By Ministerial Order dated 12/09/2016, the obligation to have the companies in the Visitor’s Book of the Labor and Social Security Inspectorate is no longer compulsory, and the diligences that were recorded in them are recorded in the model of diligence approved in Said Order. Therefore the old Book of Visit, happens to better life and will cease to be part of the obligatory business documentation.
Content of diligence
1. In general, each procedure shall state:
A) Place and date of issuance of the procedure.
B) Identification of the acting official, Body to which he belongs. If the action is carried out by more than one official, including qualified technicians who accompany the Inspector of Labor and Social Security, the diligence will be signed by the Inspector who directs the proceedings, who will outline the identity of the other officials who intervened.
C) Data of the company / work center in which the inspection is carried out (name / company name, tax identification number, activity, e-mail address and address of the work center).
D) Name and surname, DNI / NIE, if applicable, of the person who served the official acting in the performance of the proceedings, when he / she has lent his / her collaboration, as well as the character or representation with which he / she intervenes.
E) Circumstances of the collaboration of the representatives of the workers in the development of the actions, if it had occurred.
F) Subjects or aspects examined and other concurrent circumstances.
2.1. If a requirement to remedy deficiencies is formulated
The diligence will contain the anomalies or deficiencies assessed with indication of the term for its cure, in the terms provided for in article 43 of Law 31/1995, of November 8, on Prevention of Occupational Risks.
2.2. If there is a request for the entry of Social Security contributions or concepts of joint collection, proceed in accordance with the applicable regulations.
2.3. If the decision to stop or suspend work is documented in article 44 of Law 31/1995, of November 8
The diligence will contain enough data to determine the scope and conditions of the stoppage ordered, as well as those necessary for the exercise of the right to challenge.
It is not mandatory that the diligence should refer to the practice or not of acts of infringement or liquidation.
Model of diligence
The diligence will be extended in the model provided in the annex to this order. Electronic means may be used for processing.
Delivery of copies
A copy of this procedure will be sent or delivered to the company, another copy of the same, if applicable, to the prevention delegates (article 40.3 of the LPRL), with another being in the possession of the acting official, for later filing.
The transfer of the copy of the diligence to the inspected subjects can be done by any of the means admitted in law.
Each copy of diligence delivered or sent to the company must be kept at the disposal of the Labor Inspection and Social Security for a period of five years, counting from the date of issue of each one of them.
“The Visitor’s Books and the models of diligence extended prior to the entry into force of this order shall also be kept at the disposal of the Inspectorate of Labor and Social Security for a period of five years from the date Of the last diligence performed. During this period, the Inspection of Labor and Social Security will keep the steps taken in the Electronic Book of Visits. Within that period, the companies affected may request a copy of the proceedings referred to them. “