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Law 23/2015, 21 July, Milking Of The System Of Inspection Of Labour And Social Security.

Original Language Title: Ley 23/2015, de 21 de julio, Ordenadora del Sistema de Inspección de Trabajo y Seguridad Social.

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TEXT

FELIPE VI

KING OF SPAIN

To all who present it and understand it.

Sabed: That the General Courts have approved and I come to sanction the following law.

PREAMBLE

I

After a continuous presence of more than a hundred years in the world of industrial relations, the Labour and Social Security Inspectorate is a firmly established institution in our country, which has been able to adapt at all times to the circumstances of the social and economic reality in which it has deployed its performance to ensure compliance with social legislation.

After a long evolution and successive changes throughout the twentieth century, since its creation by the Regulation of March 1, 1906, passing through Law 39/1962, of July 21, of the Ordination of the Inspection of Work, which brings together in a single National Labour Inspectorate monitoring and control of the social legislation, until then competition from various inspection services, Law 42/1997, of 14 November, authorising officer of the Labour and Social Security Inspectorate, For the first time the Labour and Social Security Inspectorate was set up as a system, i.e. as a organized set of legal principles, organs, officials and material means.

This law was consistent with the principles of unit of function and performance with those of functional specialization and teamwork, while incorporating useful mechanisms of participation and collaboration of all public, state and regional administrations in the Inspection System.

However, in the time since the entry into force of that law, new elements have appeared which require the adoption of a new regulatory framework for the Labour and Social Security Inspectorate.

On the one hand, the provision of the public service of labour inspectorate and social security must be adapted to the normative changes in our sociolaboral order, in which after successive legislative reforms have gone introducing important changes, which seek to combine the necessary flexibility in the management of human resources with greater protection of the rights of workers, among which is undoubtedly the right of all workers to have recourse to the Labour and Social Security Inspectorate when they consider their rights have been conculcated.

On the other hand, the evolution in the exercise of the autonomic powers of implementation of labour law in the Spanish territory, which has been substantiated in the transfer of the public function inspector to the Communities Autonomous regions of the Basque Country and Catalonia, evidence of the need to adapt the organizational model of the Inspectorate, in order to reconcile the coexistence of the essential principles of unity of function and unique and integral conception of the System with the development of the competences of the Autonomous Communities in this field.

In addition, the Labour and Social Security Inspectorate has experienced in recent years a remarkable process of modernization and technification in its operation, so that the actions carried out by the Inspectorate have won in depth and in depth. Maintaining and consolidating the increase in the effectiveness of the Labour and Social Security Inspectorate requires the institution to be strengthened, integrating and ordering the operation of the services in this new organizational model. Inspection, as well as the articulation of the mechanisms of collaboration, cooperation and coordination among all the Public Administrations involved.

II

This law is included in the package of measures adopted by the Government for the rationalization, simplification and modernization of public administrations. The action of the public authorities, in their various areas of action, has a clear effect on society, which is considered as a whole: the citizens are the recipients of the administration's actions and the satisfaction of their Legitimate rights and expectations should be guided by such action.

The Labour and Social Security Inspectorate, as a public service responsible for the monitoring and control of social legislation, makes a decisive contribution to the preservation of workers ' rights, which the legislation The Committee on Employment and Social Protection, in particular in the context of the social protection system, has the right to plan its monitoring and control activities, especially in those areas where there is a high demand from the public, such as the on the employment regime, on the duality of the labour market, on access to employment and the performance of the provision of work under conditions of equality and non-discrimination, the right to health and safety at work and the guarantee and survival of a public social security scheme. In addition, the Labour and Social Security Inspectorate should enhance its role as mediator in the prevention and integration of labour disputes, and information and technical assistance to businesses and workers, which will strengthen its configuration as a public service harmonizer of labor relations.

To this end, the law establishes a model of inspection based on a series of common principles, among which the search for quality and efficiency in the delivery of service to citizens, the single and integral system design and the principle of function unit and inspector performance. At the same time, the participation of all the Public Administrations in the field of the subject matter of the subject matter of the inspector's activity is being strongly advanced, respecting the constitutional system of distribution of powers. The System is integrated not only by the Public Administrations of the material competences of the implementation of the labor and social security legislation, but also by the organs and the institutional structures created for the coordination of these bodies, including the Consortium of the Labour and Social Security Inspectorate of Catalonia and the Basque Labour and Social Security Inspectorate.

The State Agency for Labour and Social Security is also established, as an autonomous body of those provided for in Law 6/1997 of 14 April, of the Organization and the Functioning of the General Administration of the State, placing the inspection services in the field of the Institutional Administration and thus allowing the execution under the functional decentralization system, both of specific programmes in matters of competence of the General Administration of the State or of the Autonomous Communities, as well as joint programmes in which the planning of actions in different areas. The General Administration of the State and the Autonomous Communities will participate in the Governing Council of the Agency, as long as they are of the material competences upon which the Inspectorate works. The management and representation of the body is entrusted to the holder of his address. Moreover, the principle of institutional participation, which the law expressly collects, is manifested by the presence of the most representative trade union and business organizations in the Inspection System, as representatives which are the main recipients of the activity of the inspector, the employees and the companies. The law provides for the existence of a General Council, which replaces the current Tripartite Consultative Commission of the Labour and Social Security Inspectorate, as an institution of institutional participation in matters relating to the State Body and to which information, hearing and consultation functions are attributed to the matters of which the Governing Council is aware.

Additionally, in order to consolidate and strengthen the presence of the Autonomous Communities in the Inspection System, the Autonomous Authority of the Labour and Social Security Inspectorate will be established, which will be the designated office. for each autonomic government, to whom the law entrusts, among other functions, the impulse, proposal and supervision of the inspection actions with respect to the autonomic competencies in its territory.

In the field of relations between the General Administration of the State and the Autonomous Communities, more agile and executive cooperation mechanisms are established, through the establishment of the autonomous operational commissions of the Labour and Social Security Inspectorate, which are based on the permanent dialogue in the territorial sphere between the Inspectorate and the Public Administrations holding the material implementing powers of the social order legislation.

In any case, the new forms of cooperation provided by the law respect the mechanisms of territorial collaboration, already established in the agreements with the Autonomous Communities on the transfer of functions and services in the field of public function inspector.

This shared organisational model will avoid duplication, inefficiencies and cost overruns and will serve as a unified monitoring framework for all social order legislation, which is fully compatible with the principle of the market that espouses the Constitution and the Treaties Constitutive of the European Union and that has been consolidated in the present legislature with the approval by the Courts General of Law 20/2013, of December 9, of guarantee of the unity of market.

The organizational model of the System provides for the regulation in its Statutes of a National Fraud Office, as a specialized agency of the Labor and Social Security Inspectorate to combat This is the case for undeclared work, irregular employment and social security fraud. Following the experience of the plan to combat irregular employment and social security fraud approved by the Council of Ministers, on 27 April 2012, and with effect until the end of 2013 and considering the positive results derived It is necessary to address, beyond the current context, the setting up of permanent structures in the fight against fraud. The creation of a National Anti-Fraud Office under a new Law on the Computer System of Inspection is contemplated in the National Reform Program 2014, which is contained, in turn, in the intense reform agenda of the Government, as a follow-up to the 2012 and 2013 Programs.

The Office has the intention of tackling the phenomenon of fraud in a global way, given the transversal dimension that it represents. Fraud is not only a misuse of the resources of the Social Security system (generation or enjoyment of undue benefits) or a lack or deficiency of contribution to its support (total or partial absence of contributions). social). Fraud is linked, in most cases, to situations of labour exploitation in which workers are denied the most basic rights, the most important of which is the recognition of their status as workers, as is the case in a Undeclared work context.

III

The law regulates the legal status of the officials of the Inspection System as a whole, in a complementary manner to the content of Law 7/2007, of 12 April, of the Basic Staff Regulations. Certain peculiarities of the work carried out by staff with inspection duties require specific regulation. In this context, the National Inspection Corps is given the consideration of the National Inspection Corps, in order to avoid the dysfunctions and loss of effectiveness that would generate the performance of different inspection bodies in the same companies and workers, with the consequent loss of the company's overall view, duplicity of visits, confusion with regard to the inspector's body to which it is responsible, possible contradictions in the interpretation of the rule or the existing legal relationship, delays and other dysfunctions.

In line with this, the principles of single entry and convocation are established, a reserve of inspection and mobility between public administrations, all with the participation of the Autonomous Communities in the issues relating to the staff scheme.

On the other hand, the law advances in the specialization of officials and in the need for programmed and teamwork. To this end, new competencies are attributed to the new Labor Subinspector Corps, and the possibility of having technical and administrative personnel for the preparation of the scheduled actions is also foreseen.

Two scales are created within the Labor Subinspectors ' Corps: A Scale of Subinspectors of Employment and Social Security, made up of the current Sub-Inspectorate Corps and another new, Security and Health Subinspectors. Labour, with specific functions in the field of occupational risk prevention, which will enable the inspection of this subject to be extended and strengthened. In this way, the tasks relating to the verification of the working conditions or other similar preventive measures, currently being carried out by the Labour and Social Security Inspectors, may also be carried out by the Sub-inspectors, under the coordination and direction of an Inspector, as is the case for employment and social security.

This is a measure of rationality and organizational improvement that will be more effective and will give a more prompt response to the requirements of society in matters affecting the life and health of the workers.

The effectiveness and legal certainty of the procedures initiated by the Labour and Social Security Inspectorate are increased through the extension of the collaboration of the various Public Administrations with the Inspectorate. Thus, it is recognized that the allegedly constituting acts of undeclared work and irregular employment which are communicated to the Labour and Social Security Inspectorate by public officials who have the status of agents of the authority may be validly adduced as evidence by the Inspectorate in the field of its own procedure, without prejudice to the other evidence to be carried out by the staff of the Labour and Social Security Inspectorate to qualify and properly typify the facts contained in the received communications.

Moreover, the law updates the regulation of the guarantees of the actions of the officials of the System, explaining to this effect the protection against any kind of violence, coercion, threat or undue influence, as guiding principles which guarantee independence in the work of the Labour and Social Security Inspectorate, as required by Conventions No 81 and 129 of the International Labour Organisation. In addition it is regulated, in a uniform manner for all officials, the protection in the matter of the Competent Authority for the purposes of the Organic Law 1/1982, of 5 May, of civil protection of the right to honor, to personal and family intimacy and to the own image.

