Being the subject of illegal conditions in a job that, on the other hand, supposes a person’s livelihood, can become a very complicated situation. To guarantee the fight for their labor rights, the worker can file a complaint with the Labor Inspection, which must be done in accordance with the provisions of the law.
It establishes that one of the ways to start an inspection activity is by reporting an allegedly infringing activity. The fact that this complaint can be made not only by the worker who is the victim of this alleged illegality, but also by “any person who has knowledge” of acts of this type.
According to the Ministry, “infractions in the social order are considered to be the actions and omissions of the responsible subjects (individuals or legal entities and joint property) typified and sanctioned in the regulations of the social order” and related to matters of the labor field, of occupational health and safety, social security or employment, among others.
Therefore, the written complaint will initiate this investigation process for the allegedly infringing company. makes available to the citizen a complaint model that can be obtained in different languages. The data that must be collected in said letter of complaint are the following:
-Data of the accused: company name, registered office, NIF, CCC, province, town, number of workers…
-Data of the complainant: name and surname (anonymous complaints are not processed), DNI and other contact information such as email, postal code, address…in addition to informing whether he currently works for the company and whether the complaint is own or on behalf of another person.
-A report of the events that occurred: here the complainant will have to explain the events that gave rise to the complaint, its date and place, and provide the necessary supporting documentation, if applicable.
Subsequently, the complainant must sign the complaint and indicate to which center of the Provincial Inspection of Labor and Social Security the letter is addressed. With everything filled out, you can prepare for shipping.
According to the Ministry of Labor, there are three ways to file the complaint:
-In person at any of the offices of the Provincial Labor and Social Security Inspectorates, in addition to the records of the other bodies of the Administration and local administrations, provided that there is an agreement.
-In a telematic way at the Electronic Headquarters of the Ministry of Labor, by means of an electronic DNI or digital certificate ().
-By post at the corresponding Provincial Labor Inspection office, although in this case a certified copy of the DNI and a written authorization are required so that your data can be verified during the inspection.
The mailbox of the Labor Inspection
It is not a complaint as such, but the mailbox of the Labor Inspection is another of the options that citizens have to give proof of allegedly criminal business activity.
In this modality, the Ministry of Labor explains that “the caller will not have to provide any personal data and the mailbox will only collect information on the alleged irregularities of which it is aware.”
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