ReportAEVI
Aspectos Laborales en el Desarrollo de Videojuegos
1 Jan 202515 pages~22 min full read
Misclassifying contractors as 'falso autónomo' carries severe financial risk, including Social Security back-payments of up to €50,000, fines of €3,750 to €12,000 per case, and additional penalties of 100–150% of owed contributions.
See it on page 6Indefinite contracts are the mandatory default under the 2022 labour reform, with improperly formalised temporary contracts triggering automatic conversion to permanent status and fines ranging from €751 to €7,500 per worker.
See it on page 8Violations of occupational risk prevention laws, particularly regarding 'crunch' culture, can result in fines reaching up to €983,736 and potential civil liability for work-related health issues.
See it on page 9Teleworking requires a formal voluntary agreement and employer-covered costs of approximately €25–35 per month, with non-compliance classified as a grave infringement subject to fines of €751 to €7,500.
See it on page 8Employers must maintain mandatory daily working-time records and adhere to strict rest-period safeguards, while also implementing digital-disconnection protocols and whistle-blowing channels.
See it on page 11Companies with more than fifty employees are legally required to implement formal equality plans to ensure compliance with national labour standards.
See it on page 11The guide aims to equip professionals in the Spanish video‑game sector with a practical framework for complying with national labour legislation while fostering safe, flexible and sustainable work environments. It stresses that employment relationships must be governed primarily by the Estatuto de los Trabajadores and the 2022 labour reform, positioning indefinite contracts as the default model and limiting temporary contracts to production‑related needs or substitution of specific workers.
Key legal risks are highlighted, notably the use of “falso autónomo” arrangements. Indicators such as dependence, lack of entrepreneurial risk, fixed remuneration and provision of equipment can reclassify a contractor as an employee, exposing firms to Social Security back‑payments of up to €50 000, fines ranging from €3 750 to €12 000 per case and additional penalties of 100‑150 % of the owed contributions. Incorrectly formalised temporary contracts trigger automatic conversion to permanent status and fines between €751 and €7 500 per affected worker.
The document outlines the regulatory regime for teleworking, requiring a voluntary agreement, employer‑borne provision costs of roughly €25‑35 per month, and detailed specifications on schedules and monitoring tools. Non‑compliance is penalised as a grave infringement with fines identical to those for improper temporary contracts. Prevention of occupational risks, especially the “crunch” phenomenon, is mandated under the 1995 Prevention of Risks Law; violations can attract fines from €45 up to €983 736, and employers may face civil liability for work‑related injuries or illnesses.
Additional obligations include mandatory daily working‑time records introduced in 2019, the use of irregular‑hour distribution up to 10 % of total hours with five‑day notice and strict rest‑period safeguards, and the implementation of digital‑disconnection protocols, equality plans for firms with more than fifty employees, whistle‑blowing channels and digital‑device usage policies. The guide, authored by legal experts and industry consultants, synthesises statutory provisions and recent reforms to provide a comprehensive compliance checklist for developers, publishers and marketing teams operating within Spain’s
