligations referred to in the previous section shall constitute a serious infringement, which shall be sanctionable under the terms, by the bodies and with the procedure established for serious infringements in matters of occupational risk prevention, by the revised text of the LISOS.
In the case of non-compliance by public administrations, the special procedure provided for in Royal Decree 707/2002, of 19 July, which approves the Regulations on the special administrative procedure for action by the Labour and Social Security Inspectorate and for the imposition of corrective measures for non-compliance in the area of occupational risk prevention within the scope of the General State Administration, or in the applicable regional regulations, shall be applied.
Breaches by subcontractors
Breaches by contractors
Non-compliance by construction developers
1.4 INFRINGEMENTS IN TRANSFER OF WORKERS AND TEMPORARY EMPLOYMENT AGENCIES
Infringements in the field of transfer of workers may give rise to the infringements described below and to the sanctions set out in section 3.1.
Pursuant to Art. 43 of the Workers' Statute, the hiring of workers for temporary assignment to another company may only be carried out through duly authorised temporary employment agencies under the terms established by law. Failure to comply with this obligation constitutes a very serious infringement in accordance with Art. 8.2 of the LISOS.
These infringements are regulated in Art. 19 bis, 19 ter and 19 quater of the LISOS.
It is a minor infringement not to provide the temporary employment agency with the data relating to the total remuneration established in the collective labour agreement applicable to the job in question, in order to be included in the contract for the provision of services.
1.5. INFRINGEMENTS REGARDING ACCOMMODATION OF WORKERS
When there is a legal obligation or a sectorial collective agreement to provide accommodation for workers, the LISOS provides for the infringements in cases of non-compliance regulated in Art. 11 and 12 of the LISOS. The sanctions penalties are those described in section 3.2.
The infringement of Art. 11.4 covers minor breaches of occupational risk prevention regulations when these do not have a serious impact on the physical integrity or health of workers.
When non-compliance with occupational risk prevention regulations on accommodation creates a serious risk to the physical integrity or health of the workers affected, these will be classified as serious infringements in accordance with art. 12.16. These would include those that involve non-compliance with regard to:
Article 31.4 of Law 2/2021 empowered the officials of the Labour and Social Security Inspectorate belonging to both the Senior Corps of Labour and Social Security Inspectors and the Corps of Labour Sub-Inspectors, Occupational Health and Safety Division, to monitor and require, and where appropriate, issue infringement reports, in relation to compliance by the employer with the public health measures established in Article 7.1 of the aforementioned law.
The purpose of these measures is the prevention, containment and coordination necessary to deal with the health crisis caused by COVID-19, provided that they affect workers. Infringement of these measures will be sanctioned in accordance with the Law on Infringements and Sanctions in the Social Order (“LISOS”).
1.6. INFRINGEMENTS IN THE FIELD OF EQUAL TREATMENT AND NON-DISCRIMINATION
Art. 8. 12 of the LISOS establishes as a very serious infringement "unilateral decisions by the company that imply direct or indirect unfavourable discrimination on the grounds of age or disability, or favourable or adverse discrimination in terms of pay, working hours, training, promotion and other working conditions, on the grounds of sex, origin, including racial or ethnic origin, marital status, social status, religion or beliefs, political ideas, sexual orientation, membership or non-membership of trade unions and their agreements, ties of kinship with other workers in the company or language within the Spanish State, as well as decisions by the employer that involve unfavourable treatment of workers as a reaction to a complaint made within the company or to an administrative or judicial action aimed at enforcing compliance with the principle of equal treatment and non-discrimination".
In the event that the conduct could not be classified as a very serious infringement, it could constitute a serious infringement of Art.7.10 LISOS.
The sanctions are those described in section 3.1.
1.7. INFRINGEMENTS IN THE FIELD OF CHILD LABOUR
Failure to comply with the labour regulations on child labour constitutes a very serious infringement in accordance with Art. 8.4 of the LISOS.
