Labour inspections can be a challenge for many companies, especially if the necessary measures have not been taken to comply with labour regulations. A sanction can involve significant fines, the obligation to regularize labour situations, or even the loss of tax benefits and subsidies. To avoid issues, it is essential to be prepared and ensure compliance with current legislation. Below, we explain how the labour inspection system works and provide a list of key aspects you should review to minimize risks during an inspection.

 

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What is a labour inspection?

Article 1 of the Law 23/2015, which regulates the Labour and Social Security Inspection System (hereinafter LITSS), establishes that the Labour and Social Security Inspection is a public service aimed at ensuring that companies and workers comply with obligations regarding employment, social security, occupational risk prevention, equality, and other labour regulations.

What are the inspectors’ functions?

According to Article 12 of the LITSS, the functions of the Labour Inspection are:

  • Monitoring and enforcing compliance with legal regulations, including the content of agreements and collective bargaining agreements.
  • Providing advice to both companies and workers on labour and social security matters.
  • If requested by the parties, the Labour Inspection can mediate, conciliate, and arbitrate in collective conflicts, strikes, and other labour disputes.
  • Technical assistance to administrative bodies, mainly courts and social security institutions.

What powers do they have?

Article 13 states that, in carrying out their duties, Labour and Social Security inspectors have the status of public authority and are authorized to:

  • Freely enter any workplace without prior notice or a court order. They can do so at any time of the day, and the employer does not need to be present.
  • Conduct inspections accompanied by company representatives, employees, technicians, or experts from both national and international organizations.
  • Investigate and gather information, including interrogating or summoning the employer and workers, reviewing key documentation, requesting stored data, and collecting samples.
  • Take precautionary measures to prevent the alteration, loss, or destruction of relevant documents, provided it does not cause irreparable harm or violate rights.

 

Key steps to avoid sanctions in labour inspections

Once you understand the role of the Labour Inspection and the powers of inspectors, it is essential for companies to periodically review the following key aspects to ensure they are prepared for an inspection:

Labour and contractual documentation

🔹​ Employment contracts: Ensure that all employees have a properly registered contract specifying their working hours and job category.

🔹​ Social security registration: Verify that all workers are registered with social security from their first day of work.

🔹​ Working hours record: Maintain an accurate record of hours worked, including overtime, as required by regulations.

🔹​ Payroll and payment records: These must be correctly prepared and paid within the established deadlines.

🔹​ Applicable collective agreement: Ensure that salaries and working conditions comply with the relevant agreement.

Occupational risk prevention

🔹​ Risk assessment: There must be an updated report identifying workplace risks.

🔹​ Prevention plan: All companies must have a risk prevention plan adapted to their activity.

🔹​ Occupational risk prevention training: Workers must have received appropriate training in occupational risk prevention.

🔹​ Medical examinations: Conduct mandatory periodic medical check-ups for employees when necessary.

Compliance with equality and workers’ rights

🔹​ Equality plan: If your company has more than 50 employees, it must have a registered equality plan.

🔹​ Anti-harassment protocols: It is mandatory to have a protocol for preventing workplace harassment and procedures for action.

🔹​ No discrimination: Ensure there is no discrimination in salaries, promotions, and working conditions.

✅​ What to do if you receive a labour inspection

Preparing for a labour inspection not only helps to avoid sanctions but also improves internal management and the company’s reputation. Cooperating and providing the requested documentation, verifying the inspector’s official accreditation before sharing any data, or having a labour advisor are essential steps to ensure a safe working environment and comply with regulations. At Adlanter, we have a team of experts in labour consultancy who can help you with everything. Contact us.

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