ICONOS FINALES-TRAZADOS

Work inspection: better with advisor

Translation generated by AI. Access the original version

A poorly managed appearance at the Work Inspection can worsen the company's situation.

Work inspection: better with advisor

If a company receives a summons to appear before the Work Inspection, it can go alone to save on the fees of its advisor. However, many inspections are based on previous evidence (complaints, police reports, data crosses...) that do not always prove the full extent of the non-compliance. What the company states can be decisive... Therefore, it is advisable to go with an advisor.

The law requires the company to collaborate with the Work Inspection, but its statements do not have to go beyond the proven facts. Excessive or unnecessary statements can become the main evidence against them.

In the day-to-day of the Work Inspection, situations like the following are repeated:

  • Employers who acknowledge that a worker helps in the business, works few hours, or has worked several days, when the Inspection only has evidence of one day of work.
  • Companies that admit longer working hours than those proven by time records or even by witnesses or the RLT.
  • Self-employed individuals who confirm that an irregular situation "has been going on for some time," even specifying dates, allowing the Inspection to extend periods to claim more contributions.
  • People who verbally explain practices that were not being investigated.

Ultimately, the Inspection can use the statements of the person appearing as a basis to regularize contributions or adjust sanctions. Therefore, before attending a summons at the Inspection, it is advisable to:

  • Review the existing and requested documentation.
  • Not provide "more papers" than requested.
  • Analyze which facts are proven and not provide more explanations than necessary.
  • Let an advisor answer the inspector's questions.

 

Our professionals will inform you about any doubts you may have regarding the management and preparation of Work and Social Security inspections.

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