Running a company goes beyond thinking about its corporate form or the strategy to follow to achieve greater productivity. It is also necessary to attend to other essential aspects of its development, which often go unnoticed.
In this respect, all the legislation on social and employment protection must be taken into account. This is in order to have a good relationship with the workers and to comply with the obligations one has as an employer, which are subject to supervision or inspection by the State.
If you want to know more about this legislation or want to keep up to date with it, do not hesitate to contact BBMabogados.
What is a labour inspection in Santander?
When thinking about a labour inspection, questions arise regarding its nature, procedure and what should be done if one takes place.
First of all, it must be borne in mind that the labour inspectorate itself is an administrative organisation reporting to the Ministry of Labour and Social Economy. This body has the aim of ensuring compliance with employment and Social Security laws by the parties to the employment relationship, namely, employer and workers.
Among the numerous catalogue of functions this body has, the following stand out: occupational risk prevention, safety and social protection, social economy, vocational training and employment, unemployment protection, emigration, migratory movements and foreign workers. It also provides services and advice on such matters, in addition to a mediation and arbitration service.
It develops these aims through preventive, corrective and sanctioning actions. Such sanctioning activity begins with a visit by the body to the workplace, an activity usually called an inspection, in the strict sense.
On-site visits
In the particular case of the visit to the workplace, the inspecting official may enter without restrictions and without the need for prior notice. Likewise, they may request to be accompanied by the workers, their representatives or experts.
On that occasion, they may require the presence of the employer or their representatives, put questions on any matter within their competence, demand the presentation of Social Security books, records and documents, among other requests that allow them to gain knowledge of the company’s real situation regarding its employment and social obligations.
Who can be subject to inspection?
Contrary to what is commonly believed, not only large companies are liable to receive a visit from a labour inspector. On the contrary, any legal entity or individual, regardless of their public or private nature, is subject to this type of situation.
In addition to the above, an inspection may be requested by a worker or a citizen or may even be of the inspectorate’s own motion, at random. So, the most advisable thing is to keep everything in order, in anticipation of any surprise visit from the labour inspectorate.
What to expect from an inspection?
Once the visit from the labour inspectorate is received, it is normal to feel some tension, as the company’s employment management will be scrutinised to determine whether or not it complies with the legislation. Nevertheless, one should be as cooperative as possible with the officials carrying out the visit.
As already noted, the inspector may access certain areas of the company, in which case they must identify themselves. However, in order to obtain information, the official may simply make a visit and behave just like any other customer. Clearly, in this case they will act without prior identification, but there is no impediment to this course of action.
On the other hand, once the employer is informed that they are being inspected, they cannot refuse the procedure, under penalty of being sanctioned for obstruction.
Likewise, it should be borne in mind that the officials must act with impartiality, objectivity, and free from direct or indirect interests in the company.
What can the inspector request?
The inspection powers allow the official to request from the company the documentation and other records that enable them to detect any failing or weakness in the management of the workers.
Now, this work goes beyond the simple review of documents; the inspector is empowered and obliged to analyse all activities that may be subject to review. This includes access to computers, receipts, payslips, contracts, books, accounts and files.
Results of the inspection
The official will draw up a report with the information gathered during the inspection, which enjoys a presumption of accuracy.
In that report the employer may be asked to remedy the irregularities detected; sanctioning proceedings may be started; settlement proceedings may be started due to the existence of debts to Social Security; and, even, in extreme cases of non-compliance with occupational risk prevention rules, an order to halt work could be issued.
What is the labour inspectorate and what does it monitor?
The labour inspectorate (Inspección de Trabajo y Seguridad Social, ITSS) is the body responsible for overseeing that companies comply with employment and Social Security legislation. As an employer, it is worth knowing what it looks at in order to have everything in order before a visit arrives. Its most frequent areas of control are:
- Contracts: the type used, chaining of temporary contracts, possible bogus self-employment and undeclared work.
- Working time: daily working-time records, overtime and rest periods.
- Contributions: registrations and deregistrations with Social Security and correct contributions for the workers.
- Occupational risk prevention (PRL): risk assessment, training and information for the workforce, and safety measures.
What to do if you receive an infringement notice
Receiving an infringement notice does not mean the penalty is final. The notice enjoys a presumption of accuracy, but you can defend yourself, and many contain defects that allow the penalty to be reduced or annulled. The advisable steps are:
- Do not sign or accept anything without legal advice: cooperate with the inspector, but leave the legal assessment to a lawyer.
- Review the notice in time: the deadlines for submissions and appeals are short, so act as soon as possible.
- File submissions and an appeal: we rebut the facts and the classification, and we appeal the penalty when it is not in accordance with the law.
At BBM Abogados, a firm in Santander since 1990, we defend companies and self-employed people in Cantabria before the labour inspectorate. See also our pages on penalties in Santander and employment advice, or tell us about your case with no obligation.
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