The law updates the tasks, functions and means of action of the Inspectorate, assuming in this sense an adaptation of the regulations after the Law of 1997, not only in relation to the inspection subjects, but also in the rules of a general nature. Given that the legislation whose implementation and monitoring is entrusted to the Inspectorate is the same throughout the territory, it must also be the same technical criteria and instructions as to ensure that the rules are uniform, (a) not to be introduced in this way by territorial differences, without prejudice to the functional dependence of the Inspectorate of the Autonomous Communities, which is not affected by this provision, since it is limited to the identity in the rules and not extends to the execution of the same. In this way, it is established as a general principle that guides the System of Inspection of Work and Social Security, that of the unit of technical interpretative criterion.

Finally, the mutual collaboration assumptions to be provided by the Labour and Social Security Inspectorate and other Public Administrations and entities are enhanced and improved, seeking once again the efficiency and the economy of means.

The greater effectiveness of the inspection activities also involves the use of technological and communications means to be provided by the Inspectorate, and the consideration of its role as an element of the system's cohesion, without forgetting the due guarantees of the rights of the citizens and, therefore, their adaptation to the Organic Law 15/1999, of 13 December, of Protection of Data of Personal Character.

Finally, it should be noted that the System of Inspection of Labor and Social Security will perform its functions throughout the Spanish territory, fulfilling the forecasts contained in the Conventions number 81, 129 and 187 of the International Labour Organization.

IV

In the preparatory work of this law, the Government has counted on the participation of the Autonomous Communities, in particular, for the questions concerning the definition of the new shared model of inspection that the The law presents, which is, therefore, from its very conception.

The government has consulted and discussed the content of the law with the most representative trade union and business organizations and submitted the text of the preliminary draft to the Economic and Social Council's opinion.

TITLE I

Work Inspection and Social Security System

CHAPTER I

General provisions

Article 1. Definition and object of the System of Inspection of Labour and Social Security.

1. The System of Inspection of Work and Social Security is constituted by the set of legal principles, norms, organs, personnel and material means, including the computer systems, that contribute to the adequate fulfillment of the mission that has entrusted, as set out in this law.

2. The Labour and Social Security Inspectorate is a public service which is responsible for monitoring compliance with the rules of the social order and requiring the relevant responsibilities, as well as the advice and, where appropriate, conciliation, mediation and arbitration in these matters, which shall be carried out in accordance with the principles of the social and democratic rule of law enshrined in the Spanish Constitution, and with the Conventions number 81 and 129 of the International Organization of the Job.

The rules of the social order referred to in the preceding paragraph include those relating to labour matters, the prevention of occupational risks, social security and social protection, placement, employment, vocational training for employment and protection for unemployment, social economy, emigration, migratory movements and labour of foreigners, equal treatment and opportunities and non-discrimination in employment, as well as many others attribute the monitoring of their compliance to the Labour and Social Security Inspectorate.

Article 2. Principles of the System of Labour Inspection and Social Security.

The System of Inspection of Labor and Social Security is ordered, in its organization and operation, according to the following principles:

a) Effectiveness and quality in the delivery of service to citizens.

b) Unique and integral conception of the System, guaranteeing its cohesive functioning through the coordination, cooperation and participation of the different Public Administrations.

(c) Unit of function and inspector in all matters of the social order, in the terms established in this law, without prejudice to the criteria of functional and programmed performance.

d) Imbias, objectivity and equal treatment and non-discrimination in the exercise of the inspector's function.

e) Reserve of the inspector in the social order to the officials of the Higher Body of Inspectors of Labor and Social Security and of the Body of Labor Subinspectors, in the terms provided for in this law.

f) Organization and development of activity according to the principles of programmed and team work.

g) Single access and convening in the National Bodies of Labour and Social Security Inspectors and Labour Subinspectors, by means of selective, state-wide, unitary processes.

h) Mobility among public administrations in the process of providing jobs for officials of the National Inspection System Corps.

i) Institutional participation of the most representative trade union and business organizations with respect to the set of functions attributed to the System.

CHAPTER II

Inspection System Personnel

Section 1. Personal with inspecting functions

Article 3. Officials who make it up.

1. The Labour and Social Security Inspectorate referred to in this law shall be exercised in its entirety by senior technical and national career officials, belonging to the Higher Body of Labour and Security Inspectors. Social, whose legal status and conditions of service guarantee them the technical independence, objectivity and impartiality prescribed by Conventions number 81 and 129 of the International Labour Organization.

The career officers of the Labour Subinspectors ' Corps are responsible for the exercise of inspection duties, in the terms and with the scope laid down in this law, as well as the functions of support, collaboration and management that are precise for the development of the work inspector. Such officials shall have a national rating and their legal status and terms of service shall also ensure objectivity and impartiality.

2. The officials of the Higher Body of Labour and Social Security Inspectors belong to Group A, Subgroup A1 and those of the Body of Labour Subinspectors to Group A, Subgroup A2 of those provided for in Law 7/2007 of 12 April of the Staff Regulations Public Employee Basic. Both have the character of National Bodies, in accordance with the provisions of article twenty-eight of Law 12/1983, of October 14, of the Autonomic Process.

3. The Labor Subinspector Corps will have two specialized Scales:

a) Scale of Employment and Social Security.

b) Work Safety and Health Scale.

Due to the material diversity of the functions entrusted to the members of each Scale in accordance with Article 14.2 and 3, the mobility between them can only occur when the required qualification is available and the specific targeted selective process for entry into each of them is exceeded.

Article 4. Legal regime.

1. The legal status of the officials of the Labour and Social Security Inspectors will be provided for in this law, in Law 7/2007 of 12 April, and other legislation on the public function of the State, as well as in the other state or regional development rules.

2. It will also be applicable to the provisions of Law 47/2003 of 26 November 2003, General Budget and the respective budget laws of each financial year, in particular as regards allocations, remuneration and other expenditure incurred by the Commission. personnel.

3. Officials of the Inspection Corps shall be functionally dependent on the Administration, State or Autonomous Office, which is competent for the subject matter of inspection, in accordance with this law and other applicable regulations, without injury to their organic dependence on one or other Administration.

4. The Autonomous Communities will participate in matters relating to income and selection, training and improvement, planning of personnel and jobs, administrative situations and disciplinary regime of the officials of the Corps. (a) Inspection through the multilateral cooperation mechanisms established in this law, without prejudice to specific bilateral relations.

5. In any event, the holder of the Ministry of Employment and Social Security shall be reserved for the imposition of disciplinary sanctions involving the separation of the service of the personnel with inspection duties, even if the latter is dependent organically of an Autonomous Community, without being able to be adopted without the prior opinion of the Council of State, in accordance with the provisions of Article 25 of Law 12/1983 of 14 October.

Article 5. Entry and provision of posts of the National Corps of personnel with inspection duties.

1. The entry into the Higher Body of Labour and Social Security Inspectors and the Body of Labour Subinspectors shall be carried out in accordance with the rules of entry into the civil service, through the opposition system, which they may access Spanish nationals, of age, who comply with the rest of the requirements laid down in the laws and other rules that apply.

The Public Employment Offer will include the places of the Inspection System, both the General Administration of the State and the Autonomous Communities that have received the organic transfer of inspector personnel and sub-inspector, in accordance with the criteria which, on a basic basis, are included in the General Budget Law of the State.

In this regard and taking into account the unique and national character of the Labour Inspection Corps, which originates the principles of the unit of entry and selective processes, the calls derived from the Employment Offer Public, which shall be carried out by the holder of the Ministry of Employment and Social Security, shall contain the seats which, for each Body or Scale, are authorized by the Council of Ministers in the Royal Decree approving the Offer of Public Employment of the General Administration of the State and those proposing the Autonomous Communities which have received the transfer indicated in the preceding paragraph.

The final distribution of the new staff among these administrations will be done on the basis of the vacancies resulting from the previous processes of the provision of jobs, without, in any case, the number of approved can exceed the total number of places called.

2. The provision of posts reserved for the National Bodies of Labour and Social Security Inspectors and Labour Subinspectors shall be carried out by means of national, competitive or, where appropriate, free designation for the posts of leadership to be determined, convened by the Ministry of Employment and Social Security, without prejudice to the other provision procedures laid down in the rules of public service.

3. However, the Autonomous Communities which are within its structure with places reserved for the National Bodies referred to in the preceding paragraph may call for procedures for the coverage of the relevant posts of work, in accordance with the criteria laid down by applicable public function legislation.

In any case, these processes will be governed by the principles of mobility between administrations, equal opportunities and national advertising of the call. No provision may be made to prevent or prejudice the participation in the same officials of officials on the grounds of their organic membership of origin, and shall not apply to them as provided for in Article 27 (2) of Law 12/1983, 14 October.

4. The provisions of paragraphs 1 and 2 of Article 4 (1) and (2) shall be without prejudice to the powers of the Ministry of Finance and Public Administrations.

Article 6. Integrated registration of the inspector staff.

Without prejudice to the competence and functions of the Central Personnel Registry and, where appropriate, of the records dependent on the Autonomous Communities which have received the transfer of the public inspection function, there shall be a the integrated registration of the inspector staff consisting of all the existing seats for each of the Corps with inspection duties in the respective employment relations of the Administrations to which they belong those. This register shall be drawn up and updated by the State Agency for Labour and Social Security, referred to in Article 27. To this end, the different Public Administrations shall provide the precise information on the coverage of such places in the terms that they regulate.

Section 2. Technical and administrative staff

Article 7. Technical and administrative personnel.

1. The System of Inspection of Work and Social Security shall have the human resources necessary for the correct exercise of its functions, both technical and administrative support, in accordance with the provisions of the corresponding budget laws and in accordance with what is established in the corresponding employment relationships.

2. For the performance of the inspector's work, such staff may be entrusted, in the field of their duties, with the preparation of actions, and other support and collaboration auxiliaries, in the terms that are determined to be determined.

CHAPTER III

Rights and Duties

Article 8. Rights.

The staff of the Labour and Social Security Inspection System correspond to the individual and collective rights established in general for public employees.

In the exercise of their role they will be guaranteed protection against any violence, coercion, threat or undue influence.

Article 9. Duties and code of conduct.

1. System personnel are generally submitted to the set of duties established for public employees.

2. They shall carry out the tasks assigned to them and ensure the general interests, subject to and observance of the Constitution and the rest of the legal system.

