Assistance to labour inspections, general and legal advice
Patrick2024-04-15T05:44:15+00:00Before any type of labour inspection it is essential to have the right advice, at Asesoría Orihuela Costa we offer you the best service of advice and assistance to labour inspections, in addition, we help you to prepare the necessary documents to face this type of evaluations with guarantees.
What a labour inspection assesses
In Spain, labour inspections play a crucial role in ensuring compliance with labour and social security legislation by companies and workers. These inspections are carried out by the Labour and Social Security Inspectorate (ITSS), an entity that acts with the aim of ensuring workers’ rights, the correct application of employment regulations and the maintenance of fair and safe working conditions.
During these visits, inspectors assess a wide range of aspects to identify irregularities or non-compliance, thus ensuring compliance with current legislation.
- Employment contracts: Verification of the existence and correct formalisation of employment contracts, including their typology, duration, and agreed conditions.
- Working conditions: Examination of working conditions, such as working hours, breaks, holidays, and compliance with timetables, ensuring that the established limits and rights are respected.
- Occupational health and safety: Review of the occupational risk prevention measures implemented by the company, including compliance with specific health and safety regulations in the workplace.
- Wages: Verification that wages paid comply with applicable collective agreements, the minimum wage and other legal provisions.
- Social security contributions: Inspection of the correct affiliation of workers, as well as the proper calculation and payment of social security contributions.
- Equality and non-discrimination: Assessment of the company’s policies and practices regarding equal treatment and opportunities among workers, including measures against gender, origin, age or other discrimination.
- Foreign labour: Verification of the legality of the employment of foreign workers, ensuring that they have the necessary documentation and permits.
- Recording of working hours: Control of compliance with the obligation to record the working hours of workers, in order to verify that the hours worked are properly recorded.
How we help you prepare for a labour inspection
At Asesoría Orihuela Costa we ensure that companies are fully prepared to face a labour inspection, thus minimising the risk of sanctions and promoting a legally compliant working environment. We begin with an exhaustive diagnosis of the current situation of the company in labour matters, identifying possible areas of risk or non-compliance with current legislation on hiring, wages, working conditions, occupational health and safety, among other aspects.
Once the areas for improvement have been identified, we offer personalised advice to implement the necessary corrections. This includes bringing employment contracts into line with current regulations, ensuring that working hours, breaks and holidays comply with the law. We also assist in the implementation of occupational risk prevention policies, including the necessary training for employees and employers to comply with occupational health and safety standards.
In addition, we provide guidance in the management of payroll and social security contributions, verifying that all remuneration and contributions are correct and up to date.
In addition, we offer training and workshops on legal compliance and best practices in the employment field, ensuring that management and HR managers are informed of the latest legislative updates. Our proactive approach ensures that companies are not only prepared for a labour inspection, but also promote an ethical, safe and productive working environment.
How to deal with an administrative sanction following an inspection
At Asesoría Orihuela Costa, we defend and represent companies against possible sanctions in labour inspections. Our main objective is to advocate for the interests of our clients, seeking to mitigate the consequences of any infringement and negotiate the best possible conditions to resolve the situation.
To achieve this, we analyse the case in detail, identifying key aspects that can be used in defence of the company and arguing on the basis of current legislation and fair labour practices.
Our experience in the labour field allows us to design effective defence strategies, presenting well-founded allegations and requesting, where possible, the reduction of penalties. In the process, we ensure transparent and continuous communication with our clients, providing them with realistic advice on the options available and the possible repercussions.
If required, we engage in the negotiation process with the labour authorities to reach agreements that minimise the financial and reputational impact on the company. Our commitment is to achieve the most favourable resolution for our clients, allowing them to continue their operations efficiently and in accordance with the law.