Complaining to the Labour Inspectorate (Inspección de Trabajo)

Terms used

• Inspección de Trabajo — The Inspección de Trabajo is the state body that checks employers follow labour, Social Security and health and safety rules.
• Denuncia — A denuncia is a formal complaint reporting a breach to the authorities.
• Cl@ve — Cl@ve is the Spanish government's electronic identification system for online procedures.
• CIF — The CIF is a company's tax identification number.
• Requerimiento — A requerimiento is an order to correct a breach within a set deadline.
• Acta de infracción — An acta de infracción is the Inspectorate's written proposal to fine a company for a breach.
• Acta de liquidación — An acta de liquidación is the Inspectorate's demand for unpaid Social Security contributions.

Key rules

• No payout: The Inspectorate cannot order your employer to pay you or rule on your dismissal; that takes conciliation and the labour court.
• Dismissal deadline: A dismissal claim must be filed within 20 working days.
• Anonymous: You can complain anonymously, but details make the complaint stronger.
• Timing: Results range from weeks for a simple order to over a year for a sanction case.

What the Inspectorate can and cannot do

The Inspección de Trabajo is a government body that checks whether employers follow labour, Social Security and health and safety rules. A complaint (denuncia) can start an inspection of your employer.

It cannot order your employer to pay you what you are owed. It cannot decide whether a dismissal was fair, void or unfair, and it cannot award you compensation. Fines it proposes go to the State, not to you. For an individual claim, such as unpaid wages or dismissal, you need conciliation and then the labour court (Juzgado de lo Social). A dismissal claim must be filed within 20 working days. The decision below the page helps you choose between the routes, and you can do both.

How to file a complaint

You can file in three ways:

• In person at the provincial or regional office.
• By post.
• Online through the Inspectorate's electronic office or the Ministry of Labour portal. You need a digital certificate or Cl@ve.

Your complaint should give:

• The company's name, address and CIF (its tax number).
• The workplace.
• A clear description of the facts, with dates.
• The workers affected.
• Your own details, unless you complain anonymously.

Add evidence if you have it: payslips, your contract, messages, and the names of witnesses. The documents list below covers these. Specific, dated facts make a complaint much stronger.

Staying anonymous

You can complain anonymously, and the Inspectorate may act on it. A complaint without details carries less weight, though. Officials must keep the complainant's identity secret, and they cannot tell the company that a visit came from a complaint. Your employer may still guess who complained from the facts you report.

What happens next

The Inspectorate first decides whether to open an inspection. After that, the outcome can be:

• The file is closed with no action.
• A warning, or a requerimiento, which is an order to fix a breach within a deadline.
• An acta de infracción, a proposal to fine the company. Fines are graded minor, serious or very serious.
• An acta de liquidación, which demands unpaid Social Security contributions.
• A referral to the courts, for example if a possible crime is detected.

Timing varies a lot. A simple requerimiento can take weeks. A sanction case can take many months or more than a year. You will be told the result only in limited ways, so do not expect a full report back.

Choosing between options

Should you complain to the Inspectorate or go to the labour court?

• Complain to the Inspectorate: You want a breach investigated and corrected, such as unsafe conditions or unpaid contributions, and fines on the employer go to the State.

• Go to conciliation and the labour court: You want money owed to you or a ruling on a dismissal, because only the court can order payment or decide if a dismissal is fair.

• Do both: The problem is a wider breach and you also have an individual claim.

If you need a binding order to pay you or a ruling on a dismissal, use the labour court after conciliation; if you need the breach itself investigated, use the Inspectorate.

Timeline and deadlines

• File your complaint with the Inspectorate: as soon as you have the facts and evidence, and for a dismissal well inside the 20 working days to challenge it

• The Inspectorate decides whether to open an inspection: after it receives your complaint

• A simple order to correct a breach (requerimiento) is issued: within a few weeks in simple cases

• A sanction case ends in a fine proposal: many months, sometimes over a year

• Go to conciliation (SMAC) and then the labour court for an individual claim: in parallel, not after waiting for the Inspectorate; dismissal claims must be filed within 20 working days

Check typical waiting times with your provincial Inspectorate office, as they differ by case.

Documents you need

• Your payslips, if you have them, to back up a complaint about pay or hours.

• Your employment contract, to show the terms you work under.

• Messages from your employer or colleagues that show the problem, such as chats or emails.

• The names of any witnesses who saw the breach.

Checklist

• Write down the company name, address and CIF, the workplace, the facts, the dates and the affected workers.

• Gather your payslips, contract, messages and witness names.

• File the complaint at the provincial office, by post, or online with a digital certificate or Cl@ve.

• Decide whether to give your name or complain anonymously.

Frequently asked questions

Can I complain to the Inspectorate without giving my name?

Yes, you can complain anonymously, but a complaint with few details carries less weight.

Can the Inspectorate make my employer pay what I am owed?

No, the Inspectorate cannot order your employer to pay you the sum owed. It can require compliance and propose fines payable to the State, but it cannot award you compensation. To enforce an individual claim you go to the labour court (Juzgado de lo Social) after a mandatory conciliation attempt.

How long does an Inspectorate complaint take to resolve?

It varies widely, from weeks for a simple requerimiento to many months or over a year for a sanction case. A requerimiento is an order to correct a breach within a deadline.

Can the Inspectorate decide if my dismissal was unfair?

No, the Inspectorate cannot rule on whether a dismissal is fair, void or unfair. Only the labour court can, and the deadline to challenge a dismissal keeps running while an Inspectorate complaint is open, so do not wait for it.