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.

Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-8168

FELIPE VI King of Spain to all that the present join together and act.

Know: That the Cortes Generales have approved and I come in to sanction the following law.

PREAMBLE I after a continued presence of more than 100 years in the world of labour relations, the labour and Social Security Inspectorate is an institution firmly settled in our country, which has known how to adapt at all times to the circumstances of the social and economic reality that has deployed his performance of guarantee of the fulfillment of the social norm.

After a long development and successive changes throughout the twentieth century, since its creation by the regulation on March 1, 1906, passing by the law 39/1962, 21 July, management of the Labour Inspectorate, which brings together in a single national labour inspection monitoring and control of the social, so rules competition of several inspection services Law 42/1997, of 14 November, ordering the inspection of labour and Social Security, set for the first time labour inspection and Social security as a system, i.e., as an organized set of legal principles, organs, officials and media materials.

This law combined with correction principles of function and Unit Inspector performance with those of functional specialization and teamwork at the time incorporating useful mechanisms for participation and collaboration of all public administrations, regional, and State inspection system.

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

On the one hand, the provision of the public service of labour inspection and Social Security must adapt to regulatory changes in our social and labour law, which after successive legislative reforms have been introduced important modifications, aiming to combine the necessary flexibility in the management of human resources with a greater protection of the rights of workers which certainly include the law has every worker to have recourse to the labour inspection and Social security when you consider that their rights have been violated.

On the other hand, the evolution in the exercise of autonomous powers for the implementation of labour legislation in the Spanish territory, which has summaries in the transfer of public service inspector to the autonomous communities of the Basque country and Catalonia, highlights the need to adapt the organisational model of the inspection, to make compatible the coexistence of the essential principles of unity of function and unique and integral conception of the system with the development of competencies of the autonomous communities in the matter.

In addition, the Inspectorate of labour and Social Security has experienced in recent years a remarkable process of modernization and modernization in its operation, so that the actions undertaken by the inspection have won in extension and depth. Maintain and consolidate the increase of the effectiveness of labour inspection and Social security requires to strengthen institutionally the same, integrating and commanding best, within this new organizational model, the operation of the inspection services, as well as the articulation of the mechanisms of collaboration, cooperation and coordination between all the public administrations involved.

II the present law is inserted into the package of measures adopted by the Government for the rationalisation, simplification and modernisation of public administrations. The action of the public authorities, in their different areas of performance, has a notorious effect on society, considered as a whole: citizens are the recipients of the actions of the Administration and to the satisfaction of their legitimate rights and expectations should be directed first and foremost such action.

The Inspectorate of labour and Social Security, as responsible for the surveillance and control of the social regulations, public service contributes decisively to the preservation of the rights of workers, that labour legislation establishes, and to the sustainability of the social protection system, which should properly plan its activity of surveillance and control, especially in those areas where there is a high demand of citizens , such as those relating to the hiring regime, the duality of the labour market, access to jobs and the implementation of the provision of employment in conditions of equality and non-discrimination, the right to safety and health at work and to the security and survival of a public Social security scheme. In addition, the Inspectorate of labour and Social Security should enhance its mediating function, aimed at avoidance and integration of labour disputes, and the information and technical assistance to businesses and workers, which will reinforce its configuration as a harmonizing public service labour relations.

To this end, the law establishes an inspection model based on a set of principles common computers, which include the pursuit of quality and efficiency in the provision of the service to the citizens, the unique and comprehensive design of system and the principle of unity of function and action inspector. At the same time, moves decidedly on the participation of all public administrations holders of competencies by reason of the activity Inspector subject matter, thereby respecting the constitutional distribution of powers system. The system integrates not only by public administrations holders of material powers for the implementation of labour law and Social Security, but also for organs and created institutional structures for the coordination of these bodies, which include the consortium of the inspection of labour and Social security of Catalonia and the Basque Council of inspection of labour and Social Security.

In addition, you create the inspection of labour and Social Security, State Agency as an autonomous body under the law 6/1997, of 14 April, of organization and functioning of the General Administration of the State, putting inspection services in the field of institutional administration and allowing the execution contract of functional decentralization, both specific programmes in matters of competence of the General Administration of the State or the autonomous communities , as joint programmes in which merge actions planning in different subjects. The Rector Council of the Agency participate in the General Administration of the State and the autonomous communities, insofar as holders that they are material competences on which the inspection works. The management and representation of the body is entrusted to the proprietor of your address. On the other hand, the principle of institutional participation, which the Act expressly provides, is manifested by the presence of the most representative trade unions and business organizations in the inspection system, in how representatives who are the main beneficiaries of the activity Inspector, workers and enterprises. The law provides for the existence of a General Council, which replaces the current Commission consultative tripartite of the inspection of labour and Social Security, as a body of institutional participation in matters relating to the State Agency and are attributed to the functions of information, hearing and consultation in matters that have knowledge of the governing body.

In addition, in order to consolidate and strengthen the presence of the autonomous communities in the inspection system, establishing the regional authority of the inspection of labour and Social Security, that will be the position designated by each regional government, to whom the law entrusted, among other functions, impulse, proposal and monitoring of Commission actions with respect to regional competencies in its territory.

In the field of relations between the General Administration of the State and the autonomous communities, establish cooperation mechanisms more agile and executives, through the establishment of regional operational committees of the inspection of labour and Social Security, which are based on the permanent dialogue in the territorial area between inspection and regular public administrations of material powers for the implementation of legislation in the social order.

In any case, new formulas for cooperation foreseen by the law respecting territorial collaboration mechanisms, already established in agreements with the autonomous communities on transfer of functions and services in the field of public service Inspector.

This shared organizational model will prevent duplication, inefficiencies and additional costs and will serve as a unified supervisory framework of all regulations of the social order, fully compatible, therefore, with the principle of unity of market that advocate the Constitution and the treaties establishing the European Union and which has been consolidated in the present legislature with the approval by the general courts of law 20/2013 , 9 December, guarantee of the unity of market.
The organisational model of the system provides for regulation in the statutes of a national Office for the fight against fraud, as a specialized body of the Inspectorate of labour and Social Security to combat attitudes related to undeclared work, irregular employment, and fraud to Social Security. After the experience of the plan of fight against irregular employment and the Social security fraud, approved by the Council of Ministers, dated April 27, 2012, and with force until the end of 2013 and considering the positive results derived from its application, needs to be addressed, beyond the current context, the establishment of permanent structures in the fight against fraud. The creation of a national Office for the fight against fraud in the context of a new milking machine law of the inspection system provided for in the national programme of reforms 2014, which is contained, at the same time, intense reform agenda of the Government, as a continuation of the programs of 2012 and 2013.

The Office has the claim to face the phenomenon of fraud, given the cross-cutting dimension representing the same global mode. Fraud not only represents an undue resource retirement of the system of Social Security (generation or enjoy undue benefits) or a lack or deficiency of contribution to their maintenance (total or partial absence of social security contributions). Fraud is linked, most of the times, to situations of labour exploitation that refuse workers basic rights, the most important of them is the recognition of their status as workers, as it happens in a context of undeclared work.

III the law regulates the status of officials of the inspection system as a whole, in a complementary manner to the law 7/2007, of 12 April, content of the Basic Statute of the public employee. Certain peculiarities of the work of the staff with inspection functions require a specific regulation. Within it, is given consideration of national inspection bodies, in order to avoid malfunctions and loss of efficiency that would generate the performance of different inspection bodies in the same companies and workers, with the consequent loss of the overall vision of the company, duplication of visits, confusion regarding the inspector body corresponding to act , possible contradictions in the interpretation of the standard or the existing legal relationship, delays, and other dysfunctions.

Accordingly, establishes the principles of income and call only, reserve Inspector function and mobility between public administrations, all with the participation of the autonomous communities in the regime of personal issues.

On the other hand, law advances in the specialization of officials and in need of work scheduled and teamwork. So are attributed new skills to labour sub-inspectors, new name of body, and expected, moreover, the possibility of having technical staff and administrative preparation of the scheduled performances.

Two scales within the body of labour sub-inspectors are created: A scale of Subinspectors of employment and Social Security, composed of the current body of sub-inspectors and another new, Subinspectors of occupational safety and health, with specific functions in the field of prevention of occupational risks, which will allow expand and reinforce the performance of inspection in this regard. In this way, the functions relating to the verification of the material conditions of work or similar in the preventive field, currently labour and Social Security inspectors developed may be also performed by the sub-inspectors, under the coordination and direction of an Inspector, such as in the field of employment and Social Security.

It's a measure of rationality and improves organizational that it will result in greater efficiency and will give a more prompt response to the requirements of society in matters affecting the life and health of the workers.

Increases efficiency and legal certainty of the procedures initiated by the Inspectorate of labour and Social security through the extension of the collaboration of the different public administrations with the inspection. Thus, it is recognized that the facts allegedly constituting of irregular employment and undeclared work communicated to the Inspectorate of labour and Social security by public officials who have the status of law enforcement can be adduced validly as proof by inspection in the field of its own procedure, without prejudice to the rest of the performances by checking that the staff of the Inspectorate of labour and Social Security must carry out to qualify and properly establish the facts contained in the communications.

On the other hand, the law updated the regulation of the guarantees of the performance of the officials of the system, specifying the protection against any kind of violence, coercion, threat, or undue influence, as guiding principles that ensure the independence in the performance of the Inspectorate of labour and Social Security, as required by the conventions to that effect number 81 and 129 of the International Labour Organization. Also regulated, in a uniform manner for all officials, protection of competent authority for the purposes of the organic law 1/1982, of May 5, of civil protection of the right to honour, personal and family privacy and self-image.

