What to do before a labour inspectorate? How should we behave? These are some of the questions that arise when this situation arises, often unexpected. A company or self-employed worker is likely to receive a visit from an inspector at any time. Therefore, it is convenient to have all the documentation perfectly located and up to date.
This article explains how to deal with a labor inspection so that companies know what to expect, what documents may be required and what deadlines are available to claim a possible sanction, as well as the actions that may be subject to sanction.
What to do before a labour inspectorate in Madrid?
The inspector who goes, with or without prior notice, to a work center will act on behalf of the authority, in this case the Social Security.
It should therefore be known that this person cannot be prevented from carrying out his task,since otherwise he has the capacity to require the assistance of the forces of public order to facilitate him to carry out his work.
However, in the case of a self-employed person, if the workplace coincides with the domicile, the inspector will need the consent of the worker or, in this case, a court order to access.
During a labor inspection, this professional may require that any worker accompany him on his visit, have privileged access to all facilities (unless they are military), request that the people who at that time are present in the workplace be identified, recognize the premises, take measurements, demand the presentation of the relevant documentation and all the actions he deems appropriate.
Therefore, from Ayce Laborytax we always advise our clients that, before a labor inspection in Madrid,
the attitude must be collaborative and everything that is requested must be accessed,since otherwise it could lead to a sanction.
What is a labour inspectorate?
The Labour Inspection Law 23/2015, of 21 July, as well as Royal Decree 138/2000, of 4 February, and the Ministerial Order of 12 February 1998, establish that The Labour and Social Security Inspectorate (ITSS) is an administrative organization responsible for controlling and monitoring compliance with social rules and administrative responsibilities that may affect companies and workers., as well as advising them on labor and social security matters.
The main objective of this organization is the promotion of voluntary compliance with the obligations of companies and workers in these sections, so it is not necessarily necessary to request a labor inspection in the event of any irregularity so that it can occur.
Any company, business, natural or legal person, public or private, or community of property, may be eligible to receive a visit from a labor inspector without the need for prior notice or any complaint has been registered.
How to report to the Labour Inspectorate
In addition to being a prevention campaign or routine control, a labor inspection can occur for other reasons. Mainly, because a complaint has been registered against the company by a worker or a notice has been produced in the anti-fraud mailbox that the ITSS makes available to citizens.
The complaint to the Labour Inspectorate is the consequence of a labour dispute,which can be caused by various reasons.
One of the most common is usually mobbing. A worker who is being victim of workplace harassment,either because of the contempt for his activity by a superior or other colleague, because he is forced to perform tasks far below his professional training or because he is removed without reason from his work, can file a complaint with the Labour and Social Security Inspectorate.
The inspector can act as a mediator in the dispute if the plaintiff so requests,and the company risks suffering a sanction for not taking preventive measures in the face of psychosocial risks.
You can also file a complaint in situations of irregularity in contractual matters,or infractions in terms of affiliation to Social Security, contributions or prevention of occupational risks.
What is studied in a labour inspectorate?
The labor inspection is a preventive, corrective or sanctioning action that pursues compliance with current regulations on labor and Social Security issues.
Its task is to supervise that companies and workers comply with their obligations regarding the payment of the relevant contributions and affiliation to Social Security,among other things.
If the inspector decides to draw up a sanction report on the grounds that an offence has been committed, the document shall be received within ten days by registered mail.
Once the notification of the sanction has been received, there is a period of 15 working days to present the allegations that are deemed appropriate.