Tuesday, 7th July 2020
LEGAL Article

This Month's Magazine
Be Prepared for Work Inspections

Be Prepared for Work Inspections

A work inspector will appear in your premises totally unexpected and, after someone close to you. showing his identification, the first thing he will do is to take down the names and NIE of everyone working in the premises.- By Limit Consulting.

It is all quite sudden and if you do not know the language or the procedures, the experience and the fear of severe multas can be quite traumatic. But it needs not to be so if you are prepared and know in advance what they will look for. At this point the inspector will not be interested in seeing any paper work or documents; therefore your first line of approach is to give him the phone number of your gestoría, he will know then that any paperwork required will be available at the gestoría.

Having taken the names and NIE of every worker you are the given notice of an appointment in the Work Inspections Office a few days after. This is where your representative will have to show him all the requested documentation. So, what will they look at?

1. Contracts
First and foremost, that everyone has a work contract and is registered with the Social Security. Employing someone illegally is a serious offence that can cost a fortune. The fine currently can go up to 10,000€ per
illegal worker. Certainly it makes one think twice. Please believe it, they have already heard every excuse under the sun from “He just started today” to “He is just here to help me today for a few hours” and will not be dissuaded by any excuse true or false. The law states that employees must be covered by Social insurance from the very first moment. If there are part-time employees that work for a few hours, the work schedule should be plainly visible at the premises and if one is caught working outside the staed schedule the presence will have to be justified.



2. Health & Safety Plans (Planes de Riesgos Laborales)

  • Every business with staff must pay for a yearly medical checkup for their employees. The inspector will want to see the latest report for every member of the staff.
  • The company has the obligation to state in a document the potential risks of the activities and the contingency plans being carried out. This document is called ‘plan de riesgos laborales’ and the inspector will ask to see it.
  • Staff must be trained in health & safety procedures. A course must be held with every new member of staff and the corresponding certificate by a specialized company must be shown.

The fine for not presenting these documents at the day of the appointment is quite high. Specialized consultants should advice you in Health & Safety matters, prepare the Safety Plans tailored to your business and organize the medical checkups.

In case of an inspection your gestoría will also go and represent you before the work inspector with your Social Security consultant. 

LimitConsulting does not provide this service but they can put you in contact with A work inspector will appear in your premises totally unexpected and, after someone close to you.

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