Advice before a labor inspection
The role of the labor and social security inspectorate
When dealing with a Labor Inspection, we must take into account some aspects that can be overlooked, which, if not we have good information, they can become notorious.
The Labor and Social Security Inspectorate carries out a public intervention, whose main objective is vigilance and compliance with the law in labor obligations preventing situations such as legal fraud (not registering a worker with Social Security), prevention of occupational hazards and non-discrimination in employment, among others, occur.
Therefore, and ultimately, it is a system based on avoiding abuses or irregular work situations.
The main regulations can be found in the Law 23/2015, of July 21, Organizing the Labor and Social Security Inspection System. The action of the Labor and Social Security Inspectorate extends to natural and legal persons, public or private, to community property or other entities without legal personality, as obligated subjects or responsible for compliance with the rules of the order social.
Can I deny entry to the workplace to a public official from the Inspectorate?
The answer is obvious, in no case do we recommend denying entry to a labor inspector.
First of all, whether it is a workplace or an establishment subject to inspection, we must take into account that at the time of the inspection the public official can carry out entry to the establishment with prior notice, but it may also be the case that the inspector enters freely, that is, ex officio (without prior notice). Therefore, the employer cannot deny entry, even if he has not been notified, since it would be an illegal act.
We must know that, at any time, an Inspector can be presented, this being the main reason why it is recommended to always have all the documentation in order strong>.
If the private address coincides with the workplace, judicial authorization is required for the Inspector to enter, strong>being that the lack of judicial order will prevent the inspection action due to lack of consent.
How to deal with a labor inspection?
Before the inspection action takes place, it is convenient to be prepared, both the control and the order of the documents can help to produce a inspection without complications strong>. It will always be recommended to have the requested documents available, avoiding delaying their delivery.
Another of the fundamental aspects is to facilitate the performance of the Inspector; Being friendly, participatory and collaborative will help to leave the performances in a mere visit.
This leads to treating the Inspector as a public authority, who has the duty to present or show his identification upon arrival at the work establishment
It must be taken into account that, after due identification of the Inspector, and once inside the establishment, he will not be able to examine anything without the presence of the administrator or legal representative of the company. If the Inspector fails to comply with this point, we would find ourselves before a proceeding invalidated .
Once the documents have been analyzed and examined by the Inspector in the presence of the administrator or legal representative, he will proceed, with the assessments made, to issue an opinion.< /strong>
What documents will the inspector require?
The documents that are most requested in a labor inspection are, among others:
- Deed of incorporation of the company
- Registration, affiliation, registration and cancellation of social security
- Corporate tax declaration
- Correct proof of payment to social security
- Payroll and contracts of workers at the workplace
- Calendar and business hours
- Occupational risk prevention plan
Another of the actions that the Inspector can carry out, and which are common in visits to the workplace, would be the following:
- A worker’s statement
- The Computer Key
- Adopt the precautionary measures it deems appropriate
What happens if I don’t have the documentation requested by the Inspector?
If the case arises in which the Inspector requests a document and it does not appear in the work establishment, he will have a period of time (the one indicated) to obtain that document and < strong>rectify the defect or omission.
If, on the contrary, you refuse to provide the documentation to the Public authority, or in some way the inspection is not being facilitated, a could be initiated disciplinary procedure through the issuance of infringement reports or infractions due to obstruction of public authority.
Another way that the Inspector can carry out is to opt for a sanction, in this case and once the notification is received, he will have a period of 15 days to formulate allegations.
In conclusion and highlighting, by way of summary, some of the most relevant points of what we have mentioned above:
First of all, it should be remembered that the reason for an inspection is none other than to ensure compliance with the law, thus avoiding irregularities in the workplace.
Secondly, the arrangement and order of documentation on labor matters and occupational risk prevention is recommended, since prior notice is not necessary for the initiation of inspection actions, being that the control of the documents expedite them.
Thirdly, you must be courteous and cooperative at all times with the Inspector, without obstructing or hindering the inspection carried out in the establishment.
On the other hand, in the event of a possible lack of documentation, it is important to remember that we have a deadline to rectify such a defect and provide the required documentation within the indicated period.
For all of the above, it is necessary to have training in this matter, so any questions that may arise due to an inspection, do not hesitate to seek advice from a group of professionals
All these tips will provide security and make the inspection a mere formality.