The Labour and Social Security Inspectorate Governmental Body, in accordance with the provisions of Law 23/2015 of 21 July 2015 authorising the Labour and Social Security Inspectorate System, Royal Decree 192/2018 (Spanish Government Gazette (Boletín Oficial del Estado) of 7 April 2018) approving its Statute, Royal Decree 138/2000 of 4 February 2000, and the Ministerial Regulation of 12 February 1998, has a separate public legal personality, its own assets and treasury, and management autonomy and full legal capacity to act.
Its sphere of competencies includes the administrative powers required to fulfil the aims entrusted to it by Law 23/2015 of 21 July 2015 authorising the Labour and Social Security Inspectorate System, under the terms provided for in this Statute and in the other applicable regulations, except for the power of expropriation.
The administrative powers conferred on it empower it, within its sphere of competencies and through the bodies that make up its structure, to monitor compliance with labour standards and enforce the relevant liabilities, as well as to provide advice and, where appropriate, conciliation, mediation and arbitration in these matters.
To achieve the above aims, it shall exercise the administrative powers of planning and programming inspection activity, as well as laying down instructions for the organisation of services, general operational criteria and binding technical criteria, in the terms and to the extent envisaged in this Statute.
FUNCTIONS OF THE BODY
The Labour and Social Security Inspectorate is an autonomous body that exercises the functions entrusted to the Labour and Social Security Inspectorate by Law 23/2015 of 21 July 2015 authorising the Labour and Social Security Inspectorate System, without prejudice to the provisions regarding the Autonomous Communities to which the public function of inspection has been transferred (Article 2 of Royal Decree 192/2018, Spanish Government Gazette of 7 April 2018)
Services to supervise and enforce compliance with the legal rules, regulatory standards and the regulatory content of collective agreements
The scope of these services covers the following areas:
-Work organisation and trade union relations.
-Occupational risk prevention.
-Rules concerning scope of application, registration, affiliation, registration of new employees and deregistration of former employees with Social Security, payment and collection of Social Security contributions.
-Rules on obtaining and receiving Social Security benefits as well as voluntary improvements or other voluntary supplementary systems established in collective agreements.
-Rules on cooperation in Social Security management.
-Rules concerning placement, employment and unemployment protection; emigration, migratory movements and work by foreign nationals; occupational and continuing vocational training; temporary work agencies, employment agencies and integrated employment service plans.
Technical assistance services
-Information, assistance and general guidance for companies and workers while inspections are under way.
-Technical assistance for Social Security bodies and entities when requested.
-Information, assistance and cooperation with other Public Administration bodies regarding the application of social order rules or the supervision and monitoring of public aid and subsidies.
-Drafting of technical labour reports at the request of the labour judicial authorities.
Arbitration, conciliation and mediation services
In any case, for LSSI action to be taken, there must be acceptance by the parties affected by the industrial conflict or strike.
Inspection actions resulting from the services provided by the Labour and Social Security Inspectorate
-Formal notices or warning notices where there is no direct harm to the workers.
-Commencement of disciplinary proceedings by means of issuing violation notices.
-Commencement of settlement proceedings for Social Security debts and joint collection items, by means of executing settlement notices.
-Commencement of ex officio proceedings for the registration of companies, affiliation and registrations and deregistrations of workers in the relevant Social Security scheme.
-Commencement of proceedings to place companies and workers in the appropriate Social Security scheme.
-Proposal to the relevant bodies for the suspension or termination of social benefits, if it is found that they have been obtained or received in breach of the regulations governing them.
-Proposal to the relevant body for the increase of economic benefits in the event of an accident at work or occupational illness caused by a lack of occupational health and safety measures.
-Proposal for increases or decreases in insurance premiums for accidents at work and occupational illnesses in the case of companies due to their behaviour in occupational health and risk prevention.
-Order to immediately cease work or tasks due to failure to observe occupational risk prevention regulations, in the event of serious and imminent risk to health and safety.
-Communication to the relevant bodies of non-compliances detected in the use and granting of aid and subsidies for the promotion of employment, occupational vocational training and social promotion.
-Ex officio formulation of claims to the labour courts in accordance with the applicable legislation.