The sanctions are those described in section 3.1.
1.8. INFRINGEMENTS OF RESPECT FOR PRIVACY AND DUE CONSIDERATION FOR DIGNITY
Art. 8.11 of the LISOS expressly considers as a very serious infringement the employer's actions that violate the right to privacy and due consideration for the dignity of workers.
In the event that the conduct cannot be classified as a very serious infringement, it might constitute a serious infringement of Art. 7.10 LISOS.
The sanctions are those described in section 3.1.
1.9 INFRINGEMENTS CONCERNING FREEDOM OF ASSOCIATION, RIGHT TO STRIKE AND ASSEMBLY
These infringements are regulated in Art. 7 and 8 of the LISOS. The sanctions are those described in section 3.1.
- The transgression of the rights to information, hearing and consultation of trade union delegates is foreseen as a serious infringement in Art.7.7 LISOS.
It is foreseen that actions or omissions that prevent the exercise of the right of assembly of workers, their representatives and trade union sections, in Art. 8.5 LISOS, constitute a very serious infringement.
The employer's actions detrimental to the workers' right to strike, consisting of the substitution of workers on strike for others not related to the workplace at the time of the strike, constitute a very serious infringement, as defined in Art. 8.10 LISOS.
With regard to documentary and collaboration obligations with the Labour and Social Security Inspectorate, the infringements and sanctions that could be applicable to the different cases are described below.
2.1. INCUMPLIMIENTO DE LAS OBLIGACIONES DE COMUNICACIÓN DEL DESPLAZAMIENTO A LAS AUTORIDADES LABORALES
Companies that post workers in the framework of a transnational provision of services are obliged to give prior notice of the posting of such workers to the competent labour authorities, as provided for in Article 5.2 of Law 45/1999, with the exception set out in Article 5.3 for cases in which the duration of the posting does not exceed eight days, provided that it does not involve a temporary employment agency.
2.2. NON-COMPLIANCE WITH THE OBLIGATIONS TO REPORT ACCIDENTS AT WORK TO THE LABOUR AUTHORITY OF THE RESPECTIVE AUTONOMOUS COMMUNITY
The current regulation on accident reporting applicable to companies that post workers to Spain is provided for in the Order of 16 December 1987.
Pursuant to Article 6 of this Order, companies that post workers to Spain have this obligation:
In those accidents occurring at the Work Centre or as a result of posting during the working day that cause the death of the worker, that are considered serious or very serious or that the accident occurring at a Work Centre affects more than four workers, whether or not they belong entirely to the Company's workforce, the employer shall, within a maximum period of twenty-four hours, communicate this fact by telegram or other similar means of communication to the labour authority of the province where the accident occurred, or at the first port or airport where the ship docks or the aircraft lands, if the Work Centre where the accident occurred is a ship or aircraft, respectively.
The notification shall include the company name, address and telephone number of the Company, the name of the injured party, the full address of the place where the accident occurred, as well as a brief description of the accident.
LINK Labour Authorities of the Autonomous Communities
Failure to report occupational accidents classified as serious, very serious or fatal is considered a serious infringement under Art. 10.2 of the LISOS. In the event of being classified as minor, failure to report, in due time and form, would constitute a minor infringement in accordance with Art. 11.1.b) LISOS.
Companies posting workers must have the documentation relating to the postings available at the workplace or in digital format for immediate consultation, as well as submitting this documentation when required, to the competent labour authorities and in particular to the Labour and Social Security Inspectorate.
Thus, Art. 10.2 of the LISOS considers it a serious infringement not to submit the documentation required by the Labour and Social Security Inspectorate or to submit any of the documents without translation.
2.4. INFRINGEMENTS FOR OBSTRUCTING THE INSPECTION TASK
As established in Art. 50 of the LISOS, actions or omissions that delay or impede the exercise of the functions entrusted to the Labour and Social Security Inspectorate shall constitute an obstruction to the inspection task, which shall be classified as serious, with the exception of those detailed below.
