It's 9 at night and the restaurant is full of customers and orders keep coming to the kitchen. At one of the tables, one of the customers raises his hand and when the manager arrives to serve him, he receives, with great surprise, that the supposed customer is part of the body Labor and Social Security Inspection of your locality.
As with this hospitality businessman, one of the biggest fears that businesses have in the course of their daily lives is receiving a visit from a labor inspector. Although it doesn't have to be that way, it is the perfect opportunity to show that we do everything correctly and that we are a exemplary company that fulfills its obligations.
what do in this situation?
First of all, the first thing is keep calm, we are going to ease as far as possible the job of the inspection, a collaborative attitude and cooperative wins integers in this situation. Although the moment is not opportune, our collaboration and help will make the inspection more bearable and therefore end sooner and we can continue with our normal activity.
Surely the inspector will want to meet individually with the workers to verify contracts and hours worked. We should not be surprised that he wants a moment of privacy with the workers to interview them calmly.
What documentation should we have prepared?
It is very important that the company has available and visible the signed hour dial of their workers in paper or digital format (there are devices for signing in with fingerprints, among others). This is a fundamental document to verify the hours worked by the worker and that they rest on their corresponding days.
Regarding documentation at the time of the inspection, the only thing they usually ask for is the identification documents of workers and employers and the hours dial signed by the workers.
One of the latest developments is that the company must have a remuneration record of their entire staff since April 14, 2021 and they are already beginning to sanction those companies that do not have it.
What should they provide us after the labor inspection?
Once the inspection action is finished, they will leave us a summons document, where they will require documentation to be provided within a period that is usually at least one week. They can ask us for some documents such as salary receipts, employment contracts, the certificate of being up to date with social security, proof of registration in the special regime for self-employed workers and the deeds of incorporation of the company, among others.
Due to the Covid 19 pandemic, we can provide the requested documentation directly by email, making the process much simpler.
Once the documentation has been analyzed, the Labor and Social Security Inspection will draw up a diligence report in which they may require us to make any changes (for example, conversion of a worker to permanent employment) and where they will indicate to us whether there is any fact that motivates a sanction.
So that we can rest assured, the ideal would be to apply the corresponding collective agreement, have occupational risk prevention contracted, strictly maintain the schedule of hours signed by our staff and comply with everything related to labor regulations.
We should not be afraid of having labor inspections, it is our perfect opportunity to demonstrate that we correctly comply with all our labor obligations.
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