What Should Employers Know About Workplace Inspections in Spain?

These inspections are routine but can also be triggered by complaints, accidents, or suspected irregularities. The goal is not only to detect violations but to guide companies toward full compliance. For businesses operating in Spain, especially those unfamiliar with the legal framework, understanding the inspection process is essential. At Marfour International Law Firm, we guide companies through every step — from preparation to response.

How Does the Labour and Social Security Inspectorate Conduct Workplace Visits?

The labour and social security inspectorate is a public body in Spain responsible for monitoring companies’ compliance with employment regulations. They operate under the Ministry of Labour and Social Economy. Inspectors focus on ensuring workers’ rights, health and safety conditions, and correct contributions to the social security system.

Inspectors have the right to enter work sites without prior notice. They can request documents like payrolls, contracts, and social security records. They may also speak directly with workers to verify conditions. If they find any irregularities, they prepare an official report, which may lead to penalties or corrective orders. Employers are legally required to cooperate and provide requested information.

Why Are Workplace Inspections Carried Out?

Workplace inspections serve multiple purposes. They protect workers’ rights, ensure fair practices among businesses, and reinforce the overall integrity of the employment system. When inspectors visit a workplace, they aren’t only looking for major violations; they’re also checking for small but important details that reflect a company’s compliance culture.

They may be checking whether employees are registered with social security, whether working hours and wages are accurate, or whether health protocols are followed. They also help catch undeclared employment or excessive overtime. Even if your company believes it’s compliant, it’s important to understand that inspectors may interpret laws strictly.

What Areas Are Commonly Reviewed During an Inspection?

When the labour and social security inspectorate visits, they evaluate several key areas of business operation. Each area reflects the company’s responsibility under Spanish law.

Employee Contracts

Inspectors verify if contracts are written correctly and reflect the actual working conditions. They ensure employees are classified properly (e.g. full-time, part-time, or temporary) and that contract terms comply with national and sector-specific agreements.

Working Hours and Rest Periods

They check attendance logs, shifts, and records to ensure employees are not overworked and are given proper breaks. Businesses must respect limits on overtime and provide rest periods between shifts.

Social Security Contributions

One of the most serious issues during inspections is verifying that all employees are correctly registered with the Spanish social security system and that contributions are paid on time. The absence of a valid social security number in Spain for any employee may be considered a serious violation.

Occupational Safety and Health

Inspectors look for proper risk assessments, safety training records, protective equipment, and emergency protocols. They check if the company follows guidelines for preventing accidents and illnesses.

Wages and Payslips

Pay records are reviewed to confirm employees are receiving the legal minimum wage, correct overtime compensation, and that salary deductions are lawful.

What Happens If a Violation Is Found?

If the labour and social security inspectorate finds an issue during a visit, they issue a report that may result in administrative penalties. Depending on the severity of the violation, the company may be given time to fix the issue or face fines.

Warning and Corrective Orders

In some cases, inspectors allow companies to correct minor issues without issuing fines. For example, if safety signage is missing, they may give a short deadline to resolve it.

Administrative Sanctions

For more serious breaches — such as not registering workers with a Spanish social security number, illegal contracts, or poor safety standards — penalties can range from a few hundred to several thousand euros.

Legal Proceedings

If labour rights are violated in a serious way or repeatedly, the case may be escalated. This could involve court actions or criminal complaints, especially if there’s evidence of intentional fraud.

How Can Companies Prepare for a Labour Inspection?

While you cannot control when a workplace inspection happens, you can control how prepared your company is. A proactive approach reduces the risk of penalties and builds a solid reputation as a compliant employer.

Keep Accurate and Updated Records

Make sure all employee contracts, payslips, time records, and social security documents are stored, accessible, and up to date. Every employee should have a valid social security number in Spain and proper registration with authorities.

Maintain a Safe Workplace

Ensure your occupational safety procedures are documented and practiced. Risk assessments should be reviewed regularly, and all staff must be trained on health and safety.

Conduct Internal Audits

Before an inspection takes place, companies can do a mock audit or hire an external expert to review internal practices. This helps catch issues early and adjust procedures accordingly.

Train Your HR and Payroll Teams

Staff responsible for compliance should understand their responsibilities and know how to respond to an inspector’s questions. This includes payroll staff, HR personnel, and shift supervisors.

Why Should You Seek Legal Support During or After an Inspection?

Legal support is essential when facing a workplace inspection, especially if the outcome involves penalties or complex legal obligations. Marfour International Law Firm provides practical legal help before, during, and after inspections.

Understanding Legal Obligations

Our lawyers explain what inspectors are looking for, and how to interpret Spanish labour laws correctly. We help businesses align their operations with all legal standards.

Support During Inspections

We can represent your company during an inspection or guide your team on how to cooperate effectively. This ensures that no unnecessary information is provided and that your rights are protected.

Responding to Inspection Reports

If an inspection leads to a violation report, we help draft formal responses, appeal unfair decisions, and prepare any supporting documentation. In many cases, legal representation helps reduce penalties.

Long-term Compliance Planning

Beyond inspections, we support companies in developing internal compliance systems, reviewing contracts, and managing social security matters for all employees.

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How Often Do Inspections Happen in Spain?

Workplace inspections in Spain are ongoing throughout the year. Some sectors, such as construction, hospitality, and agriculture, are inspected more frequently due to higher risks of non-compliance or workplace accidents.

While there is no fixed schedule for inspections, companies with past violations or those operating in high-risk industries may receive more attention. Authorities may also act on employee complaints or whistleblowing reports, which trigger unplanned inspections.

Who Can File a Complaint with the Labour and Social Security Inspectorate?

Any employee, union representative, or concerned citizen can report a suspected workplace violation to the labour and social security inspectorate. Complaints can be submitted anonymously through online platforms, mail, or in person.

These complaints are often a major reason for surprise inspections. That’s why it’s important for employers to address internal concerns seriously before they escalate.

Can Remote Workplaces Be Inspected?

Yes, remote or hybrid work arrangements are still subject to inspection. Inspectors may request documentation, virtual interviews, or ask to visit a central office. They will focus on ensuring fair contracts, accurate time reporting, and social security compliance.

Even if employees work from home, the employer remains responsible for safety protocols, insurance coverage, and proper tax and social security contributions.

FAQs

What is the Labour and Social Security Inspectorate?

The Labour and Social Security Inspectorate is the Spanish authority responsible for monitoring compliance with employment laws, social security obligations, and occupational health and safety standards. Inspectors have the legal right to enter workplaces, request documentation, interview employees, and issue penalties if any violations are found.

Why might my business be selected for a workplace inspection?

Inspections can be random, complaint-based, or part of a broader sectoral campaign. Authorities may investigate if there are reports of unpaid wages, improper contracts, workplace accidents, or undeclared employees. They also check compliance with social security registration and contribution rules.

How can I prepare for a workplace inspection?

To prepare, make sure that:

• All employee contracts are properly documented.
• Social security contributions are up to date.
• Health and safety protocols are implemented.
• Work schedules and payrolls are accurately recorded.
• Employee registration with the Spanish Social Security Number is complete.

Conclusion

Workplace inspections in Spain are a standard part of doing business, and the labour and social security inspectorate plays an important role in enforcing fair and safe working conditions. For any company hiring workers in Spain, being prepared is critical. Inspections can come without warning, but with the right records, processes, and legal support, they don’t have to be stressful.

If you need help managing employment compliance or preparing for an inspection, Marfour International Law Firm offers personalized legal advice for businesses of all sizes. We support you with documentation, social security matters, contracts, and full representation before Spanish authorities.