The Act updates the roles, functions and means of action of inspection, assuming an adaptation of the regulation subsequent to the 1997 law, not only with regard to tax matters, but also in terms of general rules in this regard. Given that legislation whose implementation and monitoring is entrusted to inspection is the same throughout, also must be the same technical criteria and instructions given to ensure that regulatory homogeneity, way which are not introduced by this via territorial differences, this without prejudice to the functional dependence of the inspection of the autonomous communities which is not affected by this provision, as it is limited to the identity of the regulations and does not extend to the execution of the same. In this way, is enshrined as a general principle that guides the inspection system of labour and Social Security, unit of interpretive technical criteria.

Finally, they expand and improve cases of mutual collaboration that must be the Inspectorate of labour and Social Security and other public administrations and entities, seeking once again the efficiency and economy of means.

The greatest effectiveness in tax proceedings also implies the use of technological means and communications who has provide inspection, and the consideration of its role as an element of cohesion of the system, not to mention the appropriate guarantees of the rights of citizens and, therefore, its adaptation to the organic law 15/1999, of 13 December , of protection of data of a Personal nature.

Finally, note that the inspection system of labour and Social Security shall exercise its functions throughout the Spanish territory, pursuant to the provisions contained in the conventions number 81, 129 and 187 of the International Labour Organization.

IV in the preparatory work of the present law, the Government has counted with the participation of the autonomous communities, in particular, to questions concerning the definition of the new shared model of inspection presented by the law, that it is, therefore, from its very conception.

The Government has consulted and discussed the content of the law with the most representative trade unions and business organizations, and having the text of the preliminary draft opinion of the economic and Social Council.

Title I system of labour inspection and safety Social Chapter I provisions general article 1. Definition and purpose of inspection system of labour and Social Security.

1 inspection of labour and Social security system consists of the set of legal principles, rules, organs, staff and media materials, including computer scientists, contributing to the proper fulfilment of the mission which is entrusted, pursuant to this law.

2. the Inspectorate of labour and Social Security is a public service which corresponds to exercise monitoring of the compliance of the social order and require the relevant responsibilities, as well as counselling and, in his case, conciliation, mediation and arbitration in such matters, which shall be in accordance with the principles of the social and democratic State of law which enshrined in the Spanish Constitution , and the agreements with number 81 and 129 of the International Labour Organization.

The rules of social order referred to in the preceding paragraph include those relating to labour matters, occupational, social security and social protection, placement, employment, training for employment and protection for unemployment, social economy, emigration, migration and work of foreigners, equality of treatment and opportunities and non-discrimination in employment, as well as a few others attributed to the monitoring of their compliance with labour and Social Security Inspectorate.
Article 2. Early computers of the system of inspection of labour and Social Security.

The system of labour inspection and Social Security is ordered, in its organization and functioning, in accordance with the following principles: to) efficiency and quality in the delivery of service to citizens.

(b) unique and integral conception of the system, ensuring its operation cohesive through coordination, cooperation and participation of the different public administrations.

(c) unit of function and inspector acting in all matters of social order, in the terms established by this law, without prejudice to the criteria of functional specialization and scheduled action.

(d) impartiality, objectivity and equal treatment and non-discrimination in the exercise of the function of the Inspector.

(e) reserve Inspector function in the social order to officials of the higher body of inspectors of labour and Social Security and the body of labour sub-inspectors, in the terms provided for in this law.

(f) Organization and development of the activity in accordance with the principles of scheduled work and teamwork.

(g) income and call unique in the national bodies of inspectors of labour and Social Security and labour sub-inspectors, using unitary State selective processes.

(h) mobility between the public authorities in the process of provision of jobs for officers of the national bodies of the inspection system.

(i) institutional involvement of Trade Union and employers organizations more representative with respect to the set of functions attributed to the system.

Chapter II staff of the system of inspection section 1 staff with inspection functions article 3. Officials that compose it.

1. the Inspectorate of labour and Social Security to which this Act applies shall be exercised entirely by higher technical level and national enabling career officials, belonging to the upper body of inspectors of labour and Social Security, whose status and conditions of service ensure them the technical independence, objectivity and impartiality which conventions prescribe number 81 and 129 of the International Labour Organization.

Corresponds to labour sub-inspectors body race officials the exercise of inspection functions, in the terms and to the extent set out in this law, as well as the functions of support, collaboration, and management that are accurate to the development of the work of the Inspector. Such officials shall have national empowerment and their legal status and conditions of service will ensure them, likewise, objectivity and impartiality.

2. the officials of the upper body of labour and Social Security inspectors belong to group A, A1 subgroup and the body of labour sub-inspectors to group A, subgroup A2 than those provided for in the law 7/2007, of 12 April, the Basic Statute of the public employee. Both have the character of national bodies, in accordance with the provisions of article 28 of law 12/1983, October 14, the autonomy process.

3 the body of labour sub-inspectors will have two specialized scales: to) scale of employment and Social Security.

(b) scale of occupational health and safety.

Due to the material diversity of functions entrusted to the members of each level in accordance with article 14.2 and 3, mobility between them may occur only when available the required qualification and exceeded the specific selection process scheduled for admission to each of them.

Article 4. Legal regime.

1. the legal regime of the bodies of the labour inspection and Social security officials will be provided for in this law, law 7/2007, of 12 April, and other legislation dictated by State Inspector civil service, as well as in other State or regional standards development.

2. Likewise, shall apply the provisions in the Law 47/2003, of 26 November, General budget and in the respective laws of budgets for each year, especially with regard to equipment, fees, and other staff costs.

3. the officials of the inspection bodies will functionally depend on administration, regional, or State which is competent for the matter subject to inspection, in the terms provided for in this law and other applicable regulations, without prejudice to their organic dependence on one or the other administration.

4. the autonomous communities will participate in matters relating to entry and selection, training and development, personnel and planning jobs, administrative situations and disciplinary officials of the inspection bodies through multilateral cooperation mechanisms established by this law, without prejudice to bilateral relations of a specific nature.

5. in any case, it is reserved to the holder of the Ministry of employment and Social Security Authority for the imposition of disciplinary sanctions involving separation from service of staff with inspection functions, even when this depend organically on an autonomous region, unless they can be implemented without the prior opinion of the Council of State, in accordance with the provisions of article 25 of law 12/1983 , October 14.

Article 5. Income and provision of jobs of the national bodies of staff with inspection functions.

1 entry in the upper body of labour and Social Security inspectors and Subinspectors labour body be held according to the rules of income based on the public, through the system of opposition, which will be accessible to the Spanish nationals, of age, complying with the rest of the requirements planning laws and other regulations that may apply to.

Public employment offer will include the capacity of the inspection system, the General Administration of the State and the autonomous communities that have received organic transfer personal inspector and sub-inspector, according to criteria which, as a basic rule, be included in the General State budget Act.

In this regard and taking into account the unique and national character of the labour inspection bodies, which leads to the principles of unity of income and selective processes, requests arising from the offer of public employment, which shall be made by the head of the Ministry of employment and Social Security, will contain the places that, for each body or scale be authorized by the Council of Ministers in the Royal Decree which approved the offer of public employment of the General Administration of the State and which proposed the autonomous communities have received the transfer specified in the preceding paragraph.

The final distribution of new personnel between these administrations will be depending on the vacancies resulting from the previous provision of job processes, without that, in any case, the number of approved does not exceed total of called plazas.

2. the provision of jobs reserved for inspectors of labour and Social Security and labour sub-inspectors national bodies will take place by procedures of national level, competition or, where appropriate, of appointees for the posts of Chief to be determined, convened by the Ministry of employment and Social Security, without prejudice to the rest of provision procedures set out in the civil service regulations.

3. However, the autonomous communities that have within its structure with reserved seats to the national bodies referred to in the preceding paragraph may be called procedures to cover the corresponding jobs, in accordance with the criteria established applicable civil service laws.

In any case, these processes are governed by the principles of mobility between administrations, equality of opportunities and national advertising of the call. No clauses which impede or undermine the participation therein of officials because of their organic allegiance of provenance may be established, and shall not you application as provided for in article veintiseis.2 of law 12/1983, 14 October.

4. the provisions of the preceding paragraphs, in accordance with the provisions of paragraphs 1 and 2 of article 4, shall be without prejudice to the competences of the Ministry of finance and public administration.

Article 6. Registry integrated personal Inspector.

Without prejudice to the competence and functions of the Central Registry of personnel and, where appropriate, the records dependent on the autonomous communities that have received the transfer of public service Inspector, there is a built-in record of inspector staff constituted by the totality of existing vacancies for each of the bodies with inspection functions in the respective relations of jobs of the administrations which belong to those. Registration shall be drawn up and updated by the organism State labour inspection and Social Security referred to in article 27. To this end, the different public administrations shall provide accurate information on the coverage of these squares in the terms established by law.



Section 2 Personal technical and administrative article 7. Technical and administrative personnel.
1. the system of labour inspection and Social Security will have the human resources necessary for the proper exercise of its functions, both technical and administrative support, in accordance with the provisions of the relevant laws of budgets and in accordance with the corresponding relationship of jobs.

2. for the performance of the Inspector work, said personal is may entrust him, in the scope of their functions, the preparation of actions, and other ancillary support and collaboration, on terms to be determined by regulation.

Chapter III rights and duties Article 8. Rights.

Correspond to the staff of the labour and Social security inspection system the individual and collective rights in General for public employees.

In the exercise of its function shall be guaranteed them protection against any violence, coercion, threat, or undue influence.

Article 9. Duties and code of conduct.

1. the staff of the system is subjected to the set of duties established for State employees in General.

2 they must diligently perform the tasks that are assigned and general interests with fastening and observance of the Constitution and the rest of the legal system.

