If you are aware of facts that could constitute a violation in matters under the jurisdiction of the ITSS (labor, occupational health and safety, social security, employment, etc.) you can report to the Labor and Social Security Inspection.
Labor violations are considered to be the actions and omissions of responsible persons (individuals or legal entities and communities of property) that are included and sanctioned in labor regulations.
Infractions are classified as minor, serious and very serious and are sanctioned at the proposal of the ITSS, after investigation of the appropriate file..
See information "ITSS Complaint Presentation" (to print)
You can start processing a file by submitting the complaint form to the Provincial Labor and Social Security Inspections.
IN NO EVENT ARE COMPLAINTS SUBMITTED THROUGH THE EMAIL ON THIS WEBSITE ACCEPTED.
According to article 9.1.f of Royal Decree 928/1998, the complaint must contain:
You can use the complaint models offered
(translated into different languages: ENGLISH, FRENCH, BULGARIAN, ROMANIAN and UKRAINIAN)
INVESTIGATION GUARANTEE: filing a complaint with the Labor and Social Security Inspection guarantees that it will be processed and investigated by the competent officials.
RESPONSE GUARANTEE: once the inspection actions are completed, a response will be sent to the complainant, as long as it is included in those referred to in article 20.4 of Law 23/2015 of July 21:
To those subjects holding individual and collective rights recognized by the regulations corresponding to the scope of the inspection function, who may be affected as a result of the investigative action.
Unitary or union representatives of the workers, regarding the status of the complaints presented by them within the scope of their representation. When article 20.4 refers to the term "unitary or union representatives of workers", it also includes the union delegates of the union sections of the unions, and not only the unitary representation (works committee and staff delegates), in line with the criterion confirmed among other rulings in the STS 29-6-1995, relating to the fact that worker representatives must attend to both unitary and union representation, provided, of course, that the required requirements are met. to have such condition by art. 10 of Law 11/1985, of August 2, Organic Freedom of Association, and the powers contained therein.
In the event that such a relationship does not exist (third party not working in a company that denounces certain behaviors, political parties as holders of collective interests or rights, union organizations without special ties in the cases that give rise to the complaint raised, for not directly affect the violation of their rights as such or not acting within the scope of their representation), the result of evidentiary actions will not be reported in writing.
Therefore, any citizen is entitled to file a complaint with the ITSS, but only those indicated above have the right to receive a response in relation to the actions carried out by this body.
CONFIDENTIALITY GUARANTEE: In accordance with article 20.5 of Law 23/2015, System Regulator, the Labor and Social Security Inspection, anonymous complaints will not be processed, the identification of the complainant being necessary for the submission of the report on the verification actions. and administrative measures carried out in relation to the events reported and frequently used by the acting official to clarify or complete certain aspects of the complaint. However, it must be emphasized that Inspectors and Sub-Inspectors have the duty to consider the origin of complaints confidential, and are obliged not to reveal the identity of the complainants to the companies subject to inspection.
There are three ways to file a complaint:
-PRESENTIAL - Going to the offices of the Provincial Labor and S.S. Inspections, as well as in the registries of the other bodies of the State Administration (A. G. E.) and the Autonomous Communities (CC. AA), as well as the local administrations , provided that the corresponding agreement exists.
-TELEMATICS - Through the electronic headquarters of the Ministry of Labor and Social Economy, provided that the complainant has the DNIe (National Electronic Identity Document), or an advanced electronic signature based on an electronic certificate recognized by the @firma platform. You can also use the CLAVE system.
-VIA POSTAL - Addressed to the address of the Provincial Labor and S.S. Inspection. Please note that if the complaint is submitted by post or in the registers without the complainant appearing, it will be required to attach a certified copy of the complainant's DNI and, where applicable, express authorization from the complainant so that the Inspection can verify their identity data in the corresponding record.
Remember to indicate in the complaint document that you present, the Provincial Labor and Social Security Inspection to which your documentation is addressed, which will coincide with the province where the work center is located.
We put at your disposal a MAILBOX where (through an On-Line form), you can COMMUNICATE - it is not considered a formal complaint - to the ITSS any labor irregularities that you are aware of.
In this case YOU WILL NOT HAVE TO PROVIDE ANY PERSONAL DATA since the mailbox will only collect information about the irregularities that are brought to its attention.
It is important that the data you enter in the form is as detailed as possible, so that the Inspection can, where appropriate, plan the appropriate actions.
It is important to highlight that by reporting labor irregularities through this mailbox, you are collaborating in the execution of the functions entrusted to ITSS.
