The elimination of the Visitors Book available to the Labour Inspectorate

Written on 29 Sep 2016

Following the entry into force of Order ESS/1452/2016 of 13 September 2016, the requirement for companies to acquire or fill in the Visitors Book which, to date, kept a record of the actions carried out by the labour inspectors, has been eradicated.

This corporate responsibility was subject to a primary adjustment in 2013 with the introduction of the Act on supporting entrepreneurs and their internationalisation. At that time, the administrative burden on companies was significantly reduced, since the traditional paper Visitors Book which should be kept in each workplace was substituted by a new Visitors Book in electronic media format.

With the entry into force of this Order, the obligations related to the need to document activities of the inspectors shift from the companies to the Labour Inspectorate. Thus, the obligation to document in writing every action taken by officials of the Inspection outlined in Act 23/2015 of July 21 on the Authorisation of the Labour and Social Security Inspection System is complied with. This obligation states that such documentation must be via electronic means and does not impose upon companies any obligation to acquire books of forms for the conducting of such proceedings.

From now on, labour inspectors will draw up a written report, in accordance with an official model, for each action that they take during visits to workplaces or the checks carried out through the appearance of the inspected subject at public agencies.

In each of these reports, matters or issues inspected the cooperation of the workers´ representatives in the development of the proceedings, if they were to take place, and other concurrent incidents, will be reflected. Additionally, if a request for the remedy of shortcomings is submitted, the report will contain any anomalies detected and indicate their rectification period. It will also contain any possible non-compliance picked up and a warning that failure to remedy this will give rise to the corresponding notice of infraction, if this was not practiced initially

The Inspection reports will be sent to the companies inspected, preferably by electronic means, who must retain them for 5 years.

The Order states that companies must keep the Visitors´ Books and extensive reports dating from before September 13 2016 available for inspection for a period of five years from the date of the last report completed. During this period, the Inspectorate of Labour and Social Security will retain the report carried out in the Electronic Visitors´ Book and companies will be able to request a copy of the reports concerning them.

With these measures, the Ministry of Employment hopes to produce savings of 700 million euros in businesses.