The new Law regulating the Labor and Social Security Inspection System clarifies the presumption of certainty of the facts stated in the reports of the Labor and Social Security Inspection (ITSS), attributing to them the same probative value as the infraction reports.
In accordance with Article 15 of the General Regulations on Procedures for Imposing Sanctions for Social Security Offenses, violation reports drawn up by the Labor and Social Security Inspectorate (ITSS) that meet the legally required formal requirements "shall be presumed to be true regarding the facts and circumstances reflected therein that have been verified by the acting official, unless proven otherwise." This means that the facts recorded in the violation reports that have been personally verified or confirmed by the acting official are presumed to be true, unless the interested party proves otherwise. Case law has extended this presumption of truth to other facts that are directly and objectively deducible from those recorded in the violation report, excluding subjective assessments or value judgments made in the violation report by the acting official. Likewise, the presumption of certainty also extends to the facts derived from the practice of evidence that have been reflected or alluded to in the violation reports, on the understanding that if, for example, an inspector questions a witness and records their answers in the report, it is not presumed that their statements are true, but only that such answers to the questions formulated by the inspector have been those that the inspector describes in the report and not others.
Well, the new Law Regulating the System of the Labor Inspection (Law 23/2015, of July 21, in force since 23/07/2015), in its article 23 regulates the