3. They shall observe the maximum correction in the performance of their duties and shall endeavour to disturb as little as possible the development of the activities of the inspected, without prejudice to their authority or the performance of their duties. They shall also act with zeal in the custody of the documentation entrusted to them.

Article 10. Duty of stealth and incompatibilities.

1. Officials of the Labour and Social Security Inspection System shall consider the origin of any complaint that they are aware, in the field of the inspector's function, of non-compliance with the legal provisions as confidential.

2. They shall also be obliged to observe secrecy and not to disclose, even after they have left the service, the data, reports or records that they may have been aware in the performance of their duties, except for the investigation or prosecution. of public crimes, in the legally established framework for the collaboration with the Labor Administration, the Social Security, the Tax, the fight against fraud, in its various classes, and with parliamentary committees of inquiry, as appropriate.

3. They shall be subject to incompatibilities and to the reasons for abstaining and recusal of officials at the service of the general government, and shall not be able to act where they have direct or indirect interest in matters relating to them. entrusts.

Article 11. Training, promotion and participation in objectives.

1. Officials of the Labour and Social Security Inspectorate are entitled to continuous training and to the permanent updating of their professional knowledge and skills, and must be involved in training and training activities. specialization to be determined.

2. The posts of management and leadership of the System which carry out the exercise of inspection duties are reserved for officials of the Higher Body of Labour Inspectors and Social Security.

3. The System of Inspection of Labour and Social Security will adopt measures that encourage the participation of the officials of the Body of Labor Subinspectors in the selective processes of internal promotion to the Higher Body of Inspectors Work and Social Security, in the framework of the general rules of public service provided for in Law 7/2007, of 12 April.

4. Officials of the Labour and Social Security Inspection System have the right and duty to contribute to the objectives assigned to the unit where they provide their services and to be informed by their superiors of the means to achieve the compliance with them.

TITLE II

System Operation

CHAPTER I

From the functions of the Labour and Social Security Inspectorate

Article 12. From the inspector function.

The inspector function, to be performed by officials of the Higher Body of Labour and Social Security Inspectors, in their entirety, and by the officials of the Labour Subinspector Corps, in the established in this law, includes the following tasks:

1. Monitoring and requiring compliance with the laws, regulations and the content of collective agreements and agreements in the following areas:

a) Labor Relations System.

1. Standards on individual and collective labour relations.

2. The Standards on Protection, Rights and Guarantees of Workers ' Representatives.

3. Standards on the protection and promotion of equal treatment and opportunities and non-discrimination at work.

4. Standards on the posting of workers in the framework of the provision of transnational services.

b) Prevention of occupational risks.

1. Standards in the prevention of occupational risks, as well as the legal and technical standards that have an impact on working conditions in this field.

2. Exercise of occupational accident and occupational disease research functions.

c) Social Security System.

1. Standards in the field of application, registration, affiliation, high and low workers, listing and collection of Social Security System quotas.

2. Standards on obtaining and enjoying the benefits of the Social Security System, including unemployment benefits and the cessation of activity, as well as the voluntary improvement systems of the action Social Security protection, in addition to any modalities of voluntary supplementary systems established by collective agreement.

3. Standards on Mutual Mutual Societies with Social Security and on other forms of collaboration in the management of Social Security, as well as the inspection of the management and operation of entities and companies that collaborate in the same or in the management of other social protection benefits or aid, without prejudice to the exercise of the functions of management of accounting and control of economic and financial management attributed to the competent control bodies in the material.

4. The exercise of the Social Security inspection by the Ministry of Employment and Social Security, in accordance with the provisions of Article 5.2.d) of the recast text of the General Law on Social Security, adopted by Royal Decree Legislative 1/1994 of 20 June.

5. The performance of other inspection functions in the field of Social Security, in the terms set out in its regulatory regulations.

d) Employment.

1. Standards on placement and employment.

2. Control of the application of grants, support for the promotion of employment or any established in programmes of support for job creation or vocational training for employment, in accordance with the regulations established for this purpose, without prejudice to the exercise of financial control of grants by the competent bodies in the field.

3. Standards in the field of vocational training for employment, other than those mentioned in the previous number, except where the autonomic rules provide for other forms of inspection in the field.

4. Regulations on temporary work enterprises and placement agencies.

e) Migrations.

1. Standards on migratory movements.

2. Standards in the work of foreigners.

(f) Cooperatives and other forms of social economy, as well as the conditions for the formation of working societies, unless the respective regional legislation provides otherwise in its scope.

g) Other areas whose surveillance is legally entrusted to the Labour and Social Security Inspectorate.

2. Technical assistance.

(a) Give information and technical assistance to businesses on the occasion of the exercise of the inspection function, in particular small and medium-sized enterprises, in order to facilitate them better compliance with the provisions of the social order.

b) Provide information and technical assistance to workers and their representatives; communicate the results and consequences of the inspection actions to them when they report on their complaint, in the terms of the Article 20 (4); and indicate administrative or judicial channels for the satisfaction of their rights, where they have been affected by the business failures established in the inspection activities.

(c) Provide technical assistance to social security entities and bodies, and to the competent authorities of the General Administration of the State and the Autonomous Communities, when requested.

(d) To inform, assist and collaborate with other public administrations bodies with regard to the application of social order standards, or to the monitoring and control of aid and public subsidies.

e) To issue the reports that the competent judicial bodies seek, in the field of the inspection functions and powers, when it is established by a legal standard.

3. Conciliation, mediation and arbitration.

a) Reconciliation and mediation in strikes and other conflicts when it is accepted by the parties.

b) Arbitration in strikes and other labor disputes when the parties expressly request it, as well as in the legally established assumptions.

The function of arbitration by the Inspectorate, without prejudice to the technical functions of information and advice, if requested by either party, will be incompatible with the simultaneous exercise of the inspector's function. by the same person who has assigned that function to undertakings subject to their control and supervision.

(c) The Labour and Social Security Inspectors shall retain due reserve on the information obtained in the direct exercise of the arbitration or mediation functions and shall not communicate it to the inspection services for the exercise of the surveillance and control functions referred to in paragraph 1.

The functions of conciliation, mediation and arbitration of the Labour and Social Security Inspectorate shall be carried out without prejudice to the powers conferred on other bodies of the Public Administrations and the organs established by systems for the settlement of labour disputes based on and managed by collective autonomy.

Article 13. Powers of the Labour and Social Security Inspectors for the performance of their competencies.

In the exercise of their duties, the Labour and Social Security inspectors have the status of public authority and are authorized to:

1. Enter freely at any time and without prior notice at any workplace, establishment or place subject to inspection and to remain in the same. If the centre under inspection agrees with the address of a natural person, they shall obtain their express consent or, failing that, the appropriate judicial authorisation.

When carrying out an inspection visit, they must be documented and communicate their presence to the employer or their representative or person inspected, unless they consider such identification and communication to be possible. damage the success of their functions.

2. To be accompanied by the inspection visits by the employer or his representative, the workers, their representatives and by the experts and technicians of the undertaking or its advisory entities which they consider necessary for the best development of the function inspector, as well as by experts or experts from the Administration or other officially qualified persons.

3. Practice any research, examination, reconstruction or test diligence that they consider necessary to perform the function provided for in Article 12.1 and in particular for:

(a) Require information, only or to witnesses, to the employer or to the company's staff on any matter relating to the application of the legal provisions, as well as to require the identification, or reason of their presence, of people who are in the inspected job center.

(b) Require the appearance of the employer or of his representatives and managers, of the workers, of the recipients or applicants for social benefits and of any subjects included in his field of action, in the centre inspected or at the public offices designated by the acting inspector.

c) Examine in the workplace or workplace any type of documentation that is relevant to the verification of compliance with the law of the social order, such as: books, records, including software and files on magnetic support, official statements and accounts; registration, membership, high, low, supporting documents, supporting documents or social security benefits; supporting documents for remuneration; documents required in the rules on the prevention of occupational risks and any other related to the subject matter of inspection. The inspector is empowered to require the submission of such documentation at the relevant public offices.

When the books, records, documents or information that the obligor must keep in relation to the performance of the obligations, own or third parties, established in the rules of the social order, as well as any other data, report, antecedent or supporting evidence for the purpose of the inspection function, are kept in electronic form, must be supplied in such support and in a treatable, readable format and compatible with those of general use at the time when the inspector's performance is carried out, where this is required.

d) Take or take samples of substances and materials used or manipulated in the establishment, make measurements, obtain photographs, videos, recording images, raise sketches and drawings, provided that the the employer or his/her representative and obtain copies and extracts of the documents referred to in paragraph 3.c).

4. Adopt, at any time in the course of the proceedings, the precautionary measures which they deem appropriate and are proportionate to their end, in order to prevent the destruction, disappearance or alteration of the documentation referred to in the previous paragraph, provided that it does not cause injury to the persons responsible for the difficult or impossible repair or the violation of rights.

5. Proceed, where appropriate, in any of the forms referred to in Article 22.

Article 14. Duties of the Labour Subinspectors.

1. The officials of the Labour Subinspector Corps are empowered to carry out the inspection duties and exercise the powers conferred on this article under the direction and technical supervision of the Inspector of Labour and Security. Social responsible for the unit, group or team to which they are attached, without prejudice to their dependence on the management bodies of the Labour and Social Security Inspectorate.

2. The Labour Sub-Inspectors, belonging to the Employment and Social Security Scale, shall be responsible for acting in the following areas, in terms of the following rules:

(a) The verification of compliance with the procurement of the employment rules, access to employment, bonuses, grants, aid and other incentives or measures for the promotion of employment or vocational training employment.

b) The verification of compliance with the rules prohibiting admission to work for children under the age of sixteen.

c) Checking compliance with regulations on contractual modalities, fixed-term and fixed-term contracts.

d) The verification of compliance with the standards in the field of application, registration of companies, affiliation, high and low workers, contribution and collection of the Social Security System, as well as those of compulsory collaboration of undertakings in the management of social security, and those of obtaining, collecting and enjoying social security benefits, including unemployment benefits and those for the cessation of activities.

e) The verification of compliance with the requirements of the regulations on work of foreigners in Spain.

(f) Collaboration in the investigation and identification of goods liable for the effectiveness of the executive route and the identification of the debtor, or of those responsible for solidarity or subsidiary, where appropriate, in all cases that refer to or affect compliance with the rules of the social order.

g) Advice to employers and workers in order to meet their obligations, in the exercise of their inspector's role.

h) How many other functions of a similar nature are entrusted to them by those responsible for the unit, group or team to which they are assigned for the purpose of carrying out the tasks of the Labour and Social Security Inspectorate, the framework of their competences.