Obstructions to inspection activities shall be sanctioned in accordance with the provisions of section 3, by the competent authority in each case, depending on the material scope of action from which the obstruction arises or is derived.
3.1. SANCTIONS FOR LABOUR RELATIONS INFRINGEMENTS
Sanctions in the field of labour relations are regulated in Art. 40.1 LISOS as follows:
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MINIMUM DEGREE |
MEDIUM DEGREE |
MAXIMUM DEGREE |
|
|
MINOR INFRINGEMENTS |
From €60 to €125 |
From €126 to €310 |
From €311 to €625 |
|
SERIOUS INFRINGEMENTS |
From €626 to €1250 |
From €1,251 to €3,125 |
From €3,126 to €6,250 |
|
VERY SERIOUS INFRINGEMENTS |
From €6,251 to €25,000 |
From €25,001 to €100,005 |
From €100,006 to €187.515 |
Sanctions may be imposed in the minimum, medium and maximum graduation, in accordance with the following grading criteria provided for in Art.39.2 LISOS:
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CRITERIA FOR THE GRADUATION OF SANCTIONS (Art. 39.2 LISOS) |
|
Sanctions shall be graduated according to:
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3.2 SANCTIONS FOR OCCUPATIONAL HEALTH AND SAFETY INFRINGEMENTS
Sanctions applicable to the prevention of occupational hazards are regulated in Art.40.2 LISOS:
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MINIMUM DEGREE |
MEDIUM DEGREE |
MAXIMUM DEGREE |
|
|
MINOR INFRINGEMENTS |
From €40 to €405 |
From €406 to €815 |
From €816 to €2,045 |
|
SERIOUS INFRINGEMENTS |
From €2,046 to €8,195 |
From €8,196 to €20,490 |
From €20,491 to €40,985 |
|
VERY SERIOUS INFRINGEMENTS |
From €40,986 to €163,955 |
From €163,956 to €409,890 |
From €409,891 to €819,780 |
The criteria for the graduation of sanctions are as follows:
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CRITERIA FOR THE GRADUATION OF SANCTIONS IN THE PREVENTION OF OCCUPATIONAL HAZARDS (ART. 39.3 LISOS) |
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a) The dangerousness of the activities carried out in the company or work centre. b) The permanent or transitory nature of the risks inherent in these activities. c) The seriousness of the damage caused or which could have been caused by the absence or deficiency of the necessary preventive measures. (d) The number of workers affected e) The individual or collective protection measures adopted by the employer and the instructions given by him/her in order to prevent the risks. f) Failure to comply with the warnings or prior requirements referred to in Article 43 of Law 31/1995, of 8 November, on the Prevention of Occupational Risks. g) Non-observance of the proposals made by the prevention services, the prevention delegates or the company's health and safety committee for the correction of existing legal deficiencies. h) The general conduct followed by the employer with regard to the strict observance of the regulations on the prevention of occupational risks. |
4.1. ORDINARY COMPLAINTS TO THE ITSS
Complaints are public and can be filed by any person of any nationality at the offices of the Labour and Social Security Inspectorate (Inspección de Trabajo y Seguridad Social).
On the website of the Labour and Social Security Inspectorate, in the section How to report, you can find information on the different ways in which anyone who has knowledge of facts that could constitute an infringement in matters within the competence of the ITSS (labour, occupational health and safety, social security, employment, etc.) can request the services of the Labour and Social Security Inspectorate.
4.2. COMMUNICATIONS TO THE ITSS THROUGH THE "FRAUD MAILBOX"
This website includes a link to the ITSS MAILBOX, where you can REPORT, without this being considered a formal complaint, any labour irregularities that come to your attention. In the section “We are very close” you can find the addresses and contacts of the different provincial inspectorates.
