The new Orden will mean complete removal of the obligation for businesses to have available a “Libro de Visitas” visits book, from the employment inspection authority, Inspección de Trabajo (both in physical paper form, and in electronic form)
The law, Orden ESS/1452/2016, of June 10th (BOE Nº. 220 of 12/09/2016), approves the new model for certification diligence and the duties performed by civil servants in Employment Inspection, in terms of their activities taking place in work centres or during appearances by businesses at the offices of Employment Inspection.
This corporate obligation, which serves to provide record of inspection measures performed in each work place, was subject to a first adaptation in 2013 which replaced the traditional Libro de Visitas book, in paper form, with an electronic Libro de Visitas.
Currently being moved from the businesses themselves, to the work and social security inspection authority (Inspección de Trabajo y Seguridad Social), are the obligations relating to the requirement of documenting and keeping record of inspection measures, thereby freeing business owners from the formal duty of which the absence constituted a minor offence, as obstruction to inspection duty.
The inspectors for Employment and Social Security as well as Employment Deputy-Inspectors, when carrying out their inspection visits to work centres or when performing the appropriate verifications by the party’s physical appearance on public premises, will perform their due diligence in accordance with the model provided in the appendix to the Orden legislation (electronic means may be used). A certification will be provided for each visit, audit or check, stating the matters or aspects examined and further relevant issues, which is to be kept for a duration of five years.