Since last September 12 2016, the Ministry of Employment and Social Security approved a Ministerial Order for its entry into force the following day (September 13), which eliminates the need for companies to have the Guestbook before the Labor Inspectorate.

Instead, it states that the Inspectors of Labor and Social Security and employment sub-inspectors, when conducting the visit in the workplace or verification by appearance of the inspected draw up a diligence on such action must follow the model adopted in the aforementioned order and being able to capture in electronic format. In the next link find the Ministerial Order of June 10 establishing the model of diligence performance of the Inspectorate of Labor and Social Security is regulated, and the model of care to be made.

In this diligence, the following content must necessarily be included:

  1. Place and date of issue of diligence.
  2. Identify the official.
  3. Company / workplace.
  4. Data representative who attended the acting inspector.
  5. Circumstances of the collaboration of workers' representatives.
  6. Materials and other aspects examined and surrounding circumstances.

However, elimination of duty have been announced despite GuestbookWe should not overlook that the Order itself establishes the obligation to retain guestbooks and models electronic diligence extended prior to 13 September 2016, for a period of 5 years from the date of the last diligence performed. Also, new formats delivered or sent to the company measures should also be retained for the period of 5 years from their issue, it remains available to the Labor Inspectorate.

About the Author:

Miquel Fornieles

DiG Lawyers