Workers in Contact with Minors: the company's Obligation to Request Criminal Records

Companies hiring staff who will have contact with minors must require a criminal record certificate.

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Conesa Legal

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Organic Law 1/1996, of 15 January, on the legal protection of minors, amending the Civil Code and the Civil Procedure Act, established that, in order to provide legal protection to minors, any recruitment of employees who are required to have contact with minors must be accompanied by a negative certificate from the Central Register of Sex Offenders.

Article 13.5 of that Law provides that:

"A prerequisite for access to and practice of professions, trades and activities involving regular contact with minors shall be the absence of a final ruling for any offence against sexual freedom and integrity, including sexual assault and abuse, sexual harassment, exhibitionism and sexual provocation, prostitution and sexual exploitation, corruption of minors, and human trafficking. To this end, any person seeking access to such professions, trades or activities must demonstrate this by providing a negative certificate from the Central Register of Sex Offenders."

Recent legislation has established that, until the Central Register of Sex Offenders becomes operational, the certificate referred to in Article 13 shall be issued by the Central Criminal Records Register, as provided for in the Fourth Transitional Provision of Law 26/2015, of 28 July, amending the child and adolescent protection system (Official Gazette, 29 July).

Pending any judicial guidance on the consequences of non-compliance by employers in this area, this obligation at the point of recruitment is significant for the employer, as failure to comply could give rise to civil liability on the part of the company.