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Gonçalo Pinto Ferreira, head of the Labour and Social Security practice at TELLES, comments on aspects related to the article added to the General Regime of Tax Infractions, which will come into force on May 1st and determines that employers, who do not communicate to the Social Security the admission of workers within six months following the end of the legally established period, are punished with imprisonment of up to three years or a fine of up to 360 days. An article that applies identically to individuals who resort to domestic house work/cleaning services.
The TELLES lawyer, specialized in Labour and Social Security, admits “it is defensible that the risk of criminalization will only occur from November”.
“Given that people/companies who, at the moment, already have an employee at their service for more than 6 months without having communicated it to Social Security, could not foresee that this omission constituted the commission of a crime at the time the employee completed 6 months of service”, clarifies Gonçalo Pinto Ferreira.
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