3. The Labour Sub-Inspectors, belonging to the Occupational Safety and Health Scale, shall be responsible for acting in the following matters, in terms of the following rules:

(a) The verification of compliance and control of the application of the rules of prevention of occupational risks in the aspects that directly affect the material conditions of work.

(b) Monitoring of compliance with legal and technical regulations with an impact on the prevention of occupational risks.

c) Preventive action programmes of the Labour and Social Security Inspectorate arising from the analysis of occupational accidents.

d) Information and advice to employers and workers, on the occasion of the exercise of their inspector's role, on the most effective way to comply with the rules on the prevention of occupational risks.

(e) How many other functions of a similar nature are entrusted to them by those responsible for the unit, group or team to which they are assigned for the purpose of carrying out the tasks of the Labour and Social Security Inspectorate, the framework of their competences.

4. In the execution of the service orders received for the performance of their duties, the Labour Subinspectors, who shall have the consideration of officials of the authority, are empowered to proceed in the manner set out in paragraphs 1 to 4 of the Article 13.

5. As a result of the inspection duties they perform, the Labour Subinspectors of the Employment and Social Security Scale may proceed in the manner set out in Article 22 (1), (2), (5), (6), (7), (8), (16), (17) and (18). The Labour Subinspectors of the Occupational Safety and Health Scale may proceed in the manner provided for in paragraphs 1, 2, 5, 12 and 18 of that Article 22, as well as to communicate internally the actions referred to in paragraphs 7, 9 and 10. of the same article.

The acts of infringement and, where appropriate, of liquidation by the Labour Subinspectors shall be endorsed by the Inspector of Labour and Social Security under the technical direction of which they act, in the terms and assumptions which are determine, in accordance with the nature or qualification of the offence or the amount of the proposed sanction, the rules.

Article 15. Guarantees in the exercise of the inspection functions.

1. The Labour and Social Security Inspectors are empowered to carry out all the powers that the Labour and Social Security Inspectorate has in accordance with Article 12. In their exercise they shall enjoy full technical and functional autonomy, shall be guaranteed protection against all forms of violence, coercion and threats, and independence from any undue influence under Article 6 of the Convention. 81 and Article 8 of Convention number 129 of the International Labour Organization.

2. The functional specialisation that regulates this law will be compatible with the principles of unit of function and inspector. Under the terms of the Treaty, the Commission will be able to carry out a number of investigations and take all appropriate measures in respect of all the matters covered by the Directive. social order extending their powers, irrespective of the public administration to which they are assigned organically.

In any event, where the inspector acts by virtue of a service entrusted to carry out one or more specific actions, other than those necessary for the achievement of that service shall not be required. However, if there is a direct assessment, in the course of the visit, evidence of a serious and imminent risk to the safety and health of workers, it may, inter alia, adopt the risk referred to in Article 22.12.

3. The Labour Sub-Inspectors are also empowered to perform all the functions conferred upon them by this law, irrespective of the Public Administration to which they are organically attached.

In the performance of their duties, other actions other than those necessary for the achievement of the service entrusted to them in each case shall not be required. However, the Labour Subinspectors belonging to the Occupational Safety and Health Scale who, in the course of the visit, will directly appreciate manifest evidence of a serious and imminent risk to the safety and health of the workers, may adopt, inter alia, the measures referred to in Article 22.12.

In the exercise of their duties they will be guaranteed protection against all types of violence, coercion and threats, and independence from any undue influence.

4. For the purposes set out in Article octavo.one of the Organic Law 1/1982, of 5 May, of civil protection of the right to honor, personal and family intimacy and the image itself, no illegitimate interference cases will be considered the actions carried out by the Labour and Social Security Inspectorate for the fulfilment of its objectives.

Article 16. Assistance and collaboration with the Labour and Social Security Inspectorate.

1. The authorities, whatever their nature, the owners of the organs of the General Administration of the State, the Administrations of the Autonomous Communities and the Local Entities; the autonomous agencies and the public entities business; chambers and corporations, colleges and professional associations; other public entities, and those who, in general, exercise public functions, will be required to supply the Labour and Social Security Inspectorate as many as data, reports and records which are relevant in the field of their competences; to provide you with the collaboration requested for the exercise of the inspector's function.

2. The General Council of the Notary will provide the Labour and Social Security Inspectorate, in a telematic form, with the information contained in the single computerised index regulated in Article 17 of the Notary Law of 28 May 1862. is relevant to the exercise of the inspector function.

3. The Tax Administration will give its information and background to the Labor and Social Security Inspectorate under the terms set out in article 95.1.c) of Law 58/2003, of December 17, General Tax. In addition, the managing and collaborating entities and the common services of social security shall cooperate with the Labour and Social Security Inspectorate, providing, when requested, the information, background and information. with relevance in the exercise of the inspector's function, including those of a personal nature subject to automated processing, without the need for the consent of the affected person. The Tax Administration and the Labour and Social Security Inspectorate shall establish programmes of mutual correspondence and coordination for the fulfilment of their purposes.

4. The organs of the General Administration of the State and those of the Autonomous Communities shall collaborate with the Labour and Social Security Inspectorate and shall provide the necessary technical and technical support and advice.

5. The social security mutual societies shall cooperate and provide the Labour and Social Security Inspectorate with the information and reports which are necessary for the proper conduct of the activity of the Inspectorate, as regards their status as a Alternative entity to the Special Scheme of Social Security of Workers for Own or Self-Employed.

6. The obligations of assistance and collaboration established in the preceding paragraphs shall only have the legally established limitations concerning the privacy of the person, the secrecy of the correspondence, or the information provided to Public administrations for exclusively statistical purposes.

7. The competent Security Forces and Bodies shall be required to provide support, assistance and collaboration to the Labour and Social Security Inspectorate in the performance of their duties, through the controls designated for this purpose by the authority. corresponding.

8. By means of conventions or other instruments, the forms of collaboration with the Labour and Social Security Inspectorate shall be established by other bodies of the General Administration of the State or other Public Administrations for the purposes of in which, as a result of their action, they have knowledge of facts allegedly constituting undeclared work and irregular employment.

The facts directly verified by the officials who have the status of Authority or agents of the Authority, contents in communications which are formulated in accordance with the conventions or instruments indicated in the preceding paragraph, after assessment and qualification by the Labour and Social Security Inspectorate, may be adduced as proof in the proceedings initiated by it and shall be held by certain persons, unless otherwise proved by the interested.

9. The Courts and Tribunals shall provide the Labour and Social Security Inspectorate, on its own initiative or at its request, with the data of importance for the purpose of the action in which they are known and which do not result. affected by the sumarial secret.

10. The cooperation of the Authorities of the Member States of the European Union with powers equivalent to those of the Labour and Social Security Inspectorate shall be governed by the rules of the European Union or by bilateral instruments or agreements. or multilateral of which the Spanish State is a party.

The facts established by those authorities in the field of international administrative cooperation provided to the Spanish authorities may be submitted as evidence by the Labour and Social Security Inspectorate. in the proceedings initiated by it and shall be held by certain persons, unless otherwise proved by the parties concerned.

11. The obtaining of personal data not collected from the person concerned by the officials of the Inspectorate in the exercise of their powers shall not require the express and unequivocal information to the persons concerned provided for in Article 5.4 of the Law. Organic 15/1999, of December 13, Personal Data Protection.

Article 17. Collaboration of the Labour and Social Security Inspectorate.

1. The Labour and Social Security Inspectorate shall provide its collaboration and support to the Public Administrations and, in particular, to the labour authority, management bodies and common services of Social Security and the Tax Administration, to which provide the information that they require as necessary for their function, provided that the duty of confidentiality is ensured, if appropriate.

2. The Inspection of Labour and Social Security, in the exercise of the inspection functions, shall seek the necessary collaboration with the employers 'and trade union organisations and with the workers' representatives.

Periodically, through the bodies established in this law, the Central Authority of the Labour and Social Security Inspectorate will provide the most representative trade union and business organisations with information on (a) the general interest which is to be deducted from the activities inspected, activities and other records, as well as the instructions for the organisation of the services, general operational criteria and binding technical criteria; terms set out in Article 20.2.

3. If you appreciate the possible commission of a crime, the Inspection of Labor and Social Security, by the organic channel that will be determined, it will send to the Ministry Fiscal relationship circumstantial of the facts that you have known and of the subjects which may be affected.

4. The Labour and Social Security Inspectorate shall provide assistance and collaboration to the authorities of other European Union States with equivalent powers, by means of the data and information referred to in the exercise of their duties. Inspectors. It may also cooperate with the authorities of other States, where this is provided for in the conventions and treaties in which Spain is a party.

Article 18. From the collaboration with the officials of the Labour and Social Security Inspectorate.

1. Employers, employees and representatives of both, as well as other subjects responsible for compliance with the social order rules, are required to be required when they are required:

a) To duly attend to the Labour and Social Security Inspectors and the Labour Subinspectors.

b) To credit their identity and those of those in the workplace.

c) To collaborate with them on the occasion of visits or other inspection activities.

d) To declare to the acting official on matters affecting the inspection checks, as well as to provide them with the information and documentation necessary for the development of their functions. Those who represent the inspected subjects shall certify such a condition if the performance is carried out outside the visited home or work centre.

2. Any natural or legal person shall be obliged to provide the Labour and Social Security Inspectorate with any kind of data, background or information which is of relevance to the inspectors, provided that they are deducted from their relations. economic, professional, business or financial with third parties subject to the action inspector, when this is required in form. Such an obligation reaches the collaborating entities of the Social Security collection bodies and the depositors of cash or funds in the identification of payments made from the accounts which it may have in the the person who is indicated in the relevant order, without being able to rely on the banking secrecy. The obligation for professionals to provide information does not reach those confidential data which they would have accessed through their provision of advisory and defence services or on the occasion of health benefits or care, except prior and express agreement of the parties concerned. Failure to comply with these requirements will be considered to be an infringement of obstruction according to the recast of the Law on Infractions and Sanctions in the Social Order, approved by the Royal Legislative Decree 5/2000 of 4 August. Regulations shall determine the manner and requirements applicable to these requirements.

3. The collaboration with the Labour and Social Security Inspectorate will be carried out, preferably by electronic means, in accordance with the provisions of Law 11/2007, of June 22, of electronic access of citizens to Public Services.

