All of the sudden, what seemed to be another client just stares at you and gets an identification card out of his pocket. Following this he asks everyone in your business their names and NIE. The guy is a work inspector. Add to this that you may not know the language and it becomes a traumatic experience, only comparable to having the Guardia Civil checking if you deal with illegal substances.
This is how some have lived the experience of a work inspection. What should you do? How does it normally go? What do they look at?
What to do?
Being checked by a work inspector need not to be a dramatic experience if you know before hand what they will look at and you make the necessary adjustments. Some believe that you need to have all your paperwork there and show everything to the inspector but this is not the case. The first thing you should do is give the telephone number of your gestoria. Inspectors know that you probably have most of your documentation somewhere else, probably with your gestoria.
After asking names and NIE of every worker they give you a notice of an appointment in the Work Inspections Office some few days after. There is where your representative will have to show him all the requested documentation.
What will they look at?
First and foremost, that everyone has a work contract and is registered with the Social Security. Employing someone illegally is a serious wrongdoing and can cost you a fortune. The current fine for having an employee without social insurance can go up to 10,000€. Certainly it makes one think twice.
Inspectors have listened to everything in term of excuses of why the unregistered worker is there: “I just started today”, “He came to help out just for a few hours today”, and so on.
“Precisely I just told my gestor to put him in Contract this morning!”…He won’t believe it.
The law states that the employee must be covered by Social insurance from the very fist moment.
In case that we have employees that come to work only for a few hours we should have clearly visible the work schedule. If one of these workers are caught during the work inspection the entrepreneur will have to show that it is legal his presence there.
The inspector will want to see that employees are working the number of hours stated in their contract.
Part-time workers needs to check in and out as a documental proof of the amount of hours work. A possible consequence of not keeping this record may be that a work inspector conclude that it is really a undercover full-time contract and fine the company.
There is no official document for the registry. Download our template.
3. Health & Safety Plans (Planes de Riesgos Laborales)
Under the area of Health & Safety there are a few things that the inspector will look at.
- Every business with staff must pay for a yearly medical checkup for their employees. The inspector will want to see the latest checkup 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 good behaviors. A course must be held with every new member of the staff. The corresponding certificate by a specialized company must be shown.
The fine for not presenting these documents at the day of the appointment is very high.
A specialized consultants should advice you in Health & Safety matters, prepare the Safety Plans tailored to your business and organize the medical checkup. In case of an inspection he will also go, as well as your Social Security consultant, to represent you before the work inspector.
LimitConsulting can assist you with you Health and Safety by means of one of our partners.