New Strategic Plan of the Labor Inspectorate 2021-2023.

The new Strategic Plan of the Labor and Social Security Inspectorate (Inspección de Trabajo y Seguridad Social, ITSS) for 2021 to 2023 has the general objective of strengthening its enforcement action through regulatory measures, controlling the most recurrent irregularities in labor matters, and improving the quality of employment over the next 3 years.

Although we will have to wait for its final publication, the Ministry has already announced the general lines of action of the ITSS for the next three years.

There are three such general lines:

1. Control and review of temporary layoff schemes (ERTEs) in order to detect and prevent fraud, such as receiving unemployment benefits while continuing to work.

2. Control of compliance with the regulations governing remote work (Royal Decree-Law 28/2020, of September 22, on remote work).

3. Control of compliance with equality regulations in order to eliminate sex-based discrimination and the gender pay gap, and to verify the existence of equality plans and the proper keeping of the pay register (registro salarial).

To carry out these controls, more than 500 inspectors have been hired to strengthen the enforcement capabilities of the Labor Inspectorate.

The new plan will focus mainly on
 
1. Implementation of Equality Plans with regard to working hours and pay

2. Fraudulent temporary and part-time contracts

3. The situation of immigrant workers

4. Monitoring of pay below the national minimum wage (SMI)

5. Control of compliance with the new remote work law

6. Detection of fraud in ERTEs

7. Control of legal arrangements such as bogus self-employed workers (falsos autónomos), interns (becarios), and foreign workers

8. Assessment of companies with high workplace accident rates

9. Protocols adopted by companies regarding the prevention of risks arising from Covid-19

Other points of interest that will be inspected
 
1. Compliance with Covid-19 protocols.

2. Control of abusive temporary hiring.

3. Subcontracting, works, and services.

4. Work-life balance.

5. Control of compliance with occupational risk prevention regulations.

6. Control of the existence of measures to prevent harassment.

7. Implementation of the regulations on domestic workers.

Bear in mind that joint and/or coordinated action remains a priority in the areas of underpayment of Social Security contributions, falsely declared self-employment, and the informal economy.

Thus, with regard to interns and non-employment internships (prácticas no laborales), actions aimed at detecting whether these arrangements are being used to conceal genuine employment relationships in which workers’ rights are not being respected will be expanded.

As regards the detection of bogus self-employment, data cross-checking with the Spanish Tax Agency (AEAT) and the General Social Security Treasury (Tesorería General de la Seguridad Social) will be stepped up, and a system will be designed to identify interposed companies that facilitate this type of fraud.