4. In accordance with the provisions of Article 6 of the Organic Law 15/1999 of 13 December, the transmission to the Inspectorate of personal data necessary for the exercise of the inspection function, by virtue of its duty of collaboration, shall not be subject to the need for consent of the data subject.

The data that has been transmitted shall be used only for the exercise of the powers conferred by this law on the Labour and Social Security Inspectorate.

CHAPTER II

From the work of the Labour and Social Security Inspectorate

Article 19. Scope of action of the Labour and Social Security Inspectorate.

1. The work of the Labour and Social Security Inspectorate extends to the natural and legal persons, public or private, to the communities of goods or other entities without legal personality, as soon as they are obliged or responsible. compliance with the rules of the social order, and is exercised in:

(a) Companies, job centres and, in general, the places where the provision of work is carried out, even if they are directly governed by or managed by the public authorities or by public law entities with own legal personality linked to or dependent on any of them, subject, in the latter case, to the provisions of the legislation governing such action in public administrations.

(b) vehicles and means of transport in general, where work is provided, including trains, aircraft and civil aircraft, as well as ancillary or complementary facilities and holdings on land for the purpose of the service of those.

The Spanish flag vessels of the merchant navy and the Spanish fishing flag vessels, which are located in ports of the Spanish territory or in waters where Spain exercises sovereignty, sovereign rights or jurisdiction, as well as the facilities and auxiliary or complementary holdings for the service of those which are located on land and on Spanish territory.

(c) Ports, airports, vehicles and exit points, scale and destination, as regards migration and internal immigration travel, without prejudice to the provisions of point (a) as centres of work.

d) The entities and companies that collaborate in the management of Social Security.

e) Public or private entities that collaborate with the various Public Administrations in terms of social protection and promotion.

(f) Cooperative societies in relation to their constitution and functioning and compliance with the rules of the social order in relation to their working partners or work partners, and to their working societies as regards their qualification as such, without prejudice to the provisions of the relevant legislation.

2. Notwithstanding the foregoing, the work centres, establishments, premises and facilities whose surveillance is legally attributed to other bodies of the public authorities shall be governed by their specific rules, without prejudice to competition. of the Inspectorate of Labour and Social Security in matters not affected by it according to what is regulated.

3. The inspection of the Mutual Mutual Societies with Social Security shall be carried out by the Labour and Social Security Inspectorate, in accordance with the provisions of the recast of the Law on Infractions and Sanctions in the Social Order, approved by the Royal Decree-Law 5/2000 of 4 August, which shall inform the management and supervisory body of the outcome of the actions carried out and the reports and proposals resulting therefrom.

Article 20. General rules, origin of the work of the Labour and Social Security Inspectorate and the status of the person concerned.

1. The inspection shall be carried out in order to carry out the tasks referred to in Article 12. These actions will be governed by the provisions of this law, in the recast text of the Law on Infrastructures and Penalties in the Social Order, approved by the Royal Legislative Decree 5/2000 of 4 August, and in the Organic Law 4/2000 of 11 January, of the Rights and Freedoms of foreigners in Spain and their social integration and standards of development.

2. The principles of equal treatment and non-discrimination are guaranteed to be effective in the exercise of the inspectorate of the Labour and Social Security Inspectorate by means of a uniform application of the rules of social order. To this end, the necessary instructions for the organisation of the services, general operational criteria and binding technical criteria, which shall be published, where appropriate, as provided for in Law 19/2013 of 9 May, shall be laid down. December, transparency, access to public information and good governance.

3. The Labour and Social Security Inspectorate shall act on its own initiative, as a result of a higher order, of a service order arising from inspection plans or programmes, at the reasoned request of other bodies, by virtue of a complaint or on its own the initiative of the Inspectors of Labour and Social Security, in accordance with criteria of effectiveness and opportunity, all in the terms that are regulated. In any case, the Labour and Social Security Inspectorate may make use of all available information for the programming of inspection actions.

4. The action to denounce non-compliance with social order legislation is public.

The complainant will not be able to plead the consideration of an interested party to any effect in the investigation phase, although he will have the right to be informed of the state of processing of his complaint, as well as of the facts that have been found and of the measures taken in this respect only where the result of the investigation concerns their individual or collective rights recognised by the legislation corresponding to the scope of the inspector's function.

Workers ' union or unit representatives shall have the right to be informed of the state of processing of the complaints submitted by them in the field of their representation, as well as of the facts which have been and of the measures taken in this respect.

In the event that the complaint results in the initiation of a sanctioning procedure, the complainant may, where appropriate, have the status of the person concerned, in the terms and conditions laid down in Article 31 of the Law. 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure. In the same case, the condition of the representatives of the trade union organisations or representatives of the employees, in their capacity as holders of the legitimate interests which they derive, is expressly recognised in the proceedings. of its representation.

5. Anonymous complaints or those with defects or inadequacies of identification which have not been remedied within the time limit laid down for this purpose shall not be dealt with, without prejudice to paragraph 3.

Nor shall it be given to those whose object is the subject of matters for which a court is aware, the statement of which may make the outcome of the action to be an inspector conditional, or those which are manifestly lacking. basis.

6. By way of derogation from the above paragraph, in the case of cases which coincide with questions which, with a prior or incidental nature, are known to be a court and which could give rise to the requirement for payment of the Social security shall be initiated in respect of all the cases referred to in paragraph 3. The commencement of proceedings, with formal knowledge of the employer, will interrupt the limitation period provided for in Article 21 of the recast text of the General Law on Social Security, approved by the Royal Legislative Decree 1/1994, of 20 June.

Once the judgment is signed and it is communicated to the Labour and Social Security Inspectorate, the processing of the settlement file and, where appropriate, sanctioning, will be initiated, or the actions will be filed.

Article 21. Modalities and documentation of the inspector's performance.

1. The work of the Labour and Social Security Inspectorate shall be carried out by means of a visit to the centres or places of work, without prior notice; by means of a request to appear before the acting official of the person who is obliged, by providing the documentation referred to in each case, in accordance with Article 13 (3) (c), or for the purposes of the relevant clarifications; or by virtue of an administrative file, where the content of his/her action permits the initiation and end that. The inspection activities may be carried out by one or more officials and may be extended for as long as necessary.

2. The Labour Inspectorate and the Social Security Inspectorate may also act by checking the data or background of the General Administration. For this purpose, you may use the data or background provided by other European Union Public Administrations.

3. When the inspection visit is not possible and the completion of the inspection is not possible because the subject has not been inspected for the background or documents requested, the action will continue under the requirement for its contribution in the form of the indicated in paragraph 1.

4. The evidence shall not be extended for more than nine months unless the delay is attributable to the subject to the inspection or to the persons who are dependent on it. However, it may be extended, with the scope and requirements laid down in regulation, for a further period not exceeding nine months, when any of the following conditions are met:

(a) When inspection activities are of particular difficulty and complexity. It is understood that it is produced by taking into account the size of the person's or the entity's operations, by the geographical dispersion of their activities, and in those other assumptions that indicate a regulatory standard.

(b) Where in the course of the same it is discovered that the subject inspected has obstructed or concealed the inspector from any of its activities or from the persons who perform them.

c) When the inspector's performance requires international administrative cooperation.

In addition, they may not be interrupted for more than five months, unless the interruption is caused by the subject inspected or persons of the dependents, or when the failure to continue the inspection is not possible. by the pendency of a judicial pronouncement which may condition the outcome of the judgment.

The checks carried out in an inspector's performance shall be preceded by the preceding character.

Whatever the origin of the action by inspector pursuant to Article 20.3, the calculation of the time limits set out in this paragraph shall be initiated from the date of the first visit effected or, in the event of a request for a the appearance of the subject inspected, from the effective date of the appearance, provided that he has provided all the required documentation with transcendence in the inspector's performance. It shall not be considered included in any case in the calculation of the time limits, the time elapsed during the deferral granted to the subject under the assumptions of the requests for the correction of previous non-compliances by the the inspector.

5. On the occasion of their visits to the workplace, the officials of the Labour and Social Security Inspectorate shall request the presence of the workers ' representatives when legally appropriate, in accordance with the rules of prevention of occupational risks, or where the nature of the action to be taken in accordance with the instructions given in this respect is recommended.

6. The officials acting shall carry out a written procedure of each action which they carry out on the occasion of the visits to the centres of work or of the checks carried out through the appearance of the subject inspected in dependencies. public.

By order of the holder of the Ministry of Employment and Social Security the facts and acts to be incorporated into the proceedings, their format and their remission to the subjects inspected, taking into account that, in the electronic means will be used and no obligations will be imposed on the parties concerned to acquire or enforce any class of books or forms for the conduct of such proceedings.

Article 22. Measures derived from the inspection activity.

The Labour and Social Security inspectors, complete the inspection activity, may take the following measures:

1. Warn and require the responsible person, instead of initiating a sanctioning procedure, when the circumstances of the case so advise, and provided that no direct damages are caused to the workers or their representatives.

2. Require the responsible person to take the measures in order to comply with the social order legislation or to remedy the deficiencies in the prevention of occupational risks, even with his or her own, within the time limit specified. justification to the acting official.

3. To report or propose the replacement of principal or ancillary sanctions, in accordance with the provisions of the recast text of the Law on Infrastructures and Sanctions in the Social Order, approved by the Royal Legislative Decree 5/2000 of 4 August, as well as in Organic Law 4/2000, of January 11.

4. Require Public Administrations for non-compliance with provisions relating to the health or safety of civilian personnel at their service.

5. Start the sanctioning procedure by extending the violation or obstruction violation minutes.

6. To carry out payment requirements for Social Security debts, as well as to initiate liquidatory files for Social Security debts and concepts of joint collection or undue bonuses, through the practice of settlement.

7. To promote procedures for the registration of companies, membership and the high and low level of workers, as well as for the framing of companies and workers in the appropriate social security system, without prejudice to the beginning of the the settlement file referred to in the previous paragraph, if applicable.

8. To urge the relevant body to suspend or cease the perception of social benefits, if it is found to be obtained or to enjoy non-compliance with the regulations governing them.

9. To urge the competent administrative body to declare a surcharge on economic benefits in the event of an accident at work or occupational disease caused by a lack of safety and occupational health measures.

10. To propose surcharges or reductions in insurance premiums for occupational accidents and diseases, in relation to companies for their behavior in the prevention of occupational health and risks, subject to the applicable regulations.

11. Initiate the procedure for the correct application or for the return of amounts unduly applied in cases of collaboration in the management of Social Security.

