AutoSmart GuidebooksWhat this guidebook covers
Under the LISOS (Social Order Infringements and Penalties Act), very serious infringements are fined up to €225,018, and many serious ones are fined per worker affected. The ITSS (Labour and Social Security Inspectorate) cross-checks Social Security data, working time records and workshop opening hours, and Social Security also claims unpaid contributions with a surcharge.
This guidebook covers 6 labour standards for dealers and workshops, with 18 checkpoints: a contract and registration before the first day, daily working time records, pay under the collective agreement, holidays and rest, equality and harassment, and the internal whistleblowing channel. The guidebook PDF is in Spanish.
The 6 labour law standards
Open a standard to see the law behind it, what is checked, what it can cost and the evidence. Ideal fix times are counted from audit submission.
LAB-01Contract and registration before startingImmediate
- The law
- Workers' Statute · LISOS (RDL 5/2000, offences and penalties in social matters) · ET art. 8: contract · LGSS: Social Security registration before starting work
- What we check
- Every employee has a written contract and is registered with Social Security before their first day. Nobody works "on trial" without registration.
- What it can cost
- A fine per worker and contributions with a surcharge.
- Evidence
- ITA / affiliation report
LAB-02Working time records7 days
- The law
- Workers' Statute · LISOS (RDL 5/2000, offences and penalties in social matters) · ET art. 34.9: daily record of working hours
- What we check
- Each employee's start and finish times are recorded every day. The records are kept for 4 years and are available to staff and the Inspectorate.
- What it can cost
- A serious offence: up to €7,500.
- Evidence
- Time records
LAB-03Pay under the collective agreement72 hours
- The law
- Workers' Statute · LISOS (RDL 5/2000, offences and penalties in social matters) · ET arts. 26–29: salary, payslip and timely payment · applicable collective agreement
- What we check
- Pay meets the collective agreement (the province's metal or automotive retail agreement) and the minimum wage, and is paid on time with an itemised payslip.
- What it can cost
- Repeated late payment: up to €225,018.
- Evidence
- Payslips + transfers
LAB-04Holidays and rest30 days
- The law
- Workers' Statute · LISOS (RDL 5/2000, offences and penalties in social matters) · ET arts. 34–38: rest between shifts, overtime and holidays
- What we check
- 12 hours' rest between shifts, at most 80 hours' overtime a year, and 30 calendar days' holiday that are actually taken.
- What it can cost
- A serious offence: up to €7,500.
- Evidence
- Calendar
LAB-05Equality and harassment30 days
- The law
- Workers' Statute · LISOS (RDL 5/2000, offences and penalties in social matters) · Organic Law 3/2007: equality plan (50 or more employees) · pay register · harassment protocol
- What we check
- Every company has a pay register and a protocol against sexual harassment. With 50 or more employees, a registered equality plan.
- What it can cost
- Serious offences: up to €7,500; harassment is very serious: up to €225,018.
- Evidence
- Documents
LAB-06Whistleblowing channel30 days
- The law
- Workers' Statute · LISOS (RDL 5/2000, offences and penalties in social matters) · Law 2/2023: whistleblower protection (50 or more employees)
- What we check
- With 50 or more employees there is an internal reporting channel, with a designated manager, confidentiality and a ban on retaliation.
- What it can cost
- Legal entities: up to €1 million.
- Evidence
- Screenshot of the channel
How to run a Spanish labour law compliance audit, step by step
- Confirm what applies. Check the provincial collective agreement that applies, and count employees: the equality plan and the whistleblowing channel apply from 50 workers.
- Walk the site, standard by standard. Score each of the 18 checkpoints Pass, Fail or N/A. N/A only where the standard rules it out, with the reason recorded. Cross-check the headcount with the Social Security registration report, compare time records with workshop opening hours, and review 10 payslips and their payment dates.
- Capture the evidence. A pass counts only with proof captured at the time of the audit: the Social Security registration (ITA) report, time records, payslips and transfers, the holiday calendar, the pay register, harassment protocol and equality plan, and a screenshot of the whistleblowing channel.
- Give every fail an owner and a fix time. Record what you saw and who owns the fix. Each standard carries an ideal fix time, from immediate to 30 days, counted from audit submission (see the table above).
- Fix it, then prove it. The site fixes the cause and uploads proof of closure; the auditor checks the proof before closing the finding.
- Re-check at the next audit. Confirm closed findings stay closed, and look for the same fail at your other sites so one gap doesn't repeat across the network.
Who this guidebook is for
- Management: understand how the risk adds up
- HR and administration: keep contracts, records and payslips in order
- Auditors: cross-check headcount, schedules and documents
A reference document, not legal advice. Fines and rules change: check the current text with the regulator or your legal adviser before acting.
