The Order ESS/1452/2016 regulates the model of activity diligence of the Labour inspectorate and it suppresses the llevanza of books of visit
In the Official State Gazette of 12 September the Order was published ESS/1452/2016, of 10 June, through which the model of activity diligence of the Work and Social security Inspectorate is regulated.
The Order has the aim regular facts and acts that they must add to diligences that document the activity of the work Inspection's bodies, its format and its cross-reference to the inspected subjects.
The most notable novelty is that the obligation of the interested parties to acquire or fill is deleted any kind of books or forms for these diligences' performance (Book of visits), although the interested parties should keep at the disposal of the Work and Social security Inspectorate “Books of Visits as well as models of widespread diligence before the coming into force of the order present, for a five-year period, to tell from the date of the latest made diligence. During the above-mentioned period, the Work and Social security Inspectorate will keep diligences made in the Books of Electronic Visits.”
The article 1 arranges that “Inspectors of Work and Social Security Institute and Work Deputy inspectors, on the occasion of every visit to work centres or checkout for appearance of the individual inspected in government offices that they carry out, will spread diligence on such activity, with subjection to the rules considered in this ministerial order.
A diligence will be spread for every visit or checkout, reflecting examined matters or aspects and other concurrent incidences."
The content of the diligence, with general character
The content of the diligence, with general character, will be the next one:
a) Place and date of expedition of the diligence.
b) Identification of the civil servant actuante, Body to that which belongs. If the activity was made for more than a civil servant, including to the set up technicians that they accompany to the inspector of Work and Social Security Institute, the diligence will be subscribed by the Inspector that it directs activities, who will review the identity of the other civil servants that they have intervened.
c) Company details/work centre in which the activity inspector is made (name/registered name, ID number, activity, e-mail address and address of the work centre).
d) Full name, NATIONAL ID NUMBER/NIE, where applicable, of the person that it has looked after to the civil servant actuante in the development of activities, when it has provided its collaboration, as well as the character or depiction with that it intervenes.
e) Circumstances of the collaboration of the representatives of the workers in the development of activities, if would have been produced.
f) examined Matters or aspects and other concurrent circumstances.
The Order foresees a series of specialities
The order as well as it foresees a series of specialities:
a) If requirement was formulated in her of subsanación of deficiencies, the requirement will contain appreciated anomalies or deficiencies with indication of the term for its subsanación, in the terms considered in the article 43 of the Act 31/1995, of 8 November, of Risk Prevention at Work.
b) If deposit of fees is required in her of Social Security Institute or joint collection concepts, agreement will be come from with the regulations of application.
c) If the civil servant actuante documented in the diligence the decision of paralysation or suspension of works considered in the article 44 of the Act 31/1995, of 8 November, he should contain enough details for the determination of the extent and conditions of the decreed paralysation, as well as the ones necessary to the exercise of the right to its contestation.
d) Will not be prescriptive that the diligence contains reference to the practice or not of offence or settlement law reports.
The diligence will be spread in the new model that comes annexe to the Order ESS/1452/2016. They will be able to use electronic media for its elaboration.
The Order on the delivery of copies establishes that a copy of this diligence will be sent or will deliver to the company, another copy of the same, if it proceeds, to the delegates of prevention (article 40.3 of the LPRL), being another in being able to of the civil servant actuante, for its later file. The cross-reference of the diligence's copy to the inspected subjects will be able to carry out for any of admitted means in right.
As well as, imposes an obligation of conservation for the company: Every diligence unit delivered or referred to the company, he should be upheld at the disposal of the Work and Social security Inspectorate during a five-year term, to tell from the date of issue of each one of them. “Additionally should keep at the disposal of the Work and Social security Inspectorate, Books of Visits as well as models of widespread diligence before the coming into force of the order present, for a five-year period, to tell from the date of the latest made diligence. During the above-mentioned period, the Work and Social security Inspectorate will keep diligences made in the Books of Electronic Visits. Within the above-mentioned term, affected companies will be able to request copy of the diligences to them performance benchmarks.”
The Order ESS/1452/2016 has entered vigor el13 of September 2016.