12. To order immediate cessation of work or tasks due to non-compliance with the regulations on the prevention of occupational risks, to present a serious and imminent risk to the safety or health of workers.

13. To inform the competent body of non-compliance with the application and destination of aid and grants for the promotion of employment, vocational training for employment and social promotion, and to initiate the relevant file of return of aid and grants where appropriate.

14. To propose to its superior the formulation of communications and demands of trade before the Jurisdiction of the Social in the form provided for in Law 36/2011, of October 10, regulator of the Social Jurisdiction.

15. In cases where the inspection is concerned by undertakings established in other Member States of the European Union and the facts established are punishable by the Member State of origin of the undertaking, such acts may be brought to the knowledge of the competent authority of the Member State of origin to initiate the sanctioning procedure, without prejudice to any other measures it considers appropriate.

16. To inform the competent body of the results of the investigation for the identification of the different subjects responsible for the non-compliance with the rules referred to in Article 12.1, including the liability assumptions solidarity or subsidiary, as well as for the signposting of goods for the effectiveness of the executive route.

17. Report to the Public Employment Services for the purpose of recognition of career guidance, training and vocational training for workers in undeclared work, irregular employment or other non-compliances detected by the inspector's activity, in accordance with applicable law.

18. How many other measures are derived from the legislation in force.

Article 23. Presumption of certainty of inspection checks.

The facts established by the officials of the Labour and Social Security Inspectorate that are formalized in the infringement and settlement proceedings, observing the relevant legal requirements, will have a presumption of certainty, without prejudice to the evidence that the parties concerned can provide in defence of their respective rights or interests.

The same evidentiary value is attributed to the facts reviewed in reports issued by the Labour and Social Security Inspectorate as a result of checks carried out by the Inspectorate, without prejudice to their contradiction interested in how they determine the applicable procedural rules.

The presumption of certainty referred to in the preceding paragraphs shall not be affected by the replacement of the official or officials during the period of the inspector's performance, but shall be communicated in time and form to the such substitution before the completion of that substitution, in terms that are established in a regulated manner.

Article 24. Information from the Labour and Social Security Inspection System.

1. In accordance with the principle of the single and integral conception of the System of the Inspection of Labour and Social Security, the unit and integration of information, interoperability, the information system, the information system, and the interconnection and access to the various public administrations in the light of the matters covered by its competence, in the terms laid down in this law and its implementing rules.

Consequently, the staff of the System of Inspection of Labor and Social Security, will be able to access the information necessary for the exercise of the inspection functions, of the records and databases available, according to with the provisions of Article 16 and the terms to be established.

2. The processing of the information of the System must be carried out from a unitary and integrated database, that maintains the homogeneity of the data and consolidates, in the State as a whole, the information provided by the services of the Inspection Social Security and Social Security, as well as the one that derives from their actions.

3. The processing of personal data incorporated in the System database is subject to the provisions of the Organic Law 15/1999, of December 13, and its implementing regulations.

However, the consent of the data subjects shall not be required for the inclusion of their data in the System database or for the access to them or their communication to third parties by the Public Administrations. competent.

4. The high level security measures laid down in the personal data protection regulations shall apply to the information system.

TITLE III

System Organization

CHAPTER I

General provisions

Article 25. Cooperation and participation of public administrations.

1. The General Administration of the State and the Administrations of the Autonomous Communities, within the scope of their respective powers, shall ensure the exercise and effectiveness of the public service of the Labour and Social Security Inspectorate. To this end, they shall organise the conduct of the inspection measures subject to the principles laid down in Article 2 and shall develop the principle of cooperation through the bodies and instruments provided for in this Article. law and in agreements or agreements concluded between the competent authorities.

2. Cooperation between the administrations referred to in the preceding paragraph shall be used by means of collaboration agreements as laid down in Article 6 of Law No 30/1992 of 26 November.

3. The Autonomous Communities shall also participate in the management of the System of Inspection of Labour and Social Security through the Governing Council of the State Agency for Labour Inspection and Social Security.

4. In order to ensure the cohesive functioning of the Labour and Social Security Inspectorate, the General Administration of the State and the Autonomous Communities shall establish the implementation of the plans and programmes of action which are necessary for the achievement of general objectives.

For the same purpose, the competent authorities shall have an information system aimed at ensuring the effectiveness of the inspection function and the consistency and homogeneity of the data and its processing, according to as provided for in Article 24.

Article 26. Definition of services and inspection posts.

The jobs of the Labour and Social Security Inspector and the Labour Sub-Inspector, in their dual Employment and Social Security and Occupational Safety and Health Employment Scale, will be defined according to unique criteria throughout the Spanish territory. The rest of the inspection services and posts will be accommodated in their development to the characteristics of each demarcation, in accordance with the own competences of each Administration, taking into consideration in a preferential way the homogeneous criteria for their establishment.

CHAPTER II

State Agency for Labour Inspection and Social Security

Article 27. Establishment of the State Labour and Social Security Inspectorate.

1. The State Body Inspection of Work and Social Security is created, as an autonomous body endowed with its own legal personality and differentiated from that of the State and ability to act for the fulfillment of its purposes, consisting in the exercise of the functions entrusted to you by this law.

The State Labour and Social Security Agency will be articulated around a central structure and a territorial structure.

2. The legal status of the State Body shall be that laid down in this Law and in Chapter II of Title III of Law 6/1997 of 14 April of the Organization and the Functioning of the General Administration of the State.

The accounting, budgetary and control regime, as well as the accountability of the State Agency, will be provided for in Law 47/2003 of 26 November for entities in the administrative public sector. state.

3. The State Labour and Social Security Agency is attached to the Ministry of Employment and Social Security, which corresponds to its strategic direction, the evaluation and control of the results of its activity.

4. It is for the Government to approve the Statutes of the State Body by means of a royal decree, after consultation with the Autonomous Communities, at the initiative of the holder of the Ministry of Employment and Social Security and at the proposal of the holder of the Ministry of Finance and Public Administrations.

Article 28. Structure of the State Body.

1. The State Agency for Labour Inspection and Social Security will be deployed throughout the Spanish territory. Both its central and territorial structure shall be established in the Statutes referred to in Article 27.4, taking into account the provisions set out in the following paragraphs and in Article 32.

2. The central structure shall have a Governing Board and a Director, as management bodies, and with an Advisory General Council, as an institution for institutional participation in matters relating to the Agency.

This structure shall comprise the organisation concerning the management and management of its responsibilities and the planning and coordination of all the tasks entrusted to the Agency both at the central and the peripheral.

Article 29. The Governing Council.

1. The Governing Council shall have a joint composition and shall be composed of the following members:

(a) The President, who shall be the holder of the Ministry of Employment and Social Security, and the Vice-President, who shall be the holder of the Secretariat of the Ministry of Employment and Social Security.

b) The vowels appointed by the General Administration of the State.

c) The vowels designated by each of the Autonomous Communities.

The number of vowels, their form of designation, and the Governing Board's operating system shall be developed in the Statutes of the State Body.

2. Corresponds to the Rector Board:

(a) Know and approve the general action plans and programmes of the Labour and Social Security Inspectorate and the measures necessary for its implementation.

b) Establish and promote measures of collaboration with other administrations for the best exercise of the functions entrusted to the State Body.

c) Approve the proposal of the revenue and expenditure budget of the State Body and be informed of its implementation, as well as approve the annual accounts.

d) Know and report the regulatory proposals regarding the Inspection System, as well as the technical criteria and common operating procedures for the development of the inspector's function.

(e) Adopt proposals in relation to the State position on Labour Inspection and Social Security at European level, and the implementation of the actions and programmes to be promoted by the European Union and cooperation transnational administrative.

f) Adopt proposals on the issues to be submitted to them in relation to the processes of entry, selection, training and provision of jobs of the officials of the National Inspection Corps, and the planning of human resources and material means of the System.

g) Propose the adoption of agreements concerning the contribution of material, technical or economic resources of the State Agency and the professional improvement of the system's personnel, as well as the adoption of criteria common on the territorial and functional structure of the same, without prejudice to the powers of the Ministry of Finance and Public Administrations and the provisions of the respective budget laws.

h) Approve the criteria for assessing the effectiveness and quality of the services of the State Body.

i) Know the reports, statistics and memories referred to in article 31.3.g.

(j) Approve, on a proposal from the head of the State Agency, the criteria for the distribution of the posts of staff inspector corresponding to the territorial structure of the Agency.

Article 30. The General Council.

1. The General Council is the body of institutional participation in matters relating to the State Body. It will be composed of four representatives of the General Administration of the State, four representatives of the Autonomous Communities, eight representatives of the most representative business organizations and eight representatives of the more representative trade union organisations.

2. The General Council shall have the functions of information, hearing and consultation in matters of which the Governing Council is aware in accordance with Article 29.2.

Article 31. The Director.

1. Without prejudice to the powers of the Governing Council, the head of the Agency's Directorate exercises the functions of representation of the State Body, as well as its management and governance.

2. The Head of the Directorate shall perform the functions of the Central Authority of the Labour and Social Security Inspectorate in accordance with Article 4 of the Convention number 81 of the International Labour Organisation.

3. It is for the head of the Directorate-General to carry out the following tasks:

a) The direction and coordination of the functioning of the State Body.

b) to represent the Spanish System of Labour and Social Security Inspectorate in international institutions and fora, as well as the European Union, without prejudice to the participation of the Autonomous Communities in the form to be determined.

(c) Authorize the membership of the National Fraud Office of the companies to be checked and investigated by the Special Inspection Directorate, in accordance with the general plans and programmes to be established.

d) The direction of the functions of the High Inspection of the State in the social order in accordance with the provisions of the Statutes of Autonomy, in the form established in the additional provision novena.

e) Promote the conclusion of agreements with the Autonomous Communities or other State institutions in matters of the competence of the State Body and sign them when it does not correspond to a higher authority.

(f) To establish the Secretariat of the Governing Council, as well as the institutional relationship with the competent authorities of the Autonomous Communities, in order to ensure the overall coherence of the System and to promote the implementation of the general objectives in his/her performance.

g) Develop and publish reports, statistics and reports on the work of the Labour and Social Security Inspection System, when they relate to the general area of the territory of the State or to the recipient institutions the State or supranational or international bodies, as well as their presentation to the institutions of those areas.

h) To become the head of staff, and to organize and manage the human resources and material resources of the State Agency, especially in the field of selection, training and mobility, communication and information systems, and operation of the administrative services.

i) The definition of the technical and operational criteria for the development of the inspection function, without prejudice to the participation of the Autonomous Communities.

j) The knowledge and resolution of the files and resources indicated by the applicable regulations, as well as those initiated by the Inspectorate and which do not expressly correspond to other authorities of the Administrations Public.

k) The knowledge of the issues raised before the Ministry of Employment and Social Security in relation to the work of the Labour and Social Security Inspectorate, without prejudice to the powers of the authorities autonomic.