3 they will observe maximum correction in the exercise of its functions and shall endeavor to disturb as less as possible the development of the activities of the inspected, without loss of its authority or in the performance of their duties. They will also act with zeal in the custody of the documentation that will be committed.

Article 10. Duty of secrecy and incompatibilities.

1. officials of the labour and Social security inspection system be considered as confidential the source of any complaint that know, within the scope of the Inspector function on non-observance of the legal provisions.

2. also will be forced to observe secret and not reveal, even after leaving the service, data, reports, or background may have knowledge in the performance of their duties, except for the investigation or prosecution of public crimes, in the legally established framework for collaboration with the labour administration, Social Security , the tax, of the fight against fraud, in their different classes, and with parliamentary committees of inquiry, in the way that appropriate.

3 they will be subject to the incompatibilities and the reasons for abstention and disqualification of officials in the service of the public administrations, and they may not act when they have a direct or indirect interest in relation to the matters entrusted to them.

Article 11. Training, promotion and participation in objectives.

1. officials of the inspection system of labour and Social security are entitled to continuing training and updating of their knowledge and professional skills, and must participate in the actions of training and specialization to be determined.

2. the direction and leadership of the system posts involving the exercise of inspection functions, are reserved by officials of the labour and Social Security inspectors Superior body.

3. the system of inspection of labour and Social Security shall adopt measures that encourage the participation of officials of sub-inspectors labour body in the selective processes of internal promotion to the upper body of inspectors of labour and Social Security, within the framework of the general rules of civil service envisaged in the law 7/2007, of 12 April.

4. the system of inspection of labour and Social security officials have the right and the duty to contribute to the objectives assigned to the unit where to provide their services and be informed by their superiors of the means to achieve compliance with the same.

Title II operation of the functions of the Inspectorate of labour and Social security system chapter I article 12. Inspector function.

The Inspector feature, which will be carried out by officials of the upper body of inspectors of labour and Social Security, in its entirety, and by officials of the body of labour sub-inspectors, in the terms established in this law, includes the following tasks: 1. of surveillance and requirement of compliance with legal, regulatory standards and the content of the agreements and collective agreements (, in the following areas: to) system of labour relations.

1. rules on labour relations individual and collective.

2. rules on the protection, rights and guarantees of workers representatives.

3 standards in the field of protection and promotion of equality of treatment and opportunities and non-discrimination at work.

4th standards in the field of posting of workers in the framework of the transnational provision of services.

(b) prevention of occupational risks.

1. rules on prevention of occupational risks, as well as delivery standards affecting conditions of work in this area.

2. exercise of the functions of investigation of accidents at work and occupational diseases.

(c) the Social security system.

1 field of application, registration, membership, standards high and lows of workers, contributions and collection of dues from the Social security system.

2. rules on collection and enjoy the benefits of the Social security system, including unemployment benefits and provision for cessation of activity, as well as systems of voluntary improvements of the protective action of Social Security, as well as any forms of voluntary complementary schemes established by collective agreement.

3rd rules on mutual partners with Social Security and other forms of collaboration in the management of Social Security, as well as inspection of the management and operation of institutions and companies that collaborate in the same or in the management of other benefits or aid for social protection, without prejudice to the exercise of the functions of management accounting and control of the financial management attributed to the competent supervisory bodies in the matter.

(4th exercise of the inspection of Social security by the Ministry of employment and Social Security, in accordance with the provisions of article 5.2. d) of the consolidated text of the General Law on Social Security, approved by Royal Legislative Decree 1/1994 of 20 June.

5 carrying out other functions of inspection in the field of Social Security, in the terms established in its regulatory.

(d) employment.

1. rules regarding placement and employment.

2. monitoring of the application of subsidies, aid for promotion of employment or any established programmes of support to the creation of employment or vocational training for employment, in accordance with the regulations established thereto, without prejudice to the exercise of financial control of subsidies by the competent bodies in the field.

3rd standards in vocational training for employment, other than those identified in the previous number, except when the autonomic regulation available other forms of inspection in the matter.

4th standards in terms of temporary employment and employment agencies.

(e) migration.

1. rules relating to migratory movements.

2. rules on foreign labour.

(f) cooperatives and other forms of social economy, as well as to the conditions of incorporation of companies work, unless otherwise provided for the respective autonomous legislation in its scope.

(g) any other areas whose monitoring is legally entrusted to the Inspectorate of labour and Social Security.

2. for technical assistance.

(a) providing information and technical assistance to enterprises on the occasion of the exercise of the function of Inspector, especially to small and medium-sized enterprises, in order to facilitate a better enforcement of the provisions of the social order.

b) provide information and technical assistance to workers and their representatives; communicate the results and consequences of the tax proceedings when mediate complaints by themselves, in terms of article 20.4; and tell them the way administrative or judicial for the satisfaction of their rights, when these have been affected by corporate defaults checked in Commission proceedings.

(c) provide technical assistance to entities and the Social security agencies, and to the competent authorities of the General Administration of the State and the autonomous communities, when prompted them.

(d) inform, assist and collaborate with other bodies of public administrations with respect to the application of rules of social order, or to the monitoring and control of grants and public subsidies.

(e) issue the reports that collected you the competent judicial bodies, in the field of tax powers and functions, when a legal rule thus establishes it.

3. for conciliation, mediation and arbitration.

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

(b) arbitration in strikes and other industrial disputes when the parties expressly request it, as well as in the cases established by law.
The function of arbitration by inspection, without prejudice to the technical functions of information and advice, if requested by either party, will be incompatible with the simultaneous exercise of Inspector function by the same person who have attributed such a function on companies subject to their control and surveillance.

(c) labour and Social Security inspectors be kept due reserve the information obtained in the direct exercise of the functions of mediation or arbitration and shall not forward it to inspection services for the exercise of the functions of monitoring and control referred to in paragraph 1.

The functions of conciliation, mediation and arbitration of the Inspectorate of labour and Social Security will take place without prejudice to the powers attributed to other bodies of public administrations and bodies established by systems of settlement of labour disputes based and managed by the collective autonomy.

Article 13. Powers of labour and Social Security inspectors for the performance of their powers.

In the exercise of its functions, the labour and Social Security inspectors have the character of public authority and are authorized to: 1. enter freely at any time and without prior notice all work, establishment or place subject to inspection and to remain in the same Center. If subjected to inspection centre coincided with the domicile of a natural person, must obtain your express consent or, in their absence, the timely judicial authorization.

Carried out an inspection visit, must identify documents and communicate its presence to businessman or his representative or person inspected, unless they consider that such identification and communication could jeopardize the success of its functions.

2 be accompanied in visits of inspection by the employer or his representative, the workers and their representatives and experts and technicians of the company or its advisory bodies that consider necessary for the better development of the Inspector function, as well as by experts belonging to the administration or other officially-enabled.

3 practice of any diligence research, examination, reconstruction or test deemed necessary to perform the function provided for in article 12(1) and, in particular, to: to) require information, alone or before witnesses, the entrepreneur or the staff of the company on any matter relating to the application of the legal provisions, as well as to demand identification or reason for their presence persons who are in the workplace inspected.

(b) require the attendance of the entrepreneur or their representatives and managers, workers, holders or applicants social security benefits and any subject included in its scope, the inspection centre or public offices designated by the inspector acting.

(c) consider in the Centre or place of work any type of documentation with significance in the verification of compliance with the legislation of social order, such as: books, records, including computer programs and files on magnetic media, official statements and accounting; documents for registration, membership, high, low, proof of payment of fees or Social Security benefits; supporting documents of remuneration; documents required by the rules of prevention of occupational hazards and any others related to matters subject to inspection. The inspector is empowered to require the submission of such documentation in relevant public offices.

When the books, records, documents or information that the obligor must keep in relation to the fulfilment of obligations, own or third-parties and laid down in the rules of social order, as well as any other data, report, history or receipt with significance for the Inspector function, are retained in electronic form, be prepared to provide such support and treatable, readable and format compatible with the of widespread use in the moment in which Inspector performance is carried out When it was required.

((d) take or remove samples of substances and materials used or handled in the establishment, measurements, get pictures, videos and image recording, lift sketches and drawings, provided that they notify the employer or his representative and obtain copies and extracts from documents referred to in paragraph 3.c).

4. to adopt, at any time during the development of the actions, measures precautionary that they deem appropriate and they are provided to an end, to prevent the destruction, disappearance or alteration of the documentation referred to in the preceding paragraph, provided that it does not cause prejudice to difficult or impossible to repair the subjects responsible for or involves violation of rights.

5. proceed, in your case, in any of the forms referred to in article 22.

Article 14. Functions of the labour Subinspectors.

1. officials of the body of labour sub-inspectors are empowered to develop the inspection functions and exercise the powers conferred in this article, under the technical supervision of the Inspector of labour and Social Security responsible for the unit, group, or computer to which they are assigned, without prejudice to their dependence on the governing bodies of the Inspectorate of labour and Social Security.

2 a labour sub-inspectors, belonging to the scale of employment and Social Security, you shall act in the following matters, in the terms established by law: to) the checking of compliance with contracting rules in the field of employment, access to employment, bonuses, grants, aid and other incentives or measures for the promotion of employment or vocational training for employment.

(b) the checking of compliance with rules prohibiting children under sixteen years of admission to the work.

(c) the verification of compliance with the rules on contractual arrangements, fixed-term and temporary contracts.

(d) verification of compliance with the standards in the field of field of application, registration of companies, affiliation, highs and lows of workers, quote and collection of the Social security system, as well as the cooperation required of companies in the management of Social Security, and obtaining, perception and enjoyment of Social Security benefits including the unemployment and the cessation of activity.

