How Spain's Labor and Social Security Inspection is organized

Automatic summary, not yet reviewed

1. The Labor and Social Security Inspection is the public service that monitors compliance with labor, Social Security, employment and workplace risk prevention rules. It also advises and mediates in labor disputes.
2. A new State Agency for Labor and Social Security Inspection is created, an autonomous body attached to the Ministry of Employment and Social Security, with a Governing Council where the State and the Autonomous Communities take part.
3. Inspectors have the status of public authority: they can enter workplaces without prior notice, examine documents, request information and take precautionary measures.
4. Facts verified by inspectors in infringement and settlement reports are presumed true, unless the parties involved prove otherwise.
5. Anyone can report violations to the Inspection, and the source of the complaint is kept confidential. Anonymous or unidentified complaints are not processed.
6. Employers, workers and anyone with economic relations with inspected parties must assist, inform and cooperate with inspectors when required.
7. After an inspection, the Inspection can issue warnings, demand compliance, draw up infringement or settlement reports, or even stop work if there is a serious and imminent risk to workers' safety or health.
8. The Agency's statutes may create a National Office Against Fraud and a Special Inspection Directorate to act across the whole country.

Who it affects

• Workers: They can turn to the Inspection if they believe their rights have been violated, and their complaints are treated confidentially.
• Companies and employers: They must allow inspection visits and provide information and documents. They may face demands, sanctions or work stoppages.
• Public administrations: The State and the Autonomous Communities share direction of the system through the new State Agency and must cooperate with the Inspection.
• Inspector civil servants: The law regulates their single national entry process, rights, duties, confidentiality and guarantees of independence.

Words worth knowing

Acta de infracción

Official report in which the inspector records the verified facts that may be punishable.

Acta de liquidación

Report that calculates the Social Security contributions a company must pay.

Riesgo grave e inminente

Serious and imminent risk: a danger to workers' safety or health likely to cause severe harm soon.

Organismo autónomo

Autonomous agency: a public entity with its own legal personality that manages a service under a ministry.

Trabajo no declarado

Undeclared work: work performed without registering the worker with Social Security or the tax authorities.

It summarizes the law as published in the BOE. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries