Labor inspection and Social Security
The Labor and Social Security Inspection will be increased during 2016 and the actions to detect Social Security fraud, specifically due to improper regimes, companies with debts, successions, groups of companies and subcontractors, benefits, leave control undue, under-contributions for non-application of collective agreements or undue bonuses.
This has been agreed by the Territorial Commission for Labor Inspection and Social Security, an organ formed by the Government of Navarra and the Ministry of Employment and Social Security, which has met at the Government Delegation to take stock of the work carried out by throughout the year 2015 and plan your activity in 2016.
The inspection activity of this commission is divided into four subjects: irregular economy and work of foreigners (36% of the shares), prevention of occupational hazards (25%), Social Security (24%) and occupation and labor relations (15%) .
Specifically, regarding Social Security, compared to 1,609 service orders in 2015, the forecast for 2016 is to reach 2,102, up 30.6%.
The actions in this area are in accordance with the agreements of the Labor and Social Security Inspectorate with the General Treasury of the Social Security, the National Social Security Institute, the State Public Employment Service and FOGASA.
On the other hand, the Labor Inspection will also increase next year by 4.6% (from 1,252 to 1,313 inspections) the forecast of actions in the field of labor relations: labor hiring in its various modalities, control over the time of work, effective equality between women and men and compliance with the reserve quota for disabled workers.
Finally, in 2016 the Inspection will maintain actions in the area of irregular economy and work of foreigners (aimed at combating undeclared work, irregular employment and fraud in Social Security benefits) and in the prevention of occupational hazards. In this regard, controls on working conditions of minors, biological risks and technical assistance will be incorporated during the opening of new work centers.
Night and night visits
The Territorial Commission for Labor Inspection and Social Security has also taken stock of the actions carried out in 2015.
In the matter of Social Security, five “fictitious companies” have been annulled and 141 acts of infringement have been carried out, mainly in terms of unemployment benefits. 162 Social Security registrations have been canceled and the return of benefits has been requested for a total amount of 147,717.52 euros.
In the section on employment and labor relations, the degree of compliance with the planned activity has led to the conversion of 452 temporary contracts into indefinite. As of October 31, 14% more interventions planned for the whole year have been carried out.
Regarding irregular economy, it should be noted that, with a view to achieving greater effectiveness in the work to combat irregular economy, a large number of visits have been made at night (196), holidays (315) and holidays / night (62) and with the collaboration of State Security Forces and Bodies, in application of the instruction on collaboration between the Labor and Social Security Inspectorate and the State Security Forces and Bodies in the fight against irregular employment and Social Security fraud.
In Occupational Risk Prevention, until October 31, there have been 8% more orders to monitor business obligations than in the same period last year.
Workday Registration - Registration again
In the last 50/2016 circular of December 28, we informed of the instructions that the labor inspector had received to pursue the extra hours and demand that the companies register the day of their workers. The instructions state that the registration of the working day must guarantee the reliability and the invariability of the data.
Whenever the company uses electronic or computer means in which the worker has to use a magnetic or similar card, or his fingerprint, it seems that the reliability or invariability of the recorded data would be guaranteed, but the problem is when the registration is manual , on paper, in which case the inspector could require that the worker's signature support the case in each case the time of entry and exit of the work recorded in the register.
Our recommendation, therefore, is that if a manual or paper record is used, the worker must have the daily work record signed, both at the entrance and at the exit of the work center.
Recall that the company must prove that it has delivered to each of its workers a summary of the work schedule of each period coinciding with the payment of the payroll, from which time the company will no longer be obliged to keep the daily record of that period.