Mistakes that could cost you thousands of euros in labour inspections

Labour inspections have become more rigorous and frequent, especially with the digitalisation of records and remote monitoring by the Labour and Social Security Inspectorate. For many companies, an oversight can result in fines of thousands of euros, even if the infringement may not seem serious at first glance.

In this article, we analyse the most common mistakes detected by the Labour Inspectorate and how to avoid them in order to protect your company and ensure compliance.

1. Incomplete or manual time tracking

One of the most frequent breaches is the lack of a proper working time tracking system. The most common mistakes are:

• No time tracking or incomplete records that do not include each employee’s start and end time.
• Use of manipulable systems, such as spreadsheets or paper records without guarantees of immutability.
• Failure to retain records for the four years required by law.

The consequence: penalties of up to €10,000 per employee if fraud or repeat offences are detected. With the obligation to use digital systems accessible remotely, the Inspectorate can check working time records at any time.

 

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2. Incorrect management of overtime

The lack of reliable ordinary working time records often leads to incorrect overtime management. Risky practices include:

• Failing to record hours worked beyond ordinary working time.
• Failing to pay or compensate those hours in accordance with the collective agreement or the law.
• Exceeding the annual maximum overtime limit.

Recommendation: It is essential to implement a time tracking system that allows you to clearly distinguish ordinary working hours from overtime, ensuring proper compensation and Social Security contributions.

3. Failure to comply with the right to digital disconnection

The right to digital disconnection protects employees against calls, emails or tasks outside working hours. The most common mistakes include:

• Not having a clear internal policy defining how this right should be exercised.
• Requiring continuous availability from employees, especially in remote working arrangements.
• Failing to provide training and awareness measures on the reasonable use of technological tools.

Consequence: The absence of a digital disconnection policy, following prior consultation with employee representatives, may be considered an infringement and lead to penalties.

4. Lack of documentation and process traceability

The Inspectorate also reviews the documentation supporting internal processes. The most common mistakes include:

• Failure to retain contracts, payslips or proof of payment.
• Lack of documentation proving the management of holidays, leave or sick leave.
• Absence of internal audits of labour procedures.

Having systems that ensure traceability and secure digital archiving helps avoid penalties due to missing information.

5. Failure to keep up with regulatory changes

Labour laws change frequently. Some serious mistakes arise from:

• Not being aware of the latest legislative changes regarding contracts, working time or equality.
• Failing to adapt internal company policies to new regulations on remote working or equality plans.
• Applying outdated collective agreements or failing to follow interpretative criteria from recent case law.

Recommendation: Prevention requires regular review and updating of internal procedures to ensure compliance with current regulations.

How Adlanter can help

At Adlanter, we help companies anticipate labour inspections and minimise risks.

Avoiding these mistakes not only protects your company from fines, but also optimises your labour processes and improves operational efficiency. Discover how with our team of expert labour support and compliance specialists for companies.