The court has convicted the entrepreneur for repeatedly employing foreign nationals without the necessary work authorization. However, his daughter has been acquitted of the charges of complicity brought by private prosecutors, as it was not proven that she “participated in any way in the hiring of illegal workers in her father's company” or acted “as manager of said commercial entity”.
In addition to the fine, the Bizkaia Court has ordered the accused, in a non-final judgment that can be appealed before the High Court of Justice of the Basque Country, to pay 2,500 euros in civil liability compensation to each of the three workers who filed private accusations in this case for the moral damages caused.
The Bizkaia Provincial Court has declared it proven that between December 2018 and May 2021, the accused repeatedly hired foreign citizens in an irregular situation in the State, without work permits, without being registered with Social Security, and without informing state authorities of their employment status. It was also established that he warned employees that, in case of inspection, they should hide in the company's facilities, specifically in the bathroom, as stated by the employees during the trial.
It is proven, based on said evidence, that the accused habitually or repeatedly employed citizens in an irregular situation without work permits, who, due to this and the need for subsistence, were forced to accept the working conditions he offered them, taking advantage of the fact that these citizens were in a position of weakness due to the threat of being expelled from the State.
The court reached these conclusions based on the documentary and testimonial evidence presented during the oral hearing, including the police report prepared after labor inspections at the accused's company, which was ratified by several agents. The private prosecution also brought charges against the entrepreneur for other crimes, from which the court acquitted him for various reasons detailed in the resolution.