(l) The preparation of the proposal for the budget of revenue and expenditure of the body, as well as the monitoring of budgetary implementation, as well as the formulation of the annual accounts and the submission, once approved, to the Court of Accounts.

m) Adopt the instructions on guards and organization of services in the competition matters of the General Administration of the State, in coordination with the Autonomous Communities.

n) Other than any of the body's Statutes or other rules.

Article 32. Territorial structure of the State Labour and Social Security Agency.

1. In accordance with Article 28.1, the State Agency for Labour and Social Security shall be deployed in the whole of the Spanish territory. Its territorial structure shall be developed on a regulatory basis, taking into account the following paragraphs.

2. In each Autonomous Community there shall be a Territorial Directorate, the holder of which shall be appointed with the participation of the Community in the terms laid down in the cooperation agreement, and to whom it shall be responsible, in addition to the functions to be established. (a) the permanent dialogue with the authorities of the same party as established in the convention.

The head of the Territorial Directorate will be functionally dependent on the General Administration of the State or the corresponding Autonomic Administration, in order to give attention to the material competence that is the object of the inspection activities in Those who intervene.

However, in the Autonomous Communities that have received the transfer of the exercise of the inspector's public function and the services of the Labour Inspectorate, it will be to what is agreed in the mechanisms of bilateral cooperation, which should ensure the effective and coordinated delivery of the public service of labour inspection and social security.

3. The territorial structure, in application of the principle of programmed work and equipment, must include the precise specialized units in the functional areas of the inspection.

4. The definition and inspection posts of the territorial structure of the State Body shall address the principles of efficiency, efficiency and programmed work and equipment and the need or desirability of diversifying the tasks inherent in the exercise. of the inspecting functions.

CHAPTER III

autonomic cooperation

Article 33. Autonomous Authority of the Labour and Social Security Inspectorate.

In each Autonomous Community it will have the consideration of the Autonomous Authority of the Labour and Social Security Inspectorate the public office designated by it to specifically carry out such functions in the field of (a) to be of the competence of the Community, in accordance with the provisions of the relevant cooperation agreement. It is for the Autonomous Authority of the Labour and Social Security Inspectorate, in accordance with the terms of the cooperation agreement, to exercise the following functions in matters falling within its competence:

(a) Impulse and monitoring of the activity of the inspector with respect to the competences of the Autonomous Community in the territory of the Autonomous Community.

b) Promote the conclusion of agreements and agreements between the State Agency and the Autonomous Community.

c) The presentation of the reports of work of the Labour and Social Security Inspectorate in its territorial scope, in accordance with its own regulations.

(d) Monitoring of the results of inspection activities affecting centres governed or administered by the Autonomous Community.

e) Proposal for the elaboration of specific plans and programmes for the training of personnel with inspection functions, adapted to the peculiarities of the economic and labor activity of the territory of the Autonomous Community.

(f) Proposals for technical and operational criteria of the Labour and Social Security Inspectorate in the light of the particularities of the work or economic activity of the Autonomous Community, or where there are specific characteristics geographical, in particular, for reasons of insularity.

g) Proposal to the head of the Directorate of the State Body for the instruction of disciplinary measures in respect of the officials of the Inspection of Labour and Social Security attached to the State Agency in the territory of the Autonomous Community.

h) Adopt instructions on guards and organization of services in coordination with the General Administration of the State.

i) How many others are available in the collaboration agreements and in the current regulations.

Article 34. Autonomous Operational Commission of the Labour and Social Security Inspectorate.

1. In each Autonomous Community there will be an Autonomous Operational Commission of the Labour and Social Security Inspectorate, coordinated by the head of the Territorial Directorate of the State Body and which will be chaired by the Autonomous Authority. refers to the previous article, when it comes to meetings. Its composition shall be determined in accordance with the collaboration agreement, as part of it shall be determined by the responsible persons designated in the territorial area of the Autonomous Community by the public institutions and services responsible for the implementation of the legislation whose surveillance is attributed to the Labour and Social Security Inspectorate in accordance with the provisions of Article 12.1.

2. Without prejudice to the relevant collaboration agreement, the Autonomic Operational Commission of the Labour and Social Security Inspectorate shall at least address the following issues:

(a) The analysis of situations of more frequent or widespread non-compliance with social standards in the territory of the Autonomous Community, as well as the activity carried out in this field by the Labour Inspectorate and Social Security.

(b) The establishment of the information and technical support mechanisms necessary for the proper exercise of the inspector's function in the territory of the Autonomous Community.

c) The integration of the plans and programmes of action of each of the administrations, in accordance with the priorities established and the approval of the territorial program of objectives.

(d) The information, monitoring and monitoring of the implementation of the territorial programmes and general programmes of the System, as well as the transfer of appropriate reports to the Governing Council of the State Body.

e) the analysis of the number, distribution, specialisation and other characteristics of the staff of the Labour and Social Security Inspectorate based in the territory of the Autonomous Community and the transfer of the findings or proposals corresponding to the Governing Council of the State Body.

(f) The procedures for the best distribution of performances among the inspection staff with a view to achieving a balance between the principle of functional specialisation and the principle of unit of function and performance referred to in Article 2.

Article 35. Institutional participation.

The participation of the most representative employers ' and trade union organisations in matters relating to the Labour and Social Security Inspectorate, limited to the territorial scope of the Autonomous Communities, is produce in the advisory bodies of an advisory nature, in the manner in which they are provided for.

Additional disposition first. Effective functioning of the State Labour and Social Security Inspectorate.

1. The effective entry into operation of the State Labour and Social Security Agency shall take place on the date set out in its Statutes, once approved and published.

The Government shall proceed to the approval and publication of these Statutes within three months of the date of entry into force of this Law.

From its implementation, it shall be subrogated in all the rights and obligations arising from the powers of the Directorate-General of the Labour and Social Security Inspectorate, and in particular contracts, agreements, completed and completed in the field of competencies assigned to the State Body.

2. The State Agency for Labour Inspection and Social Security will share the organization and management of the common services that will allow a better use of public resources, in accordance with the regulations of the legal system of the sector public and in the form set to it.

Additional provision second. Structure of the State Labour and Social Security Inspectorate.

1. The Statutes of the State Body may establish a National Fraud Prevention Office, integrated within the Agency itself, as a body responsible for the promotion and coordination of the implementation of measures to combat labour. declared, irregular employment and social security fraud and how many others are determined.

These Statutes shall govern the functions and the organisation and operation of the Office, which shall be assisted and assisted in accordance with Article 16 in order to achieve maximum coordination and effectiveness in the The Commission has been responsible for the implementation of the programme for the fight against fraud in the light of the various material areas involved. The office shall also have liaison officers appointed by other departments and administrations for the coordination of the actions carried out in the framework of the cooperation agreements referred to in paragraph 8 of this Article. Article.

Within its functions, it may be entrusted with the processing and, where appropriate, resolution of the sanctioning procedures initiated by the Labour and Social Security Inspectorate in the field of the Administration's powers. General of the State, in accordance with the provisions of the Rules of Procedure.

2. The Statutes of the Agency may also provide for a Special Directorate of Inspectorate with competence to act in the entirety of the Spanish territory in the fields referred to in Article 12.1, which will assume coordination functions in the (a) the inspection measures on undertakings, sectors or situations exceeding the territorial scope of an Autonomous Community, as well as those relating to entities, bodies and entities forming part of the State public sector.

In the field of the powers of the General Administration of the State, the Special Directorate shall carry out the management and development, where appropriate, of those actions and the other actions that are regulated.

Additional provision third. Competitive regime.

The provisions of this law do not constitute an amendment to the jurisdiction of the Autonomous Communities of the different Autonomous Communities, and therefore the provisions of this law must be understood in each case as the provisions in the same.

Additional provision fourth. Integration of services and personnel.

1. The official staff of the General Administration of the State under the System of Inspection of Labour and Social Security shall be integrated into the State Agency for Labour Inspection and Social Security.

2. Likewise, the staff of the General Administration of the State attached to the System of Inspection of Work and Social Security shall be integrated into the State Agency for the Inspection of Work and Social Security, in the same groups or specialties. those who were attached, and with the same rights and obligations as they were recognised at the time of integration.

3. The temporary staff and temporary staff of the Labour and Social Security Inspection System at the service of the General Administration of the State shall be assigned to the State Agency for Labour and Social Security with the same rights and obligations as recognised at the time of the membership and for the duration of their service relationship.

4. The membership referred to in the preceding paragraphs shall not be a change in the legal or administrative situation of the staff or in the nature of its relationship with the Administration, and shall continue to perform the functions established in their regulatory regulations.

Additional provision fifth. Body of Labor Subinspectors.

1. The Body of Subinspectors for Employment and Social Security is renamed the Body of Labour Subinspectors.

2. Officials belonging to the Body of Subinspectors of Employment and Social Security to the entry into force of this law are integrated into the Body of Labour Subinspectors, within the Employment and Social Security Scale, with the tasks and the privileges that this law recognizes and with all the rights acquired in its Body of provenance.

3. For the income on the Employment and Social Security Scale of the Labour Subinspector's Corps, it will be necessary to have an official university degree of graduate assigned to the branch of knowledge of social and legal sciences. Also, the titles of the previous university ordination in the terms provided for in Law 7/2007, of 12 April, of the Basic Staff Regulations, will continue to be valid for access to that Scale, provided that they are titles that correspond to those branches or areas of knowledge.

For the entry into the Safety and Health Scale of the Labor Subinspector Corps, it will be necessary to have an official graduate degree from the graduate of the branch of knowledge of sciences, health sciences, or engineering and architecture. Also, the titles of the previous university ordination in the terms provided for in Law 7/2007, of 12 April, of the Basic Staff Regulations, will continue to be valid for access to that Scale, provided that they are titles that correspond to those branches or areas of knowledge.

4. The allocation and territorial deployment of the Labour Subinspectors of the Occupational Safety and Health Scale shall be carried out on the basis of the criteria approved by the Governing Council of the State Labour and Social Security Agency, an agreement with the powers conferred on it by Article 29.2.g).

