Administrative sanctions in the social order for partial non-payment of wages: a controversial decision of the labour authority of the Junta de Andalucía

Abstract

The opportunity for this article arises from the decision taken by the Directorate General for Labour, Occupational Safety and Health (DGTSSL) of the Andalusian Regional Government in relation to the infringement proceedings carried out by the Labour and Social Security Inspectorate (ITSS) in cases where companies pay workers wages below the amount due, The author considers that such a decision departs from the line followed until then by these Labour Authorities on the basis of questionable legal grounds and, furthermore, contrary to the criteria that these authorities must apply in accordance with the regulations in force on the matter. To this incomprehensible decision we must add the erratic interpretation by these Labour Authorities of some of the Technical Criteria of the ITSS which, as will be analysed, they are obliged to respect and apply.