The administrative sanctioning procedure is regulated in:
5.1 INITIATION OF THE SANCTIONING PROCEDURE (Art. 13 and 17 RD 928/1998 and Art. 52 LISOS)
It is initiated, always ex officio, by means of an infringement report issued by the Labour and Social Security Inspectorate, as a result of previous inspection activity, by virtue of actions carried out ex officio, on its own initiative or upon complaint, or at the request of the interested party.
The infringement report must be notified to the person or persons responsible, within ten working days from the date of the infringement report.
The content of the infringement report is set out in Art. 14 RD 928/1998 and Art. 53 LISOS. The record must include, among others:
5.2 HANDLING AND INSTRUCTION OF THE SANCTIONING PROCEDURE (Art.18 and 18.bis) RD 928/1998)
Once the official report has been notified, the person or persons responsible have a period of fifteen days in which to make any allegations they deem appropriate in defence of their rights before the investigating body.
Within the same period, and provided that the sanction is solely of a financial nature and does not contain accessory sanctions, the person or persons responsible may express to the investigating body their acknowledgement of liability and/or willingness to pay, under the terms that will be indicated later.
If no allegations are made and no acknowledgement of liability and/or willingness to pay is made, the procedure shall continue to be processed until the proposed resolution.
If allegations are made in due time against the infringement report, the investigating body may request the issuing of an additional report from the Inspector or Sub-Inspector who drew up the report, which must be issued within fifteen days. The aforementioned report shall be mandatory if the allegations invoke facts or circumstances other than those stated in the report, insufficiency of the factual account of the same or defencelessness for any reason whatsoever.
Once the allegations have been received or the time limit for making them has expired, the investigating body may decide to open the period of evidence.
When the proceedings carried out reveal the invocation or concurrence of facts other than those stated in the report, the investigating body, before issuing its proposed decision, shall give the alleged offender a hearing for a period of eight days with a view to the proceedings.
5.3 RESOLUTION OF THE SANCTIONING PROCEDURE (Art. 20 RD 928/1998)
The competent body shall issue the appropriate reasoned resolution within ten days of the end of the proceedings, confirming, modifying or annulling the proposal in the report.
The maximum period for resolving disciplinary proceedings for infringements of social order shall be six months, calculated from the date of the report to the date on which the decision is notified. Interruptions due to causes attributable to the interested parties or due to the suspension of the procedure referred to in Royal Decree 928/1998 shall not be counted within the maximum period for reaching a decision.
The bodies with sanctioning powers are listed in Art. 48 of the LISOS and in Art. 4 of RD 928/1998.
This resolution will be notified to the interested parties within ten days of being issued, warning them of the appeals that may be lodged against them, the administrative or judicial body before which they must be presented and the deadline for lodging them.
If financial sanctions are imposed, the notification shall also contain the following information
5.4 SUSPENSION OF THE SANCTIONING PROCEDURE BY OFFICIAL ACTION BEFORE THE SOCIAL JURISDICTION (Art. 19 RD 928/1998)
If allegations or evidence are presented against the infringement report that may undermine the employment nature of the working relationship that is the object of the inspection, the inspecting body may propose the filing of an ex officio claim before the Social Jurisdiction, which, if formalised, will lead to the suspension of the procedure with notification to the interested party.
In the event of suspension, the disciplinary proceedings shall continue once a final judgment has been handed down and communicated.
5.5 ADMINISTRATIVE APPEALS
Against decisions and procedural acts, if the latter decide directly or indirectly on the merits of the case, determine the impossibility of continuing the procedure or cause defencelessness or irreparable harm to legitimate rights and interests, the interested parties may lodge appeals to a higher court (”alzada”) or for administrative reconsideration (“potestativo de reposición”).
An appeal may be lodged against the decisions indicated in the previous section (which do not terminate the administrative procedure) within a period of one month before the competent superior body, whose decision will exhaust the administrative procedure.