5. Without prejudice to the provisions of the preceding paragraph and in accordance with the respective offers of public employment and the provisions of the partnership agreements, the civil servants of the Autonomous Communities shall, at the date of entry into force, of this law they are entitled to be entitled to the exercise of the verification functions referred to in the additional provision of the 15th of the Law 31/1995, of 8 November, of Prevention of Occupational Risks, they may be integrated into the Labour sub-inspectors, on the Occupational Safety and Health Scale, provided they have the (a) an enforceable qualification and exceed the relevant selective evidence, in the terms and conditions which are determined to be determined.

Additional provision sixth. Membership of the National Bodies of the Labour and Social Security Inspection System.

The National Bodies of the System of Inspection of Labor and Social Security will be attached to the Ministry of Employment and Social Security, without prejudice to the state or regional dependence of the officials who integrate them, an agreement with the provisions of Article 4.3.

Additional provision seventh. Regulatory references.

The references made in the legal order to Law 42/1997, of 14 November, Computer of the Inspection of Work and Social Security, will be construed as references to this law. References to the Subinspectors for Employment and Social Security shall also be understood as being made to the Labour Subinspectors.

Additional disposition octave. Autonomous Communities with functions and services carried out in the field of public inspection.

1. The Autonomous Communities with functions and services carried out in the field of public inspection will participate in the State Agency Inspection of Labor and Social Security in the terms established in this law, with respect, in any case, to the full exercise of their powers, and therefore the provisions of Articles 33 and 34 shall not apply to them and shall maintain the organisational and managerial powers in respect of their own staff, in accordance with the rules in force.

2. In the coordination of the actions between the inspection services transferred to those Autonomous Communities and those of the General Administration of the State, the bilateral agreements to be established shall take particular account of the singularity of the of the organic membership of the inspection services to different Public Administrations, on the basis of the unique and integral conception of the System, the principle of unit of function and the inspection of the officials of the System and of the principle of effectiveness in the execution of the inspector function.

Likewise, and for the same purpose, these Autonomous Communities and the General Administration of the State shall constitute, in accordance with Article 5.7 of Law 30/1992, of 26 November, a multilateral cooperation body in the specific material areas which are of interest to them, in particular, the criteria for the coordination of supra-regional actions or which require a uniform response throughout the national territory, including, where appropriate, that referred to in paragraph 2 of the second additional provision; the determination of inspection plans and programmes; common criteria and procedures for action by the Labour and Social Security Inspectorate, as well as the planning of the human resources and material resources of the System in those Autonomous Communities, in particular the aspects relating to the processes for the entry, selection, training, provision of jobs and geographical mobility of the National System Corps.

It shall be made up of the holders of the respective management bodies of the Labour and Social Security Inspectorate and shall have the organisation and functions to be established in the constitution agreement.

3. The Labour and Social Security Inspectors and the Labour Subinspectors, in the field of their respective powers and powers, may carry out investigative measures and take inspection measures in all areas of the social order, even if they fall within the competence of an administration other than that of their organic dependence. In the light of the above, the Commission will take the necessary steps to ensure that the Commission is able to take the necessary steps to ensure that it is able to take the necessary measures. collaboration.

4. The establishment or modification of the inspection plans or programmes shall be carried out with full autonomy for each Public Administration according to their respective material competence.

Once approved by the competent authority, the territorial plans or programmes shall be communicated to each other between the General Administration of the State and that of the corresponding Autonomous Community and shall be integrated into the planning and general programming of the system in the regional territory concerned.

5. Without prejudice to the provisions of the above paragraph, joint arrangements, plans and joint inspection programmes shall be jointly agreed between the two administrations within the framework of the bilateral cooperation mechanisms established, criteria for the inspection, coordination, collaboration, monitoring and evaluation of results, which are deemed necessary for their proper implementation.

In these common plans and programmes of inspection, the agreements to which the Governing Council of the State Agency for Work and Social Security in the field of planning and programming have been able to arrive will be integrated. of general scope.

6. The processing and resolution of the infringement procedures for infringements in the social order or for the settlement of quotas for social security shall be the responsibility of the competent authority for the matter.

Additional provision ninth. High State Inspection in the social order.

The functions of the High Inspection of the State in the social order that are recognized in the respective Statutes of Autonomy, except the one relating to the health care, will be entrusted to the Unit of the High Inspection formed by Labour and Social Security Inspectors to this effect will depend on the holder of the Ministry of Employment and Social Security.

Additional provision 10th. Public expenditure.

The measures included in this rule, in particular the setting up of the Directorate-General of the Labour and Social Security Inspectorate as an Autonomous Body, the subscription of partnership agreements with the Communities Autonomous, the creation and operation of the Operational Commissions of the Labour and Social Security Inspectorate and the establishment and implementation of the integrated register of inspector personnel, will not be able to increase public expenditure and, in as a result of allocations or remuneration or other personnel costs.

First transient disposition. Transitional arrangements for the organisation of the Labour and Social Security Inspectorate.

1. Pending the establishment of the State Labour and Social Security Agency, in accordance with the provisions of the first provision, the common services of the Ministry of Employment and Social Security shall continue to the powers conferred on the Directorate-General of the Labour and Social Security Inspectorate. Likewise, the entire staff, official or labor, of the General Administration of the State assigned to the System of Inspection of Labor and Social Security will maintain the service relationship with the General Administration of the State until it has been produces the integration referred to in paragraph 1 of the fourth additional provision.

2. As long as the relations between the posts and the corresponding appropriations have not been approved, the payment of the staff at the service of the State Agency shall be carried out from the appropriations of provenance.

3. The institutional participation bodies of the Labour and Social Security Inspectorate shall maintain their functioning in accordance with their regulatory regulations, up to the time of the establishment of the State Body.

4. Until such time as the budget of the Autonomous Labour and Social Security Inspectorate, integrated in the general budget of the State, is approved, the budgetary appropriations to finance the actions of the Labour and Safety Inspectorate Social services will continue to be managed by the competent authorities of the Ministry of Employment and Social Security.

Second transient disposition. Transitional arrangements for the allocation of sanctioning powers.

Until the regulatory provisions that are approved under article 48.1 of the recast of the Law on Violations and Sanctions in the Social Order, approved by the Royal Legislative Decree, do not enter into force. 5/2000, of 4 August, in the wording given by the final provision of this law, the regulation on the allocation of existing sanctioning powers will continue to apply before the entry into force of this law. law.

Transitional provision third. Title of Access to the Employment and Social Security Scale of the Labor Subinspector Corps.

1. In order to respect the expectations of applicants for entry into the Employment and Social Security Scale of the Labour Subinspector Body, the first subparagraph of the third subparagraph of the fifth supplementary provision on the Qualifications for access to such Scale shall only be required from 1 January 2019 in the opposing positions for entry into the same.

2. Up to the date referred to in the preceding paragraph, only the university degree of graduate or equivalent shall be required in the corresponding call for entry into the said scale, without the fact that such a degree must correspond to specific branches of knowledge.

3. For the entry into the Safety and Health Scale of the Body of Labour Subinspectors, the provisions of the above paragraphs shall not apply to the extent that a new grouping of officials is created by this Scale.

Single repeal provision. Regulatory repeal.

1. Law No 42/1997 of 14 November 1997, authorising officer of the Labour and Social Security Inspectorate, is hereby repealed, the final provision of Law 43/2006 of 29 December 2006 for the improvement of growth and employment, as well as provisions shall be contrary to the provisions of this law.

2. The regulatory rules currently in force shall continue to apply, as long as they do not contradict or oppose this law, until such time as they are repealed or amended by the rules provided for in the third final provision.

Final disposition first. Amendment of the recast of the Law on Infractions and Penalties in the Social Order, approved by the Royal Decree-Law 5/2000 of 4 August.

Article 48 of the recast of the Law on Infringements and Sanctions in the Social Order, approved by the Royal Legislative Decree 5/2000 of 4 August, is worded as follows:

" Article 48. Attribution of sanctioning powers.

1. The exercise of sanctioning powers in respect of breaches of the social order in the field of the General Administration of the State shall be the responsibility of the competent body, as it is regulated.

2. The exercise of the power of sanction in respect of infringements of the social order, where it corresponds to the Administration of the Autonomous Communities with competence in the field of enforcement of the law of the social order, shall be exercised by the organs and with the distribution limits determined by each Autonomous Community.

3. The power to agree to the ancillary penalties laid down in this law shall be the responsibility of the person to impose those of a principal character from which those penalties derive. "

Final disposition second. Competence title.

The precepts contained in Chapters II and III of Title I, as well as those contained in Title III and the additional provisions of this Law, which affect the Legal Regime of Public Administrations, have the character of basic standards, in accordance with the provisions of Article 149.1.18. of the Spanish Constitution, which attributes to the State the powers to establish the basis of the legal regime and the statutory regime of its officials.

The precepts of Chapter I of Title I and Title II of this law on labour law, prevention of occupational risks, placement and employment, social security and public social protection, as well as its economic regime, Administration of Justice, General Finance and Public Security, have the character set out in the following precepts of the Constitution:

(a) Article 149.1.2., on nationality, immigration, immigration, immigration, and asylum.

(b) Article 149.1.7. on labour law, without prejudice to its execution by the organs of the Autonomous Communities.

(c) Article 149.1.17, on basic legislation and the economic system of social security, without prejudice to the execution of its services by the Autonomous Communities.

(d) The obligations of assistance and collaboration with the Labour and Social Security Inspectorate as referred to in Article 16 in relation to the Courts and Courts and the General Council of the Notary, the Tax Administration and The Security Forces and Corps, respectively, are incardinated in the powers conferred by the Constitution on the State, in Article 149.1.5. on the Administration of Justice, in Article 149.1.14. State and Article 149.1.29. on Public Safety, without prejudice to the possibility of the creation of police by the Autonomous Communities in the form that is established in the respective Statutes in the framework of what is available an organic law.

Final disposition third. Enabling regulatory development.

The Government is authorised to make any provisions necessary for the development of this law, after consultation with the Autonomous Communities.

Final disposition fourth. Entry into force.

This law shall enter into force on the day following that of its publication in the "Official Gazette of the State".

Therefore,

I command all Spaniards, individuals and authorities, to keep and keep this law.

Madrid, 21 July 2015.

FELIPE R.

The President of the Government,

MARIANO RAJOY BREY