(e) the checking of compliance with the requirements of the regulations on work by foreigners in Spain.

(f) the collaboration in research and marking of goods liable to seizure for the effectiveness of the Executive route and the identification of the debtor subject, or those responsible for solidarity or subsidiaries as appropriate, in all those cases that refer or affect the compliance of the social order.

(g) advice to employers and employees in order to comply with its obligations, on the occasion of the exercise of its function of Inspector.

(h) many other functions of a similar nature may be entrusted them by those in charge of the unit, group, or computer to which are attached to the development of the tasks of the Inspectorate of labour and Social Security, within the framework of its competences.

3 a the labour sub-inspectors, belonging to the scale of occupational safety and health, them shall act in the following matters, in the terms established by law: to) the checking of compliance with and enforcement of the rules of prevention of occupational risks in the aspects that directly affect the material conditions of work.

(b) the monitoring of the compliance with emphasis on prevention of labour risks sounding.

(c) preventive action by the Inspectorate of labour and Social security programs derived from the analysis of work accidents.

(d) information and advice to employers and workers, on the occasion of the exercise of its role as Inspector, about the most effective way of compliance with the occupational health.

(e) how many other functions of a similar nature were assigned them by those in charge of the unit, group, or computer to which are attached to the development of the tasks of the Inspectorate of labour and Social Security, within the framework of its competences.

4. in implementation of the service orders received for the performance of its functions, the labour sub-inspectors, which shall be regarded as agents of the authority, are entitled to proceed in the way established in paragraphs 1 to 4 of article 13.

5. as a consequence of the inspection functions that perform, the occupational scale Subinspectors of employment and Social Security may proceed as provided for in paragraphs 1, 2, 5, 6, 7, 8, 16, 17 and 18 of article 22. The labour sub-inspectors of the scale of occupational safety and health may proceed as provided in paragraphs 1, 2, 5, 12 and 18 of this article 22, as well as internally communicate the actions referred to in paragraphs 7, 9 and 10 of the same article.
The proceedings of infringement and, where appropriate, liquidation practiced by the labour sub-inspectors, will be endorsed by the Inspector of labour and Social Security under the technical direction Act, under the terms and assumptions to be determined according to the rules, depending on the nature or qualification of the offence or the amount of the proposed penalty.

Article 15. Guarantees in the exercise of inspection functions.

1. the labour and Social Security inspectors are empowered to perform all the skills that the labour and Social Security Inspectorate has attributed in accordance with article 12. They will enjoy full autonomy technical and functional exercise, be guaranteed them protection against all types of violence, coercion and threat, and independence from any undue influence under the terms of article 6 of the Convention number 81 and the eighth article of the number 129 of the International Labour Organization Convention.

2 functional specialization that regulates this law will be compatible with the principles of unity of function and action inspector. By virtue of, either that is the origin of his performance, labour and Social Security inspectors can deploy actions of research and adopt measures considered appropriate, in respect of all matters of the social order to extend its powers, with independence of the public service to which they are attached organically.

In any case, when the inspector acts under a service entrusted to carry out one or more specific actions, shall not be enforceable other other than those necessary to achieve that. However, if you appreciate in a direct way, in the course of the visit, manifest evidence of a serious and imminent risk to the safety and health of workers, may adopt, among other measures, as listed in the article 22.12.

3. the labour sub-inspectors are also empowered to carry out all the functions which attributed them this law, regardless of the public administration which are organically attached.

In the exercise of their functions shall not be them enforceable actions other than those necessary for the achievement of the service that has been entrusted to them in each case. However, the labour sub-inspectors belonging to the scale of safety and occupational health that, in the course of the visit, appreciate directly manifest evidence of a serious and imminent risk to the safety and health of workers, they may be adopted, inter alia, as listed in the article 22.12.

In the exercise of their functions shall be guaranteed them protection against all types of violence, coercion and threat, and independence from any improper influence.

4. for the purposes referred to in article octavo.uno of the Organic Act 1/1982, of May 5, civil protection of the right to honour, to personal and family privacy and self-image, will not be considered in any case illegitimate intromissions the actions carried out by the Inspectorate of labour and Social Security for the fulfilment of its purposes.

Article 16. Support and collaboration with the Inspectorate of labour and Social Security.

1. the authorities, any that is their nature, holders of the organs of the General Administration of the State, the administrations of the autonomous communities and local authorities; autonomous bodies and public business entities; cameras and corporations, colleges and professional associations; other public entities, and who, in general, exercise public functions, shall be obliged to supply to the Inspectorate of labour and Social Security how much data, reports and background that are of significance in the field of its competences, as well as to provide the collaboration that is requested him for the exercise of the function of the Inspector.

2. the General Council of Notaries will supply to the Inspectorate of labour and Social Security, in a manner telematics, the information contained in the computerised unique index regulated in article 17 of the law of notaries of 28 May 1862, having transcendence in the exercise of the function of the Inspector.

(3. the tax administration will yield their data and history to the Inspectorate of labour and Social Security in the terms established in article 95.1. c) of law 58/2003, of December 17, General tax. Also, the managing and collaborating entities and common services of the Social Security will lend its collaboration to the Inspectorate of labour and Social Security, providing, when they requested it, information, records and data with relevancy in the office of the Inspector feature, even the personal object of automated treatment, without consent of the affected. The tax administration and inspection of labour and Social Security shall establish programs of mutual correspondence and coordination for the fulfilment of its purposes.

4. the organs of the General Administration of the State and the autonomous communities will collaborate with the labour and Social Security Inspectorate and shall give it the support and the necessary expert and technical advice.

5 mutual social welfare organizations should collaborate and supply to the Inspectorate of labour and Social security data and reports which are necessary for the proper development of inspection activity, as regards its status as entity alternative to the special regime of the Social security of employees by self-employed.

6. the obligations of support and collaboration set forth in the preceding paragraphs only will be legally established limitations relating to the privacy of the person, the secrecy of correspondence, or the information provided to the public administrations for exclusively statistical purposes.

7. the forces and competent security bodies will be obliged to provide support, assistance and cooperation to the Inspectorate of labour and Social Security in the performance of their duties, through commanders appointed for this purpose by the competent authority.

8. by agreements or other instruments shall be established forms of collaboration with the Inspectorate of labour and Social security by other bodies of the General Administration of the State or of other public authorities for the alleged that, as a result of his performance, are aware of acts allegedly constituting of irregular employment and undeclared work.

The facts checked directly by the officials who have the status of authority or agents thereof, contained in communications formulated on implementation of provisions of the conventions or instruments indicated in the previous paragraph, after its assessment and qualification by the Inspectorate of labour and Social Security, may be adduced as evidence in the proceedings initiated by it and will be taken by certain , unless proven otherwise from interested parties.

9. the courts and tribunals shall provide to the Inspectorate of labour and Social Security, of trade or at the request of the same, the data of importance for the function of the Inspector that they fall off the actions they know and that they are not affected by the proceedings secret.

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

Facts verified by authorities in the field of international administrative cooperation that are provided to the Spanish authorities may be adduced as evidence by the Inspectorate of labour and Social Security in proceedings initiated by this and will be taken by certain, unless proof otherwise from interested parties.

11 obtaining not collected personal data of the interested party by the officials of the inspection in the exercise of its powers, will not require the information expressly and unequivocally intended stakeholders in article 5.4 of the organic law 15/1999, of 13 December, of protection of data of a Personal nature.

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

1. the Inspectorate of labour and Social Security will your collaboration and support to public administrations and, in particular, the labour authority, managing bodies and common Social security services and the tax administration, which will provide the information required as necessary for its functioning, always ensure the duty of confidentiality, as appropriate.

2. the Inspectorate of labour and Social Security, in the exercise of inspection functions, will seek the necessary collaboration with business and trade union organizations and the representatives of the workers.

Periodically, through the organs established by this law, the Central Authority of the inspection of labour and Social Security will facilitate business and trade union organizations most representative information on ends of general interest which are deducted tax proceedings, reports of activities and other background, as well as the instructions of organizing services, general operational criteria and binding technical criteria in the terms laid down in article 20(2).
3 If you appreciated the possible Commission of a crime, the Inspectorate of labour and Social Security, the organic course to be determined according to the rules, be forwarded to the Ministry tax official relationship of facts has ever known and subjects who may be affected.

4. the Inspectorate of labour and Social Security will provide support and cooperation to the authorities of other States of the European Union with equivalent skills, transferring data and information relating to the exercise of their functions inspectors. You can also cooperate with the authorities of other States, when so provided in the conventions and treaties to which Spain is a party.

Article 18. The collaboration with the officials of the Inspectorate of labour and Social Security.

1 employers, workers and representatives of both, as well as the other subjects responsible for the compliance of the social order, are required when required: to) to properly attend to labour and Social Security inspectors and labor Subinspectors.

(b) to prove their identity and that of those who are in the workplace.

(c) to collaborate with them on the occasion of visits and other Commission proceedings).

d) to testify in the acting official on issues that affect the inspection checks, as well as to provide the information and documentation necessary for the performance of its functions. Who represent the surveyed subjects must prove documents such a condition if the action outside the home or workplace visited.

2. any natural or legal person shall be obliged to provide all sorts of data, background to the Inspectorate of labour and Social security or information with significance in the roles of inspectors, provided that they deducted from economic, professional, business or financial relationships with third parties subject to the action inspector, when to do so required in form. Such obligation reaches to the collaborators of the organs of Social Security levy and the depository of money in cash or funds in terms of the identification of payments charged to accounts you may have in that entity the person indicated on the corresponding requirement, unless they can avail themselves of bank secrecy. The obligation of information professionals does not reach to those confidential data that had been accessed by its provision of advice and defence or during performance or health care, except for prior compliance of stakeholders. Failure to comply with these requirements shall be regarded as infringement by blockage in accordance with the revised text of the law on offences and sanctions in the Social order, approved by Royal Legislative Decree 5/2000 of 4 August. Regulations will be determined form and requirements applicable to the concerned requirements.

3. the collaboration with the Inspectorate of labour and Social Security will take effect, preferably by electronic means, in accordance with law 11/2007, of 22 June, 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 inspection of the personal data which are necessary for the exercise of Inspector function, under its duty of cooperation, is not subject to the need for consent of the person concerned.

The data that had been transmitted only will be used for exercise of the powers conferred by this law to the Inspectorate of labour and Social Security.

Chapter II of the performances of the labour inspection and Social Security article 19. Scope of the Inspectorate of labour and Social Security.

1 the performance of the labour inspection and Social Security extends to the physical and legal, public or private, to the communities of goods or other entities without legal personality, on the subject forced or persons responsible for that are in compliance with the standards of the social order, and is exercised in: to) businesses, workplaces and in general, places in which to run the labor provision, even though they are directly governed or managed by public administrations or entities of public law with its own legal personality linked or dependent on any of them, subject in the latter case, as provided in the rules and regulations governing such action in public administrations.

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

The Spanish Pavilion of the Merchant Navy ships and vessels of the Spanish Pavilion of fisheries, which are situated in ports of the Spanish territory or in waters where Spain exercised sovereignty, sovereign rights or jurisdiction, as well as facilities and ancillary or complementary holdings for the service of these located ashore and in Spanish territory.

((c) ports, airports, vehicles and points of departure, scale and destination with regard to the travel of emigration and internal immigration, without prejudice to the provisions in the previous letter to) such as work centers.

(d) entities and business partners in the management of Social Security.

(e) the public or private entities that collaborate with the different public administrations in the field of social promotion and protection.

(f) the cooperative societies in relation to its establishment and functioning and the compliance of the social order in relation to its partners employees or partners work, and labor societies in terms of its qualification as such, without prejudice to that set the law applicable to the matter.

2. Notwithstanding the foregoing, centres of work, facilities, premises and whose monitoring is legally assigned to other bodies of public administrations shall be governed by the specific regulations, without prejudice to the competence of the Inspectorate of labour and Social Security in the areas not affected by the same according to what is established by law.

3. the inspection of the mutual partners with Social Security will be exercised by the Inspectorate of labour and Social Security, pursuant to the provisions of the consolidated text of the law on offences and sanctions in the Social order, approved by Royal Legislative Decree 5/2000 of 4 August, which shall inform the steering mechanism and supervision the result of actions carried out and reports and proposals resulting from the same.

Article 20. General standards, origin of the performances of the Inspectorate of labour and Social Security and condition of the person concerned.

1. inspection actions will aim at the development of the functions provided for in article 12. Such proceedings will be governed by the provisions of this law, in the revised text of the law on offences and sanctions in the Social order, approved by Royal Legislative Decree 5/2000 of 4 August, and the organic law 4/2000, of 11 January, on rights and freedoms of foreigners in Spain and their integration social and in its implementing rules.

2. ensures the effectiveness of the principles of equal treatment and non-discrimination in the exercise of the Inspectorate of labour and Social Security Inspector activity through a homogeneous application of the rules of social order. Appropriate instructions of organizing services, general operational criteria and binding technical criteria, which will be published, if necessary, in accordance with provisions in the Act 19/2013, December 9, transparency, access to public information and good governance will be established for this purpose.

3. the Inspectorate of labour and Social Security shall act ex officio always, as a result of high-order, order of service derived from plans or inspection programs, at the reasoned request of other bodies, under complaint or on its own initiative of the labour and Social Security inspectors, in accordance with criteria of efficiency and opportunity, in the terms to be determined by regulation. In any case, the labour and Social Security Inspectorate may make use of the information available for programming activities of inspection.

4. the complaint of non-compliance with social legislation is public.

The complainant may not plead consideration of interested to no effect on the investigation phase, while you have the right to be informed of the status of processing of his complaint, as well as the facts that have been found and the measures taken in this regard only when the result of the investigation affects their individual or collective rights recognized by the corresponding legislation within the scope of the Inspector function.

The unit or trade union representatives of workers shall have the right to be informed of the status of processing of complaints made by them at the level of its representation, as well as the facts that have been found and the measures taken in this regard.
In the event that the complaint would result in the initiation of a disciplinary procedure, the complainant may have, where applicable, the condition of the person concerned, on the terms and with the requirements laid down in article 31 of the law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure. The same course, expressly recognizes the status of interested in the procedure to the representatives of the trade unions or employee representatives, in their status as holders of legitimate interests that derive from its representation.

5. do not be processed anonymous complaints or those that have defects or shortcomings which have not been remedied within the period fixed for this purpose, without prejudice as provided in paragraph 3.

Neither will be course to those whose subject matches Affairs who is dating a court whose ruling may condition the result of acting Inspector, nor which are manifestly devoid of Foundation.

6. However the provisions of the preceding paragraph, in the case of issues with issues that with prior or incidental character is dating a court and that they could lead to the demand for payment of Social insurance contributions, will start Inspector performance, in all the cases referred to in paragraph 3. The beginning of performances, with formal knowledge of the employer, will interrupt the period of limitation provided for in article 21 of the text revised from the General Social Security Act, approved by Royal Legislative Decree 1/1994, of 20 June.

Once the decision is firm and is this communicated to the Inspectorate of labour and Social Security, will begin processing record liquidatorio and, where appropriate, sanctioning, either be archived performances.

Article 21. Methods and documentation of the activity Inspector.

1. the performance of the Inspectorate of labour and Social Security will take place by visiting centers or places of work, without prior notice; (by request of appearance before the acting official who is obliged, providing the documentation indicated in each case, in accordance with article 13.3. c), or to carry out the relevant clarifications; or under administrative proceedings, when the contents of his performance lets start and end that. Inspection activities may be carried out by one or several officials and can extend for long enough.

2. also the labour inspection and Social Security may act through verification of data or records that in public administrations. For this purpose, you can use the data or records that would provide other public administrations of the European Union.

3. when initiated inspection visit is not possible its continuation and termination for not providing the inspected subject background or requested documents, performance will continue under requirement for his contribution in the manner provided in paragraph 1.

4. other actions not dilate for more than nine months unless the delay is attributable to the subject to inspection or dependents of the same. Still, may be extended, with the scope and requirements established by law, for a further period which shall not exceed nine months, when any of the following circumstances concur: to) when inspection activities are of particular difficulty and complexity. It is understood that it occurs according to the turnover of the person or the entity, by the geographic dispersion of its activities, and in other cases to indicate a regulatory standard.

(b) when, in the course of them will discover that the inspected subject has obstructed or hidden to the inspector authority in any of its activities or the people who play them.

(c) when the Inspector performance required of international administrative cooperation.

Also not be may interrupted for more than five months, unless the interruption is caused by the inspected subject or dependents of the, or when the impossibility to continue the Inspector performance by the pendency of a court ruling that may influence the result of the same.

The checks carried out in an inspector acting will have precedent for the subsequent character.

Anyone who is the origin of the inspector acting in accordance with article 20.3, the computation of time limits set out in this section will begin from the date of the first visit or, in case of request of appearance of the subject inspection, from the effective date of the hearing, provided that it has provided all of the documentation required with significance in the action inspector. Not be included in any case in the computation of time limits, the time elapsed during the delay granted to the subject liable in cases of formulating requirements of correction of previous breaches by the inspector authority.

5. on the occasion of his visits to workplaces, officials of the Inspectorate of labour and Social Security requested the presence of the representatives of the employees when legally necessary, according to the regulations of prevention of labour risks, or so the nature of the performance advise it according to instructions handed down in this regard.

6. acting officials extend diligence in writing of each action performed on the occasion of visits to centres of work or of the checks carried out by the appearance of the subject inspected in public offices.

By order of the Ministry of employment and Social security holder shall be determined the facts and acts that must be incorporated in the proceedings, its format and its referral to the subjects inspected, taking into account that, as far as possible, electronic means will be used and that not imposed obligations to stakeholders to acquire or fill out any kind of books or forms for the realization of such proceedings.

Article 22. Measures derived from the activity Inspector.

Labour and Social Security, after supporting activity Inspector, inspectors may take the following measures: 1. warn and require the subject responsible for, rather than initiate a sanctions procedure, when the circumstances of the case so warrant, and provided that no derived direct damages to the workers or their representatives.

2 require the responsible subject so that, in the term indicated is, adopt measures in order to comply with the rules of social order or remedy the deficiencies observed in the prevention of occupational risks, even with his justification to the acting official.

3. to inform or propose the replacement of main or accessory, sanctions pursuant to the revised text of the law on offences and sanctions in the Social order, approved by Royal Legislative Decree 5/2000, of 4 August, as well as the organic law 4/2000, of 11 January.

4 require public authorities for breach of provisions relating to the health or safety of civilian staff at your service.

5 start the sanctioning procedure through the extension of violation or infringement proceedings for obstruction.

6 carry out payment for debts to the Social security requirements, as well as start files liquidatorios concepts of joint fundraising or undue bonuses, through the practice of liquidation proceedings for amounts owed to Social Security.

7. promote procedures of office for the registration of companies, affiliation and highs and lows of workers, as well as for the business environment of enterprises and workers in the Social security scheme appropriate, without prejudice to the beginning of the record liquidatorio referred to in the preceding paragraph, if appropriate.

8 call of the respective agency suspension or cessation of perception of social benefits, if collection is stated or enjoy in breach of the rules and regulations governing them.