Decisions taken by the Directors-General responsible for the amount involved which do not terminate the administrative procedure and by the Secretary of State for Social Security and Pensions may be appealed against to the head of the Ministry responsible for the matter in question. The administrative acts of the head of the competent Ministry and of the Council of Ministers exhaust administrative channels.
Within the sphere of competence of the Autonomous Communities, the latter shall be responsible for determining the bodies competent to rule on appeals to a higher court.
The maximum period for issuing and notifying the decision on the appeal is three months. Decisions on appeals are final.
If three months have elapsed since the appeal was lodged without a decision being issued, it may be deemed to have been dismissed and it is then possible to appeal to the courts.
The administrative acts that put an end to the administrative procedure may be appealed against before the same body that issued them or be challenged directly before the contentious-administrative jurisdiction.
It is not possible to lodge a contentious-administrative appeal until it has been expressly resolved or the appeal for reconsideration has been expressly rejected.
The time limit for lodging an appeal for reconsideration is one month and the maximum time limit for issuing and notifying the resolution of the appeal is one month. No further appeal may be lodged against a decision on an appeal for reconsideration.
Against acts that put an end to administrative proceedings, if any of the cases provided for in Art. 125 of Law 39/2015 (that when issuing them there was an error of fact, resulting from the documents included in the file; that new documents of essential value for the resolution of the matter appear which, although they are subsequent, demonstrate the error of the appealed resolution; that the resolution has been essentially influenced by documents or testimonies declared false by a final court ruling, prior or subsequent to that resolution; or the decision was issued as a result of prevarication, bribery, violence, fraudulent scheming or other punishable conduct and has been declared as such by virtue of a final court ruling), an extraordinary appeal for review may be lodged with the body that issued the act, within four years if it is based on the first cause, or within three months if it is based on the last three. The time limit for a decision is three months.
5.6 ENFORCEMENT AND COLLECTION OF ADMINISTRATIVE SANCTIONS (Art. 24 and 25 RD 928/1998)
Final administrative sanctioning resolutions are immediately enforceable.
Financial sanctions imposed by bodies of the General State Administration, except for Social Security offences, are collected in accordance with the procedure established in the General Collection Regulations, approved by Royal Decree 939/2005, of 29 July. Collection in the voluntary period will be carried out by the Economy and Tax Provincial Offices (Delegaciones de Economía y Hacienda) and in the enforcement period by the Spanish Tax Agency (Agencia Estatal de la Administración Tributaria).
The deadline for payment in the voluntary period is thirty days from the date of notification of the decision imposing the sanction. When the decision imposing the sanction is appealed through administrative channels, the appeal decision will grant, where appropriate, a new fifteen-day deadline for payment.
Financial penalties imposed within the scope of their powers by bodies of the Autonomous Communities shall be collected by the bodies and procedures established in the rules governing the collection of public law revenue in each of these Communities.
5.7 CHALLENGE AGAINST SANCTIONING DECISIONS
The resolution of the appeal to a higher court exhausts administrative proceedings and may be challenged before the social jurisdiction in accordance with the provisions of Law 36/2011, of 10 October, regulating social jurisdiction.
The procedure is initiated with the lawsuit, the deadline for filing the lawsuit is two months, as provided in Art. 69LRJS, or 20 days (Art.70 LJRS) or the expressly indicated, where appropriate, depending on the applicable procedural modality.
The claim, in addition to meeting the general requirements, must precisely identify the act or decision being challenged, the Administration or public law Entity against which it is directed and, where appropriate, the persons or entities whose rights or legitimate interests could be affected by the plaintiff's claims being upheld.
The procedure shall end with the Judgment, which shall rule on the claims duly formulated in the application.
Pursuant to article 15 of Law 45/1999, the courts of the social order shall hear any litigious matters arising in application of this law, in accordance with the provisions of articles 2.n) and 2.t) of Law 36/2011, of 10 October, regulating social jurisdiction.
