- The investigation was carried out in collaboration with the Provincial Labour and Social Security Inspectorate (IPTSS) of Gipuzkoa
- The two establishments were run by the same businessman, taking care of the accounting by a manager who actively participated in the whole plot and the manager of one of the restaurants that captured and threatened the victims
- They were made to sign monthly training contracts with the promise to regularize their situation and instructed to give another filiation if they had an inspection, working seven days a week on days of more than 12 hours
The National Police has arrested three people in San Sebastian for the alleged commission of crimes against the Public Treasury and Social Security and against the rights of workers.
The investigation began in November 2022, when the Provincial Labour and Social Security Inspectorate (IPTSS) of Gipuzkoa informed the Operative Group of Foreigners II (GOE) of San Sebastián of the complaint of a citizen informing that in two restaurants in Donostia, both run by the same businessman, there were several foreign citizens working in an irregular situation and in working conditions that violated their rights.
As a result of this complaint, on November 9, 2022, the National Police and the Labour Inspectorate carried out an inspection in both establishments, finding in one of them twelve workers in an irregular situation and without a work contract and in the other nine other workers under the same conditions as the previous ones.
In response, the investigators continued their investigations, determining that, as stated in the complaint to the Labour and Social Security Inspectorate, the two restaurants were run by the same businessman. They also discovered that accounting was carried out by a manager who had full knowledge of what was happening and by a third party, of Hispanic American origin, who worked as a manager in one of the restaurants.
Simultaneously, they learned that many of these workers had come through this manager, which attracted them with succulent job offers. Thus, when they arrived in San Sebastián, the owner promised them that if they worked for him, he would provide them with the documentation to legalize their situation and would register them in the Social Security, taking care to stifle the slightest complaint by reminding the victims of their condition as irregular workers and the "favor" they were doing by giving them employment.
In this sense, they were forced to work twelve hours a day, from Monday to Sunday, paying them 1,068 euros per month. Also, from last summer, they were forced to sign training contracts every month if they wanted to be regularized and instructed to give another filiation if the labour inspectorate or another person asked for them.
VICTIM ASSISTANCE AND PROTECTION
In response, the researchers activated the Framework Protocol for the Protection of Victims of Exploitation, informing them of their rights, including the possibility of being referred to assistance and housing resources dependent on the Autonomous Communities.
For all these reasons, on 12 January, the three persons under investigation were arrested and, after giving a statement at the police station, they were taken to court and are currently awaiting trial.