9 urge the competent administrative authority the statement of the charge of economic benefits in case of accident at work or occupational disease caused by lack of occupational health and safety measures.

10 proposing surcharges or reductions in premiums of insurance for accidents at work and occupational diseases, in relation to companies for their behaviour in the prevention of health and labour, subject to applicable regulations.

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

12 order the immediate cessation of works or tasks for non-observance of the rules on prevention of occupational risks, go serious and imminent risk to the safety or health of workers.

13 notify the competent body breaches that check in the application and destination of aid and subsidies for the promotion of employment, training for employment and social promotion, and initiate the corresponding record of repayment of grants and subsidies where appropriate.
14 to propose to his hierarchical superior formulation of communications and demands of nursing to the jurisdiction of the Social as provided in law 36/2011, on 10 October, regulating the Social jurisdiction.

15. in the cases in which Inspector performance affect undertakings established in other Member States of the European Union and the proven facts are punishable by the Member State of origin of the company, these facts may be in the knowledge of the competent authority of the Member State of origin start sanctioning procedure, without prejudice to that can take other measures deemed relevant.

16 inform the competent authority of the results of the investigation for the identification of different subjects responsible for breaches of the rules referred to in article 12(1), including the assumptions of responsibility solidary or subsidiary, as well as for the marking of goods for the effectiveness of the Executive via.

17 report to the public employment services for the purposes of the recognition of actions of orientation, training and professional training for workers in a situation of undeclared work, irregular employment or other non-compliance detected by the Inspector activity, in accordance with the applicable legislation.

18. how many other measures arising from the legislation in force.

Article 23. Presumption of certainty of tax checks.

Actions performed by the officials of the Inspectorate of labour and Social security which is formalized in the acts of violation and liquidation, observing the relevant legal requirements, will have presumption of certainty, notwithstanding the evidence that stakeholders can contribute in defense of the respective rights or interests.

The same probative value is attributed to the facts outlined in reports issued by the Inspectorate of labour and Social security as a result of checks carried out by the same, without prejudice to its contradiction by in the way stakeholders that determine the procedural rules applicable.

Not be affected the presumption of certainty referred to in the preceding paragraphs by the replacement of the official or officials during the period of the action inspector, although it must communicate in time and form to stakeholders replacement before the end of that one, in the terms established by law.

Article 24. Information on the system of inspection of labour and Social Security.

1. in accordance with the principle of unique and integral conception of the system of inspection of labour and Social Security, must ensure is in the treatment of the information of such system the unity and integration of information, interoperability, interconnection and access to the different public administrations on the basis of materials subject to its jurisdiction, in the terms established in this law and its implementing regulations.

Accordingly, staff of the labour and Social security inspection system, can access information necessary for the exercise of inspection functions, records and databases available, in accordance with article 16 and in the terms established.

2. the treatment of the information of the system must be from a database unit and integrated, that keep the homogeneity of data and strengthen, in the whole of the State, the information provided by the Inspectorate of labour and Social Security, as well as which arises from their performances.

3. the treatment of the personal data included in the database of the system is subject to the provisions of the organic law 15/1999, of 13 December, and its implementing regulations.

However, the consent of the interested parties for the inclusion of data in the database of the system or access to them or its communication to third parties by the competent public administrations will not need.

4 will apply to the information system the high level security measures established in the regulations for the protection of personal data.

Title III organization of the system chapter I provisions general article 25. Cooperation and participation of the public administrations.

1. the General State administration and the administrations of the autonomous communities, in the field of their respective competencies, shall ensure the exercise and effectiveness of the public service of the Inspectorate of labour and Social Security. To do this, these administrations will organize the realization of inspection actions subject to the principles set out in article 2 and will develop the principle of cooperation through bodies and instruments provided for in this law and the agreements or arrangements entered into between the competent administrations.

2. the cooperation between the authorities referred to in the preceding paragraph is implemented through collaboration agreements as set out in article 6 of the law 30/1992, of 26 November.

3. the autonomous communities will also participate in the direction of the system of inspection of labour and Social security through the Council Rector of the body State labour inspection and Social Security.

4. with the aim of guarantee the cohesive of the Inspectorate of labour and Social Security, the General Administration of the State and of the autonomous communities shall establish the implementation of plans and programmes of action which are necessary for the achievement of objectives of a general nature.

With the same purpose, the competent administrations will benefit from an information system aimed at ensuring the effectiveness of the Inspector function and coherence and homogeneity of data and their treatment, as laid down in article 24.

Article 26. Definition of services and inspection posts.

The jobs of labour and Social Security Inspector and those of labour sub-inspector, on their double scale of employment and Social Security and occupational health and safety, will be defined according to criteria unique throughout the Spanish territory. Other services and inspection posts will accommodate in its development to the characteristics of each demarcation, in accordance with the competencies of each administration, serving in a preferential way to homogeneous criteria for their establishment.

Chapter II State Agency inspection of labour and Social Security article 27. Creation of the body State labour inspection and Social Security.

1. it creates the inspection of labour and Social Security, State Agency as an autonomous body endowed with its own legal personality different from that of the State and capacity of work for the fulfilment of its purposes, in the exercise of the functions that commit you this Act.

The organism State labour inspection and Social Security will articulate around a central structure and a territorial structure.

2. the legal regime of the State Agency will be established in this law and in chapter II of title III of the law 6/1997, of 14 April, of organization and functioning of the General Administration of the State.

The procedure accounting, budget and control, as well as the accountability of the State body shall be provided for in law 47/2003, of 26 November, for the members of the administrative public sector entities.

3. the body State labour inspection and Social Security is attached to the Ministry of employment and Social Security, which corresponds to its strategic direction, evaluation and control of the results of its activity.

4 corresponds to the Government approve the statutes of the State body by Royal Decree, after consultation with the autonomous communities, at the initiative of the head of the Ministry of employment and Social Security, and on the proposal of the head of the Ministry of finance and public administration.

Article 28. Structure of the State Agency.

1. the Agency State labour inspection and Social Security will be deployed in the whole of the Spanish territory. Both its central structure as territorial shall be established in the statutes to which refers article 27.4, taking into account the established in the following paragraphs and in article 32.

2. the central structure will have a Governing Board and a Director, as managing bodies, and a General Advisory Council, as a body of institutional participation in matters relating to the Agency.

This structure includes the Organization relative to the direction and management of its responsibilities and the planning and coordination of all of the tasks entrusted to the body both at the central and peripheral levels.

Article 29. The Executive Council.

1 the governing body will have joint composition and will be integrated by the following members: to) the President, who will be the holder of the Ministry of employment and Social Security, and the Vice President, who will be the holder of the Undersecretary of the Ministry of employment and Social Security.

(b) the members appointed by the General Administration of the State.

(c) the members appointed by each of the autonomous communities.

The number of vowels, his way of designation and the regime of operation of the Executive Council will be held in the statutes of the State Agency.

2 corresponds to the governing body:
(a) to acknowledge and approve the plans and general programmes of action of the Inspectorate of labour and Social Security and the measures necessary for its implementation.

(b) establish and promote measures of cooperation with other administrations for the better exercise of the functions entrusted to the State Agency.

(c) approve the proposal for the budget of revenue and expenditure of the State Agency and be informed of their execution, as well as to approve the annual accounts.

(d) meet and learn the policy proposals relating to the system of inspection, as well as technical criteria and common operating procedures for the development of the function of the Inspector.

e) adopt proposals in relation to the State position in the field of labour inspection and Social Security at European level, and the implementation of actions and programmes boosting EU and transnational administrative cooperation.

(f) adopt proposals on the issues submitted to it in relation to the processes of entry, selection, training and provision of jobs of officials of national inspection bodies, and planning of human resources and material resources of the system.

(g) propose the adoption of agreements providing material, technical or economic resources of the State Agency and the professional development of the strength of the system, as well as the adoption of common approaches on territorial and functional structure of the same, without prejudice to the competences of the Ministry of finance and public administration and to the respective laws of budgets.

(h) approve the criteria to evaluate the effectiveness and quality of services of the State Agency.

((i) meet the reports, statistics and reports to which refers article 31.3. g).

(j) approve, on the proposal of the holder of the address of the State body, criteria of distribution of personal inspector jobs corresponding to the territorial structure of that body.

Article 30. The General Council.

1. the General Council is the organ of institutional participation in matters relating to the State Agency. 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 most representative trade union organizations.

2. the General Council will have functions of hearing, information and consultation on matters that are aware the Executive Council in accordance with article 29.2.

Article 31. The Director.

1. without prejudice to the powers of the Executive Council, the owner of the address of the Agency exercised functions of representation of the State Agency, as well as your address and Government.

2. the head of the Department shall exercise the functions of the Central Authority of the inspection of labour and Social Security in accordance with article 4 of the Convention number 81 of the International Labour Organization.

3 with specific character, to the head of the Department has the following functions: to) the direction and coordination of the functioning of the State body.

(b) exercise the representation of the Spanish system of labour inspection and Social security institutions and international forums, as well as the European Union, without prejudice to the participation of the autonomous communities in the manner to be determined.

(c) authorise the secondment to the national Office of fight against fraud of the companies that should be subject to verification and investigation by the special inspection Directorate, in accordance with the plans and general programmes to be established.

(d) the address of the high inspection of the State functions in the social order in accordance with provisions in the statutes of autonomy, in the way established in the ninth additional provision.

(e) promoting the conclusion of agreements with the autonomous communities or other institutions of the State in matters within the competence of the State Agency and sign them when it does not correspond to a higher authority.

(f) hold the Secretariat of the Governing Council, as well as the institutional relationship with the authorities of the autonomous communities, for the purpose of ensuring coherence general system and promote the implementation of the objectives in their performance.

