The recent publication of the Strategic Plan of the Labor and Social Security Inspection (PEITSS) 2025–2027, approved by Resolution of September 8, 2025 (BOE September 12), has marked a turning point in the field of socio-labor compliance.
It is not just about greater inspection activity as has occurred with previous planning, but rather a different approach based on the creation of a preventive culture against occupational risk.
This new approach to socio-labor compliance is mainly aimed at greater proactivity and digitalization of the Labor Inspection on the basis of the “evidence of the data” and with the focus on critical risk areas, such as employment stability and the prevention of fraud in hiring, equality, inclusion and the prevention of harassment, salary rights or the control of the new work realities generated by the continuous process of digitalization in the workplace.
The design of this Strategic Plan aims to respond to several challenges, such as the increase in complaints from workers for labor breaches, the continuous regulatory reforms, the existing legislative dispersion in labor matters or the appearance of new occupational risks derived from technological transformation.
The PEITSS, to face these challenges, structures its objectives around two main axes: (i) the inspection activity in the different risk areas and (ii) the quality, effectiveness and efficiency of the inspection service. In addition to reinforcing classic risk areas (hiring, working hours, salary, equality and Social Security), it promotes procedural modernization through, for example, the electronic file, the automation of procedures, the intensive use of inter-administrative information or an evidentiary approach that prioritizes digital evidence obtained in a complete and verifiable manner.
The strengthening of personal and technological means of the ITSS is also planned, as well as specialized analysis units and forensic computer laboratories, raising the standard of proof and the probability of detection.
All of this will result in greater demands on companies that must be prepared to “show”, at any time, compliance with labor regulations with traceable data and records, not with mere declarations of intentions or commitments without real content.
In this new scenario, the socio-labor compliance management system proposed by UNE 19604:2023 allows organizations to pass “from paper to practice“, through the design, implementation, evaluation and continuous improvement of its management system, the standardization of its internal procedures, as well as increasing legal security in decision-making and in the management of its labor relations both internally and with third parties.
The socio-labor compliance management system proposed by UNE 19604:2023 allows organizations to pass “from paper to practice”
To demonstrate this due diligence in the event of possible inspections under the new PEITSS, the socio-labor compliance programs allow complete operational alignment with regulatory compliance and risk prevention due to non-compliance with socio-labor compliance, which could be structured into five levels:
- Preparation of a socio-laboral risk map specifically linked to the critical risk areas contemplated in the PEITSS (e.g.: causality of temporary contracts; abusive terminations during trial periods; dismissals without the legal or conventional formalities provided; reliability, integrity and exportability of workday and work schedule records; management of overtime and digital disconnection, etc.).
- Design of specific controls for each internal process implemented to reduce or mitigate risk (e.g.: automatic verification of thresholds for collective dismissal; payroll-contribution squaring; process of updating internal policies and protocols, especially in matters of harassment and investigation processes; periodic validation of contribution bases, bonuses and frameworks;
- Obtaining complete digital evidence to, where appropriate, be made available to the ITSS when the company is required to do so (e.g.: digital records of the workday record; records of training given to staff, etc.;
- Measurement indicators for monitoring and evaluating the management system (e.g.: number of complaints filed and number of complaints investigated; % attendance at training, etc.); and
- Implementation of a continuous improvement process, with periodic reports on labor regulatory compliance and review by Senior Management.
It must be taken into account that the risks do not necessarily end in the financial fine. Non-compliant behavior or possible evidence of fraud in business actions can open the door to individual claims, invalidity of business decisions and/or reputational damage that is sometimes difficult to reverse. For example, obstruction or the lack of reliable evidence (e.g. inconsistent time records or audits that are far from reality), in addition to increasing the risk of infringement (higher probability), can also aggravate the sanction (higher impact).
From the point of view of defense against an inspection review, an operational management system under UNE 19604 provides an objective plus of due diligence to the organization and facilitates proof of preventive measures, investigations and corrective actions adopted.
Therefore, faced with this new scenario of increased inspection capacity, more technology and greater evidentiary requirements, the response of organizations cannot be to accumulate formal policies or policies without real content. True regulatory compliance and proven due diligence must be demonstrated in their actions through the implementation of procedures and controls that guarantee, not only labor regulatory compliance, but also allow a reduction in the risk of non-compliance.
A well-implemented socio-labor compliance management system not only reduces the risk of receiving sanctions or litigation with workers, but, above all, it creates a true culture of compliance at all levels, organizes internal processes and policies, and converts risk into trust for clients, staff, investors and verification agents such as ITSS.
By Raúl Rojas, partner of Écija
