How to file a complaint with the labour inspectorate in Spain?
Who can file a complaint with the labour inspectorate?
Anyone can file a complaint with the labour inspectorate.
Usually it is the workers or their representatives who file a complaint with the labour inspectorate.
However, anyone can file such a complaint, so an employer can also file a complaint against a competitor.
For example, if he knows that he has employees who are employed on a shorter working day than they actually work; or if he does not pay contributions for a part of the wages, so that he is disadvantaged by not being able to compete on a level playing field.
The Inspectorate is competent to act in matters of social order: labour relations (overtime or non-payment of wages), social security, risk prevention, foreign labour, etc…
How to file a complaint with the labour inspectorate?
Filing a complaint with the labour inspectorate is a straightforward process
You can file a complaint:
- In person at the offices of the Provincial Inspectorates,
- By post or
- Online at this link of the Social Security. You must have a digital certificate or ELECTRONIC ID for the online processing of the online complaint at the social security.
And the complaint must include the following information:
- The personal identification details of the complainant and his/her signature.
- The facts allegedly constituting the infringement, as well as the date and place of its occurrence. For example, if it is known that an activity is being carried out in a premises and the workers are not registered with the Social Security, this situation must be indicated in the complaint, including the address of the premises.
- The identification of the alleged perpetrators. If the identification details are not known, at least the address of the workplace and the type of activity should be stated.
- Any other relevant circumstances that are considered appropriate (for example, that the premises are noisy and cause a nuisance to neighbours).
How to file an anonymous complaint with the labour inspectorate?
Anonymous complaints are not processed, although the Inspectorate itself has set up a mailbox to report fraudulent conduct by companies in labour matters without having to provide personal details:
Rights of the complainant
The complainant shall have the right to be informed of the status of his or her complaint where the outcome of the investigation affects his or her individual rights.
For example, if you are a worker who has reported your employer for failing to register you with the social security system.