(g) develop and publish reports, statistics and reports on the performance of the system of inspection of labour and Social Security, when they refer to the general area of the territory of the State or have by recipient institutions of the State or international or supranational bodies, as well as submission to the institutions in these areas.

(h) hold the staff headquarters, and organize and manage resources human and material resources of the State body, especially in terms of selection, training and mobility, communication and information systems and operation of administrative services.

(i) the definition of the technical and operational criteria for the development of the Inspector function, without prejudice to the participation of the autonomous communities.

(j) the knowledge and resolution records and resources designated by the applicable legislation, as well as from those initiated by the inspection and that do not expressly apply to other public administration authorities.

(k) the knowledge of issues raised with the Ministry of employment and Social Security in relation to actions of the Inspectorate of labour and Social Security, without prejudice to the competence of the regional authorities.

(l) the preparation of the proposed budget of revenue and expenditure of the Agency, as well as the monitoring of budget execution, as well as formulate the annual accounts and pay them, once approved, to the Court of Auditors.

(m) adopt the instructions for guards and organizing services in the competence of the General Administration of the State matters, in coordination with the autonomous communities.

(n) any other assigned the statutes of the agency or other standards.

Article 32. Territorial structure of the organism State labour inspection and Social Security.

1. According to what is mentioned in article 28.1, the Agency State labour inspection and Social Security will deploy in the whole of the Spanish territory. Its territorial structure will develop according to the rules, taking into account the provisions of the following paragraphs.

2. in each autonomous community, there will be a Territorial Directorate, whose owner will be appointed with the participation of the community in the terms provided in the partnership agreement, and who shall be responsible for, in addition to the functions established by regulation, the permanent dialogue with authorities of the same as the referred Convention.

The head of the Territorial Department depends on functionally of the General Administration of the State or of the corresponding regional administration, in response to competition material object of inspection actions that intervene.

However in the autonomous communities that have received the transfer of the exercise of Inspector public function and labour inspection services, will be to what is agreed in the mechanisms of bilateral cooperation, which shall ensure the effective and coordinated provision of the public service of labour inspection and Social Security.

3. the territorial structure, in application of the principle of work scheduled and equipment, should contemplate precise specialized units in the functional areas of activity of the inspection.

4. the definition and the territorial structure of the State Agency inspection posts will serve the principles of effectiveness, efficiency and scheduled work and teamwork and the need or desirability of diversify the tasks inherent to the exercise of inspection functions.

Chapter III cooperation autonomic article 33. Regional of the labour inspection and Social Security Authority.

In each autonomous community public office appointed by it to perform such functions specifically in the field of matters falling within the competence of the community, will be autonomous authority of the inspection of labour and Social Security considered according to what provided the corresponding collaboration agreement. Corresponds to the autonomous authority of the inspection of labour and Social Security, in accordance with what stated in the cooperation agreement, the exercise of the following functions in matters within its competence: a) impulse and track Inspector activity with regard to the competences of the autonomous community, in the territory of the same.

(b) promoting the conclusion of agreements and conventions between the State Agency and the autonomous community.

(c) the presentation of the reports of activities of the Inspectorate of labour and Social Security in its territory, in accordance with its own regulations.

(d) monitoring of the results of Commission actions affecting centers governed or administered by the autonomous community.

(e) proposal for the elaboration of plans and specific training programmes for staff inspection functions, adapted to the peculiarities of economic and labour activity in the territory of the autonomous community.
(f) proposals for technical and operational criteria of the Inspectorate of labour and Social Security depending on the particularities of work or economic activity of the autonomous community, or when there are peculiarities of geographic, in particular for reasons of insularity.

g) proposed to the holder of the direction of the State Agency of the instruction of disciplinary measures with regard to the labour inspection and Social security officials attached to the State Agency in the territory of the autonomous community.

(h) adopt the instructions for guards and services organization in coordination with the General Administration of the State.

(i) how many others available in the collaboration agreements and current legislation.

Article 34. Commission autonomous operations of the inspection of labour and Social Security.

1. in each autonomous community, there will be a regional operational Committee of the inspection of labour and Social Security, coordinated by the holder of the Territorial Directorate of the State Agency and which will be chaired by the regional authority referred to in the preceding article, when you go to the meetings. Its composition shall be determined in accordance with the collaboration agreement, forming part of the same managers designated in the territory of the autonomous institutions and public services responsible for the enforcement of legislation whose surveillance is attributed to the Inspectorate of labour and Social Security in accordance with in article 12.1.

2 without prejudice to what is available to the corresponding cooperation agreement, the regional operational Committee of the inspection of labour and Social Security will be, at least, the following issues: to) the analysis of the situations of breach more frequent or widespread social norms in the territory of the autonomous community, as well as the activity carried out in this area by the Inspectorate of labour and Social Security.

(b) the establishment of mechanisms for information and technical support that are necessary for the proper exercise of Inspector function on the territory of the autonomous community.

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

(d) information, control and monitoring of the implementation of territorial programmes and general programs of the system, as well as the transfer of timely reports to the Executive Council of the State Agency.

(e) the analysis of the number, distribution, specialisation and other characteristics of the strength of the Inspectorate of labour and Social Security in the territory of the autonomous community and the transfer of the findings or proposals that apply to the Executive Council of the State Agency.

(f) procedures for the better distribution of activities between the inspection with a view to achieve a balance between the principle of functional specialization and the unity of function and performance Inspector referred to in article 2.

Article 35. Institutional participation.

The participation of the most representative trade unions and business organizations in matters relating to the inspection of labour and Social Security, restricted to the territory of the autonomous communities, occurs in representative bodies of consultative status, in the form expected by them.

First additional provision. Entry into effective operation of the Agency State labour inspection and Social Security.

1. the entry into effective operation of the Agency State labour inspection and Social Security will take place on the date laid down in their statutes, once approved and published these.

The Government will proceed to the approval and publication of these statutes in the period of three months from the date of entry into force of this law.

Since its commissioning it is subrogated in all the rights and obligations derived from competencies of the General direction of the inspection of labour and Social Security, and in particular, in contracts, agreements, charges and commissions perfected in the scope of powers assigned to the State Agency.

2. the body State labour inspection and Social Security will share the Organization and management of common services that allow a better use of public resources, according to the rules of legal system for the public sector and in the way established in the same.

Second additional provision. Structure of the organism State labour inspection and Social Security.

1. the statutes of the State agency may establish a national Office of anti-fraud, integrated in the body, as the body responsible for the promotion and coordination of the implementation of the measures in the fight against undeclared work, irregular employment, and fraud to Social Security and many others are determined.

These statutes regulate the functions, as well as the Organization and functioning of the Office, which will have the help and cooperation referred to in article 16 in order to achieve maximum coordination and effectiveness in the Inspector performance in combating fraud according to the different materials areas involved. Also the office will have liaison officers appointed by other departments and administrations for the coordination of the actions carried out within the framework of the cooperation agreements referred to in paragraph 8 of that article.

Among its functions the processing may entrust you and, where appropriate, resolution of the proceedings initiated by the Inspectorate of labour and Social Security in the field of the competence of the General Administration of the State, in accordance with the available regulations.

2. in addition, the statutes of the Agency may provide a special inspection Directorate with competence to act in the whole of the territory of Spanish in the areas referred to in article 12(1), which will assume the functions of coordination in actions of tax on companies, sectors or situations that exceed the territory of an autonomous community, as well as that concerning bodies agencies and entities that form part of the State public sector.

In the field of the competence of the General Administration of the State, special guidance will play the direction and development, where appropriate, of such performances and many others are attributed to them by regulation.

Third additional provision. Jurisdictional regime.

The provisions of this law does not imply modification of the competence regime established in the statutes of autonomy of the different autonomous communities, so the same provisions are to be understood in each case according to the provisions therein.

Fourth additional provision. Integration of services and personnel.

1 personal official of the General Administration of the State assigned to the labour and Social security inspection system will be integrated into the body State labour inspection and Social Security.

2. also the workforce of the General Administration of the State assigned to the inspection system of labour and Social Security will be integrated into the organism State labour inspection and Social Security, in the same groups or specialties to which were attached, and with the same rights and obligations that were recognized at the time of the integration.

3 personal interim official and personal work temporary inspection system of labour and Social Security in the service of the General Administration of the State is assigned to the State Agency inspection of labour and Social Security with the same rights and obligations that were recognized at the time of the assignment and the time that endures its service relationship.

4. the assignment referred to in the preceding paragraphs does not imply a change in the legal status of personnel nor the nature of its relationship with the Administration, and will continue performing the functions set out in its regulatory.

Fifth additional provision. Corps of Subinspectors of employment.

1. the body of Subinspectors of employment and Social security becomes referred to as sub-inspectors labour body.

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 sub-inspectors, within the range of employment and Social Security, with the roles and responsibilities that this law recognizes them and all the rights acquired in its body of origin.

3. for admission to employment and Social security of labour sub-inspectors body scale will be necessary to have university degree graduate officer attached to the branch of knowledge of social and legal sciences. They will also remain valid for access to this scale the titles of previous University management in the terms provided for in the law 7/2007, of April 12, the Basic Statute of the public employee, provided that in the case of titles that correspond to these branches or areas of knowledge.
For input into the scale of safety and occupational health of labour sub-inspectors body will need to have university degree graduate officer attached to the branch of knowledge of science, health, or engineering and architectural Sciences. They will also remain valid for access to this scale the titles of previous University management in the terms provided for in the law 7/2007, of April 12, the Basic Statute of the public employee, provided that in the case of titles that correspond to these branches or areas of knowledge.

