July 15, 2024 | 5:17


Supreme Court declares deception in false job offers as aggravated fraud

Laura Rangel Ybarra

July 13, 2023 | 8:00 a.m.

The Supreme Court confirms the sentence

The Supreme Court has ratified the sentence imposed by the Provincial Court of Álava on a businessman for aggravated fraud and violation of the labor rights. The ruling was issued in the context of the 2010 economic crisis, when the defendant exploited the vulnerability of job seekers with bogus job offers.

Fraud and its consequences

the convict created a false transport cooperative and promised jobs to the unemployed. The employment conditions he offered them were unacceptable, and promises of a fixed salary and payment of social security contributions were not fulfilled. The defendant manipulated people who were in prolonged unemployment situations and exploited them, infringing their social and labor rights.

The affected workers suffered serious economic and social damage due to the lack of promised remuneration, the absence of social security contributions and the loss of initial contributions. In addition, the workers had to assume additional expenses such as fuel and vehicle rental.

types of victims

The deception produced two types of victims: those who were asked to perform immediate tasks and those who were asked to make financial contributions to the cooperative. The defendant exploited the desperate need of these people to find work, abusing their situation and misleading them about working conditions.

Conviction for the crime of aggravated fraud

The judgment of the Supreme Court highlights the "double deception" of the condemned On the one hand, he misled the workers about working conditions, violating their rights. On the other hand, he also created a false perception of hiring, which caused evident patrimonial damage to the workers. In summary, the Court concluded that the defendant had used work, a basic necessity, to illicitly enrich himself.

Structure of the Supreme Court
The imposing architecture of the Supreme Court, the seat of justice in Spain, represents the authority and impartiality of the law.

Work: a basic necessity

The Supreme Court ruling emphasizes that work must be considered a basic necessity, especially in times of economic crisis. The court held that the exploitation of people's need for work to commit fraud constitutes an aggravating factor for liability. This sentence has a strong social impact and sends a clear message that work, as an essential good, must be protected.

Relevance in the current context

This ruling is particularly relevant in the current economic and labor climate. It stresses the importance of protecting labor rights and severely condemns those who exploit workers' desperation to find employment. It is a call to action to protect workers and respect their dignity in all circumstances.

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