As a company, there is the possibility of receiving a complaint for labour inspection and, faced with this, it is likely that you feel somewhat disoriented and do not know how to act. Knowing what actions can result in a sanction or how to proceed at the time of the inspection itself, will help you feel prepared and avoid problems. In this article on the labour inspection complaint form, we will see what documentation you should have, what you can expect when the inspectors visit and what the procedure to follow is.
What is a labour inspection?
A labour inspection is the procedure in which inspectors are present in a labour organisation to check that the working conditions defined by law are being complied with. These inspections can be carried out at any company or enterprise that has a workforce, according to the provisions of Law 23/2015 of the Ministry of Employment and Social Security. It states that public and private individuals and legal entities, and cooperative societies, i.e. all centres in which work is performed can be inspected.
The only ones that are exempted from this control are military centres that are dependent on the military administration and workplaces that are governed by specific regulations.
The complaint for labour inspection: an exclusive requirement?
The inspector’s visit may be due to the fact that there has been a complaint that requires it. This complaint can be made either directly to the Labour Inspectorate, in person and with identification, or anonymously through a formal online submission to the “Buzón de Lucha contra el Fraude Laboral”.
The complaint in itself does not mean that an inspection of the establishment will actually take place, since if the data is not sufficient, or if there are a series of characteristics that determine that the accused is unreliable, it may be filed.
However, it is important to bear in mind that it is not necessary for there to be a complaint for an inspection to take place. It can often be a routine review, without prior notice, in which the company’s compliance with the relevant administrative obligations is assessed.
It also happens that the Inspectorate launches campaigns by sectors and activities and carries out mass inspections of businesses in these sectors and activities.
What to do when faced with a labour inspection?
When faced with a labour inspection, the most important thing to know is that you should not refuse to provide all the information requested because you would be obstructing the work of the inspectors and you would have everything to lose, since they can request the support of the security forces to enter. At this point it is key to remember that there is no obligation of prior notification, so you cannot use this argument to prevent the inspection from taking place. However, as the inspected company, you will be able to ask for the inspector’s identification at all times.
Normally, labour inspectors will be able to request access to any part or facility in the workplace to carry out the inspection. They may also ask for identification of all employees present, their pay slips, and other documentation related to the administration of the company, which we will discuss in more detail below. Generally, they ask for the ID number of the employees present and their date of registration in the company (to later verify the dates). They may also ask for a record of the working day on the spot.
If you work from home, then they will need a permit or judicial authorisation to enter your home and carry out the inspection. In this case you have the right to refuse the procedure without this constituting an obstruction or fine.
Frequently asked questions: labour inspection complaint form
If you still have any doubts, you may want to read some of the most frequently asked questions on this subject:
– What is obstruction of an inspection?
If you disturb, delay or impede the inspector’s work, you are obstructing the inspection. It is also considered a minor offence to delay the fulfilment of reporting duties.
Serious or very serious offences relate to omissions or direct actions by the employer or representatives, that are intended to prevent the inspector from entering the company. Likewise, any type of coercion, threat or violent act against the inspectors or the personnel accompanying them will be considered a serious infringement.
– What documentation do I have to present?
The documentation that may be requested during the inspection is as follows:
- The deed of incorporation, proof of payment of self-employment tax.
- Registration with the Social Security
- The general ledger and accounting records
- Registration with the IAE
- Official declarations and proof of payment of remuneration
- Form 200 for Corporate Income Tax
- Personal Income Tax withholdings declaration (form 190)
- The declaration of operations with third parties (form 347)
- All documents of registration, affiliation, registration and deregistration with the Social Security in the corresponding regime, mutual insurance companies, etc.
- Proof of payment of Social Security contributions or benefits
- And the documents required by occupational risk prevention regulations or matters subject to inspection.
In addition, they may require a work schedule that accounts for the employees’ working hours, which must show the starting and finishing times of each employee.
– Can I be asked for access to computers?
Yes, during the inspection, you may be asked for information about your business activity including access codes to your computer equipment.
– Can I avoid the inspection?
While you cannot refuse, you can read the full notice to make sure there are no errors or typos, which can be grounds for cancellation of the inspection.
The importance of advice
Working with a professional team to manage your company’s labour, tax and accounting obligations will help you to be better prepared for a labour inspection before, during and after. Keep in mind that in regulatory matters, prevention is better than cure and that there is nothing better than being sure that all the administrative processes of the company are up to date.
To count on the best professionals, do not hesitate to contact us. Having the right advice and the possibility of management will save you from worrying about the possibility of a labour inspection.
For information on related topics visit our page on Labor, Social Security and Immigration.
Photo by Tobias Tullius on Unsplash