4 the endowment and the territorial deployment of the labor scale Subinspectors of occupational health and safety will be carried out according to the criteria approved by the Council Rector of the body State labour inspection and Social Security, in accordance with the powers conferred on it by article 29.2. g).

5. without prejudice to the provisions in the preceding paragraph and in accordance with the respective offers of public employment and the provisions of the cooperation agreements, officials of the autonomous communities to the date of entry into force of this law had the authorization for the exercise of other functions referred to in the fifteenth of law 31/1995 additional provision November 8, prevention of occupational risks, can integrated in the body of labour sub-inspectors, on the scale of occupational health and safety, provided that they have the required qualifications and exceed the corresponding selective tests, in the terms and conditions to be determined by regulation.

Sixth additional provision. Assignment of the national bodies of the system of inspection of labour and Social Security.

The national bodies of the system of inspection of labour and Social Security shall be attached to the Ministry of employment and Social Security, without prejudice to the State or regional dependence of officials that compose them, in accordance with article 4.3.

Seventh additional provision. Normative references.

The references made in the legal system to law 42/1997, of 14 November, ordering the inspection of labour and Social Security, be construed as references to the present law. Also, references to the Subinspectors of employment and Social Security to be understood made to the labour Subinspectors.

The eighth additional provision. Autonomous communities with features and services transferred in respect of public service Inspector.

1. the autonomous communities with features and services transferred in respect of public service inspector will participate in the body State labour inspection and Social Security under the terms laid down in this Act, with respect, in any case, to the full exercise of their powers, so it will not them apply the provisions of articles 33 and 34 and maintain organizational and managerial faculties with regard to its own staff , in accordance with the regulations in force.

2 the coordination of actions between the inspection services transferred to such autonomous communities and the General Administration of the State bilateral agreements established taken especially into account the singularity of the organic adscription of inspection services to various public administrations, on the basis of the unique and comprehensive conception of the system , of the principle of unity of function and Inspector performance by officials of the system and the principle of effectiveness in the implementation of the Inspector function.

Equally, and with the same purpose, the autonomous communities and the General Administration of the State shall constitute, according to article 5.7 of the law 30/1992, of 26 November, a body of multilateral cooperation in specific materials areas that interest them in particular, criteria for coordination of supraautonomicas actions or who require a uniform response throughout the country including , if any, referred to in paragraph 2 of the second additional provision; the determination of plans and inspection programs; the criteria and common procedures for performance of the Inspectorate of labour and Social Security, as well as the planning of human resources and material resources of the system in those autonomous communities, in particular the aspects relating to the process of admission, selection, training, provision of jobs and geographical mobility of the national bodies of the system.

It will be integrated by the holders of the respective organs of the Inspectorate of labour and Social Security and will have the Organization and functions to be established in the agreement.

3. inspectors of labour and Social Security and the labor sub-inspectors, within the scope of their respective powers and competences, can carry out investigation actions and adopt measures inspectors in all matters of social order, even if they are different from its organic dependency management competition. Correspondingly, such officials shall give full compliance to committed services, adopting measures that apply within the scope of powers and competences, in accordance with the cooperation agreements.

4. the establishment or modification of the plans or programmes of inspection will be made with full autonomy by each public administration according to their respective material competence.

Once approved by the competent authority, plans or territorial programs communicate each other between the General Administration of the State and that of the corresponding Autonomous Community and will be integrated into the planning and programming general system in the autonomous territory concerned.

5. without prejudice to the provisions of the preceding paragraph may remember to jointly between the two administrations in the bosom mechanisms established bilateral cooperation, plans and joint inspection programmes, establishing criteria for performance Inspector, coordination, collaboration, monitoring and evaluation of results, as may be necessary for their proper implementation.

In these plans and joint inspection programmes will integrate the agreements that it could reach in the Council Rector of the body State labour inspection and Social Security in planning and programming of general scope.

6. the processing and resolution of the proceedings for infringements in the social order or payment of Social security contributions shall be responsible to the competent authority by reason of the matter.

Ninth additional provision. High inspection of the State in the social order.

High inspection of the State functions in the social order they come recognized in the respective statutes of autonomy, except for that relating to health care, is entrusted to the high inspection unit formed by inspectors of labour and Social security that to do so will depend on the head of the Ministry of employment and Social Security.

Tenth additional provision. Public spending.

The measures included in this standard, in particular the configuration of the General direction of the inspection of labour and Social security as an autonomous body, the signing of collaboration agreements with the autonomous communities, the creation and operation of the operational committees of the labour and Social security inspection and the establishment and keeping of the integrated register of personal inspector You can not assume increased public expenditure and, in consequence, allowance or remuneration of other staff costs.

First transitional provision. Transitional arrangements for the Organization of the Inspectorate of labour and Social Security.

1. until such has been not constituted the body State labour inspection and Social Security, as laid down in the first additional provision, the common services of the Ministry of employment and Social Security will continue exercising the competencies that were attributed to the General direction of the inspection of labour and Social Security. In addition, the entire staff, official or labor, Administration General of State attached to the system of inspection of labour and Social Security will maintain service relate to the General Administration of the State until the integration referred to in paragraph 1 of the fourth additional provision.

2. in both the relationships of jobs has not been adopted and transferred the credits, the payment of staff at the service of the State Agency shall be carried out with appropriations of provenance.

3 institutional participation of the labour inspection and Social security bodies will maintain its operation in accordance with its regulations, until such time as the Constitution of the State Agency.

4. until approval of the budget of the Agency autonomous inspection of labour and Social Security, integrated into the General State budget, the budget appropriations to finance the activities of the Labour Inspectorate and Social Security will continue to managing bodies until now competent from the Ministry of employment and Social Security.

Second transitional provision. Transitional rules in the allocation of punitive powers.
Until will not come into force regulations that are approved in development of article 48.1 of the revised text of the law on offences and sanctions in the Social order, approved by Royal Legislative Decree 5/2000 of 4 August, in the wording given by the first of this law final disposition, will continue to be of application regulation in matters of attribution of competences sanction existing prior to the entry into force of this law.

Third transitional provision. Degree of access to employment and Social security of labour sub-inspectors body scale.

1. with the aim of respecting the expectations of applicants for admission to the level of employment and Social security of the body of labour sub-inspectors, the paragraph first paragraph third additional provision fifth on the requirements for the degree for access to this scale only will be payable from 1 January 2019, the oppositions that call for input into the same.

2. up to the date indicated in the preceding paragraph only will be required in the corresponding call for income above scale the degree of graduate or equivalent, unless that title should correspond to specific branches of knowledge.

3. for input into the safety and health of the body of labour sub-inspectors scale it shall not apply the provisions in the preceding paragraphs to the extent that by the aforementioned scale creates a new group of officials.

Sole repeal provision. Repeal legislation.

1 is repealed Act 42/1997, of 14 November, ordering the inspection of labour and Social Security, the first final provision of law 43/2006, of 29 December, for the improvement of growth and employment, as well as many other provisions is contrary to the provisions of the present law.

2. the regulations currently in force will continue to be applicable, insofar as they do not contradict or oppose this law, until appropriate to its repeal or modification by the rules laid down in the third final provision.

First final provision. Modification of the revised text of the law on offences and sanctions in the Social order, approved by Royal Legislative Decree 5/2000 of 4 August.

Article 48 of the revised text of the law on offences and sanctions in the Social order, approved by Royal Legislative Decree 5/2000 of 4 August, is worded as follows: «article 48. Attribution of criminal powers.

1. the exercise of the powers to impose penalties for infringements of the social order in the context of the General Administration of the State shall be the competent authority, depending on what regulations are available.

2. the exercise of the powers to impose penalties on infringements of the social order, where applicable to the administration of the autonomous communities with competence in the field of implementation of legislation in the social order, shall be exercised by the bodies and the limits of distribution determined by each autonomous community.

3. the power to agree the accessory sanctions provided for in this law shall fall to who holds it to impose the main character that caused those.'

Second final provision. Skill-related title.

The precepts contained in chapters II and III of title I, as well as the contents in the title III and in the additional provisions of the present law, which affects the legal regime of public administrations, have the character of basic rules, in accordance with the provisions of article 149.1.18. ª of the Spanish Constitution, which attributes to the State competencies to lay the foundations of the legal regime and the statutory scheme for its civil servants.

The provisions of chapter I of title I and title II of this law on labour legislation, prevention of occupational hazards, placement and employment, Social Security and public social protection, as well as its economic regime, administration of Justice, general finance and public security, are established in the following precepts of the Constitution: to) item 149.1.2. ª, on nationality immigration, emigration, immigration and right of asylum.

b) item 149.1.7. ª, on labour legislation, without prejudice to its execution by the bodies of the autonomous communities.

c) item 149.1.17. ª, on basic law and economic regime of the Social Security, without prejudice to the execution of its services by the autonomous communities.

(d) obligations of support and collaboration with the Inspectorate of labour and Social security that are regulated in article 16 in relation to the courts and tribunals and the General Council of notaries, tax administration and forces and security bodies, is characterisation, respectively, on competencies attributed by the Constitution to the State, in article 149.1.5. ª , on the administration of Justice, in article 149.1.14. ª, on general finance and government debt and in article 149.1.29. ª, on public security, without prejudice to the possibility of creation of police by the autonomous communities in the form established in the respective statutes within the framework which is available to a law.

Third final provision. Enabling the regulatory development.

It authorizes the Government to dictate how many provisions are necessary for the development of this Act, after consultation with the autonomous communities.

Fourth final provision. Entry into force.

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

Therefore, command to all Spaniards, private individuals and authorities, which have and will keep this law.

Madrid, 21 July 2015.

PHILIP R.

The Prime Minister, MARIANO RAJOY BREY