The documents required during a workplace inspection are those that the law deems mandatory to be kept at the enterprise, not those prepared after notification. Essentially, there are seven groups. Individual contracts, employee files and the employee register, payroll and contribution registers, leave register, pay slips, the internal regulations, and the safety file with the risk assessment.
This page shows each document, the section that requires it, and the error that renders it invalid during inspection.
Read also: Inspection and Work Control: The Complete Guide
This table is the same list we use when we prepare a client for an inspection.
| Document | What does it prove? | Article |
|---|---|---|
| Individual employment contract, in writing | The twelve mandatory elements | 21, third paragraph |
| Employees Register | Who works in the company? | 36 |
| Employee file | Required data and retention periods | 33 |
| Payroll and contribution records | Updated every month for each employee. | 95, first paragraph |
| Leave Register | Start date, days worked, dates taken, pay given | 95, second paragraph |
| Invoice and calculation | Elements of pay, allowances, and deductions | 118 point 1/1 and 119 |
| Internal Regulations | Start and end times of work | 79, point 1 |
| Acts on disciplinary measures | Reference to the contract regarding measures and procedures | 37 |
| Labor Code and legislation | Made available to employees | 38 |
| Accident reports, the last three years | History of events | 42, letter a |
| The Plan and Project of Work Positions | Environment configuration | 42, letter b |
| Risk assessment for each workplace | Risks and preventive measures | 42, letter b/1 |
| List of dangerous substances | Composition, hazard, measures, number of exposed | 42, letter c |
The key phrase in Articles 42 and 95 is "submission upon request." The document must exist before the audit, not be prepared during it.
Read also: Mandatory elements of the employment contract
Evidence of working hours is not mentioned as a separate document in any article. However, without it none of these can be proven.
Therefore, the evidence of the hours is always included in the file we prepare, even though the law does not designate it.
Read also: Mandatory payroll contributions
The procedure is governed by the inspection legislation, not the Labor Code. The deadlines are short and expire quickly.
| Phase | Deadline |
|---|---|
| Advance Notice of Scheduled Inspection | No later than 10 days beforehand. |
| Notification of the minutes to the entity | Within 48 hours |
| Submission of objections by the subject | Within 8 days |
| Final decision | Within 30 days |
The eight-day deadline is the point at which the most is lost. Objections submitted within it are included in the final decision. Those submitted later must follow the appeals process.
Read also: Fines and the appeals process
The inspection file works best when divided into five parts, because the inspector searches by topic rather than by employee.
Part 1. Subject. Excerpt from the registration, internal regulations, the provided Labor Code, acts on disciplinary measures.
Part 2. Employees. The employees register and the individual file for each, including the contract and its amendments.
Part 3. Payroll. Payroll and contribution records, monthly pay stubs, pay slips, and bank payment proofs.
Part 4. Time. Clock records, leave and vacation logs, and authorizations for overtime when applicable.
Part 5. Safety. Risk assessment, site plan, list of materials, training register, accident reports from the last three years.
This division makes the hearing shorter and reduces the number of questions left unanswered in the record.
Read also: Employee file and mandatory records
Article 33 sets a limit that is often exceeded with good intentions. The employer does not collect information about employees except for that related to professional skills or necessary for the performance of the contract.
File data is retained until the end of the employment relationship and, in the case of Article 146(2), for a six-month period from receipt of the notice. Processing beyond these periods requires the employee's consent.
Therefore, a file full of redundant documents is no longer secure. It creates a second problem, that of data protection.
Accident reports from the past three years, the workplace layout plan, the risk assessment for each workstation, and the list of hazardous substances, in accordance with Article 42.
No. The contract establishes the employment relationship, but not the wages paid, hours worked, or breaks taken. For that, the Section 95 records and payroll sheets are required.
Labor inspectors and authorized inspectors of the tax administration, pursuant to Article 95, first paragraph.
The law does not prescribe any form but requires submission whenever requested. Therefore, electronic form is permitted if the documents can be submitted immediately and are complete.
No later than 10 days in advance, in accordance with the inspection legislation.
Within 8 days of notification of the minutes.
Yes. Section 95, second paragraph, requires for each employee, with the start date of employment, the days due, the dates taken, and the pay granted.
The code does not designate it as a separate document, but without it you cannot prove overtime, night work, and compensatory rest, so in practice it is always required.
