The Labor and Social Security Inspection (ITSS) is the state agency that is responsible for ensuring compliance with the following matters:
- Work organization and union relations.
- Prevention of occupational hazards.
- Rules regarding the field of application, registration, affiliation, registration and cancellation of workers, contributions and collection of fees of the social security system.
- Rules on obtaining and enjoying benefits from the Social Security system as well as voluntary improvements or other voluntary complementary systems established in collective agreements.
- Rules on collaboration in the management of Social Security.
- Rules regarding placement, employment and unemployment protection; emigration, migratory movements and work of foreigners; occupational and continuing professional training; temporary employment agencies, placement agencies and integrated employment service plans
How do you start a labor inspection?
The labor inspection can be initiated: ex officio by the inspector or by complaint from a third party.
What ways are there to file a complaint with the ITSS?
Currently there are two ways to file a complaint with the Labor Inspection:
- Presentation of a formal complaint: in this case the subject must indicate their information as the complainant. In the following link you can find a form.
- Through the “ITSS Mailbox”: (hyperlink it to https://expinterweb.mites.gob.es/buzonfraude/) in this case, the communicator will not have to provide any personal data and the mailbox will only collect information about the alleged irregularities of which there is knowledge.
Where can I file the formal complaint?
- In person: appear at the offices of the Provincial Labor and SS Inspections, as well as in the registries of the State Administration bodies, CC.AA., and local administrations.
- Telematics: through the Electronic headquarters of the Ministry of Labor and Social Economy, as long as the complainant has the DNIe (electronic National Identity Document), or an advanced electronic signature based on an electronic certificate recognized by the @firma platform.
- Via postal: addressed to the corresponding office of the Provincial Labor and SS Inspection. It is noted that, if the complaint is submitted by post or in the registers without the complainant appearing, it will be required to attach a certified copy of the complainant's DNI and, where appropriate, express authorization from the latter so that the Inspection can verify their identity data in the corresponding registry.
What consequences may arise from an action by the ITSS?
Depending on the matter, its severity, the number of people affected... the inspector may:
- Make a warning request or document when no direct harm is caused to the workers.
- Initiate sanctioning procedures by issuing Infraction Reports.
- Initiation of liquidation procedures for Social Security debts and joint collection concepts, through the practice of Liquidation Minutes.
- Beginning of ex officio procedures for the registration of companies, affiliation and registrations and cancellations of workers in the corresponding Social Security regime.
- Beginning of procedures for the classification of companies and workers in the corresponding Social Security regime.
- Proposal before the competent bodies for the suspension or cessation of social benefits if it is confirmed that they have been obtained or enjoyed in breach of the regulations that regulate them.
- Proposal to the competent Agency for the surcharge of financial benefits in the event of a work accident or occupational disease caused by a lack of safety and hygiene measures at work.
- Proposal for surcharges or reductions in insurance premiums for work accidents and occupational diseases in the case of companies due to their behavior in risk prevention and occupational health.
- Order for the immediate cessation of work or tasks due to non-observance of occupational risk prevention regulations, if there is a serious and imminent risk to health and safety.
- Notification to the competent Organizations of non-compliance that is verified in the application and destination of aid and subsidies for the promotion of employment, vocational training and social promotion.
- Formulation of ex officio demands before the Social Jurisdiction in accordance with the applicable regulations.
The inspection minutes are public documents. The facts found by the inspection and reflected in the minutes of violation and settlement of quotas enjoy a presumption of certainty. This presumption is limited only to the objective facts that the inspector has been able to verify or have been able to deduce from the means of evidence used and recorded in the record.
In subsequent posts we will learn more about the types of minutes, the administrative procedure, sanctions, etc.
And remember that, if you want to learn and know more about this matter, request information and sign up for our “Master in HR: People Management, Talent Development and Labor Management”.
