Everything you need to know about labor inspections and how to prepare for one

The Ministry of Labor and Social Welfare (STPS) has the power to visit companies to inspect compliance with labor standards. The inspections they can be general working conditions, training and education, health and safety at work or any other regulation.

According to General Regulation of Labor Inspectionthe inspections carried out by the STPS can be ordinary and extraordinarythe latter are only carried out when the authority has received a complaint or complaint from a worker, if the dependency finds out about a breach or work accidents or, in case of having detected in any documentation possible irregularities attributable to the employer, among others situations.

The difference between one and the other is that the ordinary ones must be notified to the work center at least 24 hours prior to the date on which the visit will take place and it must take place on business days and hours. In the case of extraordinary inspections, such as those used to verify compliance with sanitary measures, the authority can carry out the verification without prior notice and it can be carried out at the time the inspector visits the company.

The notification received by employers for the filing of a ordinary inspection must specify “the name of the employer, address of the Work Center, day and time in which the diligence will be carried out, the type of Inspection, the number and date of the corresponding Inspection order, accompanying a list of documents that the employer must show , the aspects to be reviewed and the legal provisions on which they are based”, refers to the regulation.

Regular inspections include:

  • Initials. They are carried out for the first time at a work center or due to its expansion.
  • periodic. They are carried out at intervals of twelve months, a period that may be extended or shortened according to the evaluation of the results obtained from previous Inspections.
  • Verification. They are carried out when it is necessary to verify compliance with the measures previously placed or ordered by the authorities in matters of occupational health and safety.

The Federal Labor Law (LFT) establishes the obligation of employers to allow inspection in companies. With the subcontracting reform, a new procedure was established for companies that do not allow the relief of the visit of the authorities, in addition to being awarded a fine of up to 448,100 pesos, the employer must go to the STPS to display the information required , aware that, if you do not do so, it will be presumed that you do not have it.

In this sense, Carlos Ferran Martínez, managing partner of the firm Ferran Martínez Abogados, points out that when faced with a visit by the labor authority, the first thing that every employer must take into account is that they cannot deny the access to inspector.

“In short, it is not a good idea not to let a labor inspector in. The fact of not letting the inspector in simply has the consequence that the company tacitly consents to everything that came in the inspection report. It’s like saying: well, everything they’re going to check on me turns out I don’t have it. And obviously the fines and the responsibility can be really important”, exposes the specialist.

Step by step for labor inspections

The labor inspections They have a procedure defined in the regulations to which both STPS officials and employers must adhere. These are the steps of the process:

  1. The inspector will present to the employer or his representative the original inspection order, with the signature of the authorized public servant and a guide with the rights and obligations of the employers.
  2. The inspector will show his current credential with a photograph, issued by the labor authority.
  3. The employer or his representative must grant all kinds of facilities, support and assistance, including administrative, to the public servant to relieve the visit.
  4. Inspectors can ask positive questions of workers and employers separately; the visits also contemplate revisions of documents.
  5. A circumstantial record will be drawn up, with the intervention of the employer or his representative, as well as that of the workers, in the presence of two witnesses proposed by the employer, or appointed by the Labor Inspector himself if the latter has refused to propose them. .
  6. During the inspection, the employer may correct any fact or situation detected, being recorded in the minutes.
  7. The minutes will detail the findings of the visit.
  8. Before concluding the preparation of the corresponding record, the Labor Inspector will allow the people who have participated in the diligence to review the record to formulate observations or offer evidence.

For now, the inspection regulations establish that in any visit the inspectors can impose a deadline 30 to 90 business days to employers “to correct identified deficiencies and non-compliances” or submit documentation proving compliance, except in cases of imminent danger or risk.

“The terms granted may be extended, on a single occasion, up to a term equal to that originally granted, as long as life is not put at risk, worker health and safetyand there is a free written request from the interested party before the expiration of the granted term”, it is indicated in the regulation.

The Ministry of Labor and Social Welfare has a project to modify the regulatory framework and reduce the maximum term to correct detected deficiencies to five days.

How to identify an STPS inspector?

According to the Secretary of Labor, inspectors They must wear a badge that proves their position. The elements that companies must verify to verify the authenticity of public servants as agency officials are:

  1. Photography
  2. Name
  3. QR code (recommended to scan it)
  4. Credential number and affiliation
  5. Validity of the credential
  6. inspector’s signature

In addition, the STPS has an active platform “Know your inspector”, a tool for companies to verify that officials are agency inspectors. Work centers can also verify the identity of inspectors by phone (55) 3000-2700 at extensions 65338, 65388 and 65394.

By regulation, the labor inspectors they are assigned randomly, except in the cases of inspections that require a certain degree of specialization.

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