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Coordination of Business Activities (CAE)
Introduction
The Inspection of Labor and Social Security (ITSS), officially State Body Inspection of Labor and Social Security, is a public service established as an autonomous body "Autonomous Body (Spain)") of the Government of Spain which is responsible for monitoring compliance with the rules of "social order" and demanding the relevant responsibilities, as well as advice and, where appropriate, conciliation, mediation and arbitration in such matters.[2] The ITSS is, therefore, the apex of the Labor and Social Security Inspection System.
The Inspection staff is made up of career officials of higher technical level and national qualification, belonging to the Higher Corps of Labor and Social Security Inspectors and the Corps of Labor Subinspectors. The inspection staff always depends on an Administration, which may be state or regional.
The current general director of the Inspection is, since January 9, 2024, Cristina Fernández González, former head of the National Anti-Fraud Office.[3].
Social order regulations
The legislation relating to the Labor and Social Security Inspection uses the term "social order" as a regulatory field on which the autonomous body must exercise its inspection and sanctioning functions. This term encompasses the following subjects, which are numerus apertus:[2].
History
The century is a key period for the workplace. In Spain, a decisive factor was the approval of the freedom of establishment of industry and freedom of trade in 1812. During the progressive biennium (1854-1856), the social conflicts that already existed at the international level began to be replicated in the country, with demonstrations such as the first general strike in 1855. It was then that the need to approve labor legislation that regulated the relations between employers and employees began to be seen. The first Spanish labor law is the Benot Law of July 24, 1873, approved during the First Republic for the labor protection of children, with the main objective of facilitating their education.[4].
In 1874 and until 1931, the monarchical restoration took place, with the Constitution of 1876 being approved during this period. During the validity of this norm, important events occurred for the world of work, such as the emergence of the UGT in 1888 (PSOE union, created in 1879), the CNT in 1910 and, at the same time, the entry of the first socialist deputy into the Cortes took place, and in 1921 the Communist Party. These elements are translated into labor regulations by the State, and with this, commissions and institutes are created solely to study working conditions and their possible reforms. At the government level, the Commission of Social Reforms (1885) and the Institute of Social Reforms (1903) were founded, the antecedents of the Ministry of Labor "Ministry of Labor (Spain)") (1920).
Coordination of Business Activities (CAE)
Introduction
The Inspection of Labor and Social Security (ITSS), officially State Body Inspection of Labor and Social Security, is a public service established as an autonomous body "Autonomous Body (Spain)") of the Government of Spain which is responsible for monitoring compliance with the rules of "social order" and demanding the relevant responsibilities, as well as advice and, where appropriate, conciliation, mediation and arbitration in such matters.[2] The ITSS is, therefore, the apex of the Labor and Social Security Inspection System.
The Inspection staff is made up of career officials of higher technical level and national qualification, belonging to the Higher Corps of Labor and Social Security Inspectors and the Corps of Labor Subinspectors. The inspection staff always depends on an Administration, which may be state or regional.
The current general director of the Inspection is, since January 9, 2024, Cristina Fernández González, former head of the National Anti-Fraud Office.[3].
Social order regulations
The legislation relating to the Labor and Social Security Inspection uses the term "social order" as a regulatory field on which the autonomous body must exercise its inspection and sanctioning functions. This term encompasses the following subjects, which are numerus apertus:[2].
History
The century is a key period for the workplace. In Spain, a decisive factor was the approval of the freedom of establishment of industry and freedom of trade in 1812. During the progressive biennium (1854-1856), the social conflicts that already existed at the international level began to be replicated in the country, with demonstrations such as the first general strike in 1855. It was then that the need to approve labor legislation that regulated the relations between employers and employees began to be seen. The first Spanish labor law is the Benot Law of July 24, 1873, approved during the First Republic for the labor protection of children, with the main objective of facilitating their education.[4].
It will be from the Institute of Social Reform that the idea of creating the Labor Inspection in 1906 came from.[5][6] Its regulations, approved on March 1, entrusted it with monitoring compliance with the incipient social legislation of the time (Law on Work Accidents of January 30, 1900, Law on the Work of Women and Minors of March 13, 1900, Law on Sunday Rest of March 3, 1904,...).[7] During its first years its development and expansion continued despite the political problems and the Civil War.
An important expansion of the powers of the Labor Inspection occurred in 1939 with the creation of the National Labor Inspection Corps and the consequent integration into it of the Social Security Inspection and the Emigration Inspection. New integrations occurred later as a consequence of the Labor Inspection Regulatory Law of 1962, affecting the Technical Inspection of Social Security and the Labor delegates. In 1984, the Public Service Reform Law once again formed the Labor Inspection, transformed since 1981 into Inspection of Labor and Social Security,[8] organizing the inspection function around two bodies, the Superior of Labor and Social Security Inspectors and that of Labor Controllers, as a management body.[7] In 1985 it was transformed into the General Directorate of the Labor and Safety Inspection. Social.[9].
