In the coming years, the Labour and Social Security Inspectorate will focus on ensuring decent work, the fight against precariousness and labour fraud.
The Ministry of Labour and Social Economy has recently published the Strategic Plan of the Labour and Social Security Inspectorate for the years 2021, 2022 and 2023, which details 40 objectives grouped into four basic axes, which in turn are divided into various specific actions.
The basic axes of the Plan are:
1.-Contribute to improving the quality of employment, fight against precariousness and fraud in labour and Social Security matters and guarantee the rights of workers. Some of the priorities of this axis will consist of: The fight against discrimination in employment, equality and non-discrimination will be the object of the Labour and Social Security Inspectorate (hereinafter ITSS), especially in terms of wage discrimination, discrimination in personnel selection and professional promotion and reconciliation of work and family life. The investigation of wage infringements, whether due to incorrect payment, total non-payment or late payment of wages, will also be a priority in this area.
The objective of the ITSS is the recovery of wages by workers and the payment of the differences in Social Security contributions. Similarly, the working day will be inspected in order to control excess working hours and/or the non-declaration of overtime. Checks will also be made on the reliability of the working day records, controlling the working hours of part-time contracts and that overtime work does not exceed the limits.
In this way, the ITSS wants to fight against infringing behaviour that degrades working conditions, especially, and taking into account the rise of teleworking due to the COVID-19 health emergency, it will be a priority for the ITSS to monitor compliance with RDL 28/2020 of 20 September that regulates teleworking.
Self-employed workers will be checked by the ITSS with the support of the Anti-Fraud Tool, in order to determine the existence or non-existence of the employment relationship, and thus detect the so-called false self-employed.
Trainees and interns will also be subject to inspection in order to determine whether or not the provision of work is being disguised. The control of public aid in the area of employment will be another of the points where the ITSS will allocate resources to control fraud in the procedures for the suspension of contracts and reduction of working hours (ERTE). Thus, inspection action will focus on undue exemptions from social security contributions.
This strategic plan aims to guarantee decent, safe and healthy working conditions, intensifying inspection actions aimed at preventing the infringement of trade union rights and ensuring compliance with the Law on the Prevention of Occupational Risks.
2.-Strengthening the ITSS’s capacity to act in all areas where it exercises its control powers (hiring, wages, dismissals, etc.). Some modifications are proposed to the regulations governing labour inspection and social offences and sanctions.
Within this area, it is worth highlighting the objective of strengthening the role of the Inspectorate in the area of temporary contracts due to the high rate of temporary employment in the Spanish labour market, considering that the regulatory framework for fixed-term contracts should be reformed.
In the area of wages, insofar as this is the essential element of the employment relationship, the ITSS will collaborate with the Tax Agency with the aim of cross-checking information in order to identify irregularities. Similarly, a computer application will be developed to identify discrepancies between wages paid and the wage tables published in collective agreements.
3.- Strengthen and modernise the ITSS system in order to improve the quality of the service provided. The ITSS, insofar as it is a fundamental instrument for guaranteeing labour rights and the sustainability of the Social Security system, needs to improve its capacity for action.
The first two axes are geared towards this aim, but in order to carry out this task it will be necessary to have sufficient material and human resources to be able to develop the objectives set.
Thus, the objective of this third axis will be to strengthen the structure of the Labour and Social Security Inspectorate, increasing human resources and incorporating new professional profiles to carry out technical and administrative tasks.
This third axis also aims to improve the quality of the service provided to the public, improving the knowledge and skills of ITSS employees through continuous training, thus strengthening the Inspection School.
Also in the line of improving quality, it is planned to improve the planning of inspection activities by using extensive campaigns that include the automatic issuing of reports. The resources allocated to the Anti-Fraud Tool will be increased, a tool which, through the use of analysis techniques and the massive management of data already in the possession of the public administrations, allows for better planning and execution of inspection activity.
4.- International activity of the ITSS. This is a new area that has its raison d’être in the fact that citizens are increasingly involved in more globalised labour relations, online work, digital platforms, global supply chains, etc. In this area, the ITSS will seek to promote decent work, guarantee workers’ rights and combat the precariousness associated with international labour situations.
Another objective will be to strengthen international cooperation with countries where there is a greater flow of companies that post workers, such as Portugal, France, Romania and Morocco. Similarly, the ITSS will also aim to expand cooperation with Latin American countries in order to strengthen relations and improve the positioning of the Spanish ITSS system in the world.
The AddVANTE Labour Management Department remains at your disposal for further information or to resolve any queries that may arise in connection with this article.