Understanding Spanish Labor Inspections and Compliance Rules

Running a business in Spain comes with strict labor compliance obligations, and failure to meet them can trigger costly inspections and fines. Spanish labor inspectors (Inspectores de Trabajo) ensure companies respect employment laws—from fair contracts to health and safety.

Here’s everything you need to know to prepare for a labor inspection in Spain and avoid legal trouble.

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📌 1. What Is a Labor Inspection in Spain?

A labor inspection is a formal audit conducted by the Inspección de Trabajo y Seguridad Social to verify compliance with Spanish employment laws, social security, and workplace safety standards.

Inspectors are authorized to:

• Enter the workplace without prior notice

• Request documents and records

• Interview staff and management

• Impose fines or sanctions

Inspections may be random, complaint-based, or part of targeted campaigns.

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🔍 2. What Do Inspectors Check?

During a typical inspection, authorities may review:

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📂 3. Required Documentation for Labor Inspections

Employers must provide access to:

• Employment contracts

• Payroll records and payslips (nóminas)

• Social security contribution proof

• Employee time logs (especially for part-time staff)

• Workplace safety documents (PRL)

• Certificates of training and accident reports

• List of foreign workers and their immigration status

📌 Keep all documents organized and updated—digital or printed copies are acceptable.

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⚠️ 4. Common Violations and Fines

Fines increase for repeat offenders or if harm has occurred due to noncompliance.

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🕰️ 5. Record-Keeping Obligations

Employers in Spain must keep:

• Employment contracts for at least 4 years

• Time logs for working hours and breaks (daily records)

• Payroll and tax records for 4–6 years

• Health and safety documentation continuously updated

💡 Failing to keep or present these records may lead to presumptions of guilt during inspection.

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🧾 6. Labor Inspection Procedure: Step-by-Step

1. On-site visit or document request notice

2. Inspector identifies themselves and states reason (unless undercover)

3. Review of documentation and workplace conditions

4. Interviews with employees or HR/management

5. Issuance of a report (acta de infracción) if noncompliance is found

6. Opportunity to submit allegations or corrections

7. Final resolution with potential fine, sanction, or compliance plan

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👷 7. Health & Safety (PRL) Compliance

All companies must implement Prevención de Riesgos Laborales (PRL):

• Appoint a Health & Safety coordinator

• Conduct workplace risk assessments

• Provide employee safety training

• Equip workplace with required protective measures

Even small companies with only 1 employee must comply.

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🧑‍⚖️ 8. Rights During an Inspection

You have the right to:

• Request inspector ID

• Be informed of the scope and reason (unless part of surprise inspection)

• Provide explanations or supporting evidence

• Challenge findings via administrative appeals or courts

However, obstructing an inspection is a serious offense.

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🛡️ 9. Preventive Compliance: Best Practices

To stay compliant and avoid surprises:

• Use standardized employment contracts aligned with the convenio colectivo

• Register all employees with Social Security before they start

• Keep payroll and time tracking systems updated

• Run internal audits regularly

• Ensure valid NIE/work permits for all non-Spanish workers

• Partner with an HR or labor law specialist

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👨‍⚖️ 10. Need Help With Labor Compliance in Spain?

Borderless Lawyers provides:

• Labor compliance audits and support

• Legal representation in labor inspections

• Contract and payroll reviews

• Health & safety (PRL) implementation

• Immigration checks for foreign workers