One in ten companies that have requested an ERTE have been inspected

8% of those inspected have been sanctioned

The 11% of companies that have submitted an ERTE have already been inspected or have received a notification that they will receive a visit from the Labor Inspection in the coming days.

These are data provided by the General Council of Colleges of Administrative Managers, as well as another very significant piece of information. Of all the companies that have been inspected, 8% have received some disciplinary file.

According to this same source, almost half of the organisations that carried out an ERTE due to force majeure have in mind to exhaust the deadline granted to them by the Government. Hence, the official bodies are initiating inspection processes. With the aim of monitoring that companies or self-employed persons with employees under their charge are not taking advantage of benefits that do not belong to them.

How to act during an inspection

Law 23/2015 of 21 July, which sets out the current rules on monitoring and compliance with regulations in matters related to Social Security, specifies that the Inspector may enter your workplace without prior notice and at any time. Due to rulings that we have already analysed in this same newspaper, it is always advisable not to hinder this action in any way.

Only in the case where the workplace coincides with the private residence, a judicial authorization may be required. From here, the Inspector can demand the presentation of any type of information related to the activity in question, as well as explanations to workers, employers or representatives of who is in the Center and what their functions are.

You may also request any documentation that aims to verify compliance with the regulations being analyzed. In this case, the ERTES. Therefore, it is advisable to have perfect control over where this information is at all times.

The person may even take any precautionary measure to prevent actions aimed at destroying or manipulating evidence or documents of any kind. Throughout this process, this authorized person may require the businessman or representative to accompany him. He may even take any type of image or video, with the sole condition of notifying the businessman under investigation.

If you have any questions about compliance with the requirements established for maintaining the ERTE, you can go to our offices or call us at 968 45 46 24, and our labor experts will assist you. You can also contact us through Contact Form.