Finally, in 1997 and in accordance with the new territorial organization of the State arising from the 1978 Constitution, the Labor and Social Security Inspection System was configured as an integrated institutional set, whose functions are exercised in accordance with the scope of powers of the State and the autonomous communities, thus establishing the conditions of participation of said communities in the development of the Labor and Social Security Inspection system. Consequently, this Law defines an institutional system of Labor and Social Security Inspection that is based jointly at the level of the State and the autonomous communities, based on their respective powers and under the principle of inter-institutional collaboration. Likewise, Law 42/1997 proceeds to the creation, as a management body, of the Corps of Employment and Social Security Sub-Inspectors, in which the Corps of Labor Controllers is integrated, adapting and updating their inspection functions of support and collaboration within the Labor and Social Security Inspection system in which they are integrated.[7].
In 2010, the State transferred inspection powers to the autonomous community of Catalonia,[10] and did the same with the autonomous community of the Basque Country in 2012.[11].
In 2015, an important novelty occurred, and that was the approval of Law 23/2015, of July 21, Organizing the Labor and Social Security Inspection System, which provides for the transformation of the Inspection by granting its own legal personality, differentiated from that of the State, and the capacity to act, by configuring it as an autonomous body "Autonomous Body (Spain)").[2] However, this clause was not applied immediately, and it was not until the beginning of 2018, when the General Directorate of the Labor and Social Security Inspection is abolished and the current autonomous body is created.
Main organs
Contenido
La Inspección de Trabajo dos órganos principales de dirección y gobierno: el Consejo Rector y el director. Además, posee un Consejo General para facilitar la participación institucional en el organismo de las Administraciones Públicas y de los interlocutores sociales.[12].
Governing Council
The Governing Council is a collegiate body made up of representatives of the General Administration of the State and the autonomous communities. It works in plenary session and in the Permanent Commission and is responsible for approving the general lines of action of the organization as well as approving the budgetary and personnel policies of the management.
It is made up of:[13].
Those who are summoned by it to report on matters of their competence or specialty may attend the sessions of the Governing Council, with voice and without vote.
Director
The head of the Inspection Directorate, with the rank of Director General "General Director (Spain)"), is appointed by royal decree, at the proposal of the Minister of Labor, among career officials belonging to a Body included in subgroup A1. The director is in charge of representing the organization, as well as assuming its direction and governance. Likewise, the director is considered Central Authority of the Labor and Social Security Inspection which, according to article 4 of Convention number 81 of the International Labor Organization, is the authority in charge of monitoring and controlling the inspection.[14][12].
In cases of vacancy, absence or illness, the director of the Agency will be replaced by the Deputy Directors General of his dependency, following the order established in the legislation, unless the director expressly establishes another order of substitution.
The Advisory Board of the Labor and Social Security Inspection is the advisory body to the Director, and is made up of the Territorial Directors, the Special Director, and the heads of the Agency's management bodies and System officials who are convened in each case.
General Council
The General Council is the body of institutional participation to facilitate institutional participation in the body of Public Administrations and social partners. The objective of this General Council is to inform administrations and social organizations about the agreements and proposals reached in the different bodies of the Inspection, as well as to formulate proposals and recommendations.[12].
It is made up of representatives of the public administrations that form the Governing Council (8), representatives of the most representative trade union organizations (8) and representatives of the most representative business organizations (8), in proportion.
The presidency of the General Council falls to the director of the Inspection and has three vice-presidencies, one for a regional representative and one for each social organization. It also has a secretary appointed by the president among the officials of the State Organization, who will attend the meetings with voice but without vote. All representatives have a term of four years.[12].
Structure
La Inspección de Trabajo y Seguridad Social posee una estructura central y una estructura territorial.[12].
Core structure
The central structure is made up of all those bodies with the rank of general subdirectorate that report directly to the Director of the Labor and Social Security Inspection, and are:[12].
Territorial structure
As ordered by the Law Organizing the Labor and Social Security Inspection System, the State Agency is deployed throughout the national territory, and is structured therein through:[12].
[3] ↑ a b c «Ley 23/2015, de 21 de julio, Ordenadora del Sistema de Inspección de Trabajo y Seguridad Social.». www.boe.es. Consultado el 4 de octubre de 2019.: https://www.boe.es/buscar/act.php?id=BOE-A-2015-8168
[9] ↑ «Real Decreto 428/1981, de 13 de marzo, por el que se reestructuran y adscriben determinados órganos del Ministerio de Trabajo, Sanidad y Seguridad Social.». www.boe.es. Consultado el 4 de octubre de 2019.: https://www.boe.es/buscar/doc.php?id=BOE-A-1981-6214
[10] ↑ «Real Decreto 530/1985, de 8 de abril, por el que se determina la estructura orgánica básica del Ministerio de Trabajo y Seguridad Social y se suprimen determinados Organismos autónomos del Departamento.». www.boe.es. Consultado el 4 de octubre de 2019.: https://www.boe.es/buscar/doc.php?id=BOE-A-1985-6730
[11] ↑ «Real Decreto 206/2010, de 26 de febrero, sobre traspaso de funciones y servicios a la Generalitat de Cataluña en materia de Función Pública Inspectora de la Inspección de Trabajo y Seguridad Social.». www.boe.es. Consultado el 5 de octubre de 2019.: https://www.boe.es/diario_boe/txt.php?id=BOE-A-2010-3238
[12] ↑ «Real Decreto 895/2011, de 24 de junio, sobre traspaso de funciones y servicios a la Comunidad Autónoma del País Vasco en materia de Función Pública Inspectora de la Inspección de Trabajo y Seguridad Social.». www.boe.es. Consultado el 5 de octubre de 2019.: https://www.boe.es/buscar/doc.php?id=BOE-A-2011-11226
[13] ↑ a b c d e f g «Real Decreto 192/2018, de 6 de abril, por el que se aprueban los estatutos del Organismo Autónomo Organismo Estatal Inspección de Trabajo y Seguridad Social.». boe.es. Consultado el 4 de octubre de 2019.: https://boe.es/buscar/act.php?id=BOE-A-2018-4753
In 1874 and until 1931, the monarchical restoration took place, with the Constitution of 1876 being approved during this period. During the validity of this norm, important events occurred for the world of work, such as the emergence of the UGT in 1888 (PSOE union, created in 1879), the CNT in 1910 and, at the same time, the entry of the first socialist deputy into the Cortes took place, and in 1921 the Communist Party. These elements are translated into labor regulations by the State, and with this, commissions and institutes are created solely to study working conditions and their possible reforms. At the government level, the Commission of Social Reforms (1885) and the Institute of Social Reforms (1903) were founded, the antecedents of the Ministry of Labor "Ministry of Labor (Spain)") (1920).
It will be from the Institute of Social Reform that the idea of creating the Labor Inspection in 1906 came from.[5][6] Its regulations, approved on March 1, entrusted it with monitoring compliance with the incipient social legislation of the time (Law on Work Accidents of January 30, 1900, Law on the Work of Women and Minors of March 13, 1900, Law on Sunday Rest of March 3, 1904,...).[7] During its first years its development and expansion continued despite the political problems and the Civil War.
An important expansion of the powers of the Labor Inspection occurred in 1939 with the creation of the National Labor Inspection Corps and the consequent integration into it of the Social Security Inspection and the Emigration Inspection. New integrations occurred later as a consequence of the Labor Inspection Regulatory Law of 1962, affecting the Technical Inspection of Social Security and the Labor delegates. In 1984, the Public Service Reform Law once again formed the Labor Inspection, transformed since 1981 into Inspection of Labor and Social Security,[8] organizing the inspection function around two bodies, the Superior of Labor and Social Security Inspectors and that of Labor Controllers, as a management body.[7] In 1985 it was transformed into the General Directorate of the Labor and Safety Inspection. Social.[9].
Finally, in 1997 and in accordance with the new territorial organization of the State arising from the 1978 Constitution, the Labor and Social Security Inspection System was configured as an integrated institutional set, whose functions are exercised in accordance with the scope of powers of the State and the autonomous communities, thus establishing the conditions of participation of said communities in the development of the Labor and Social Security Inspection system. Consequently, this Law defines an institutional system of Labor and Social Security Inspection that is based jointly at the level of the State and the autonomous communities, based on their respective powers and under the principle of inter-institutional collaboration. Likewise, Law 42/1997 proceeds to the creation, as a management body, of the Corps of Employment and Social Security Sub-Inspectors, in which the Corps of Labor Controllers is integrated, adapting and updating their inspection functions of support and collaboration within the Labor and Social Security Inspection system in which they are integrated.[7].
In 2010, the State transferred inspection powers to the autonomous community of Catalonia,[10] and did the same with the autonomous community of the Basque Country in 2012.[11].
In 2015, an important novelty occurred, and that was the approval of Law 23/2015, of July 21, Organizing the Labor and Social Security Inspection System, which provides for the transformation of the Inspection by granting its own legal personality, differentiated from that of the State, and the capacity to act, by configuring it as an autonomous body "Autonomous Body (Spain)").[2] However, this clause was not applied immediately, and it was not until the beginning of 2018, when the General Directorate of the Labor and Social Security Inspection is abolished and the current autonomous body is created.
Main organs
Contenido
La Inspección de Trabajo dos órganos principales de dirección y gobierno: el Consejo Rector y el director. Además, posee un Consejo General para facilitar la participación institucional en el organismo de las Administraciones Públicas y de los interlocutores sociales.[12].
Governing Council
The Governing Council is a collegiate body made up of representatives of the General Administration of the State and the autonomous communities. It works in plenary session and in the Permanent Commission and is responsible for approving the general lines of action of the organization as well as approving the budgetary and personnel policies of the management.
It is made up of:[13].
Those who are summoned by it to report on matters of their competence or specialty may attend the sessions of the Governing Council, with voice and without vote.
Director
The head of the Inspection Directorate, with the rank of Director General "General Director (Spain)"), is appointed by royal decree, at the proposal of the Minister of Labor, among career officials belonging to a Body included in subgroup A1. The director is in charge of representing the organization, as well as assuming its direction and governance. Likewise, the director is considered Central Authority of the Labor and Social Security Inspection which, according to article 4 of Convention number 81 of the International Labor Organization, is the authority in charge of monitoring and controlling the inspection.[14][12].
In cases of vacancy, absence or illness, the director of the Agency will be replaced by the Deputy Directors General of his dependency, following the order established in the legislation, unless the director expressly establishes another order of substitution.
The Advisory Board of the Labor and Social Security Inspection is the advisory body to the Director, and is made up of the Territorial Directors, the Special Director, and the heads of the Agency's management bodies and System officials who are convened in each case.
General Council
The General Council is the body of institutional participation to facilitate institutional participation in the body of Public Administrations and social partners. The objective of this General Council is to inform administrations and social organizations about the agreements and proposals reached in the different bodies of the Inspection, as well as to formulate proposals and recommendations.[12].
It is made up of representatives of the public administrations that form the Governing Council (8), representatives of the most representative trade union organizations (8) and representatives of the most representative business organizations (8), in proportion.
The presidency of the General Council falls to the director of the Inspection and has three vice-presidencies, one for a regional representative and one for each social organization. It also has a secretary appointed by the president among the officials of the State Organization, who will attend the meetings with voice but without vote. All representatives have a term of four years.[12].
Structure
La Inspección de Trabajo y Seguridad Social posee una estructura central y una estructura territorial.[12].
Core structure
The central structure is made up of all those bodies with the rank of general subdirectorate that report directly to the Director of the Labor and Social Security Inspection, and are:[12].
Territorial structure
As ordered by the Law Organizing the Labor and Social Security Inspection System, the State Agency is deployed throughout the national territory, and is structured therein through:[12].
[3] ↑ a b c «Ley 23/2015, de 21 de julio, Ordenadora del Sistema de Inspección de Trabajo y Seguridad Social.». www.boe.es. Consultado el 4 de octubre de 2019.: https://www.boe.es/buscar/act.php?id=BOE-A-2015-8168
[9] ↑ «Real Decreto 428/1981, de 13 de marzo, por el que se reestructuran y adscriben determinados órganos del Ministerio de Trabajo, Sanidad y Seguridad Social.». www.boe.es. Consultado el 4 de octubre de 2019.: https://www.boe.es/buscar/doc.php?id=BOE-A-1981-6214
[10] ↑ «Real Decreto 530/1985, de 8 de abril, por el que se determina la estructura orgánica básica del Ministerio de Trabajo y Seguridad Social y se suprimen determinados Organismos autónomos del Departamento.». www.boe.es. Consultado el 4 de octubre de 2019.: https://www.boe.es/buscar/doc.php?id=BOE-A-1985-6730
[11] ↑ «Real Decreto 206/2010, de 26 de febrero, sobre traspaso de funciones y servicios a la Generalitat de Cataluña en materia de Función Pública Inspectora de la Inspección de Trabajo y Seguridad Social.». www.boe.es. Consultado el 5 de octubre de 2019.: https://www.boe.es/diario_boe/txt.php?id=BOE-A-2010-3238
[12] ↑ «Real Decreto 895/2011, de 24 de junio, sobre traspaso de funciones y servicios a la Comunidad Autónoma del País Vasco en materia de Función Pública Inspectora de la Inspección de Trabajo y Seguridad Social.». www.boe.es. Consultado el 5 de octubre de 2019.: https://www.boe.es/buscar/doc.php?id=BOE-A-2011-11226
[13] ↑ a b c d e f g «Real Decreto 192/2018, de 6 de abril, por el que se aprueban los estatutos del Organismo Autónomo Organismo Estatal Inspección de Trabajo y Seguridad Social.». boe.es. Consultado el 4 de octubre de 2019.: https://boe.es/buscar/act.php?id=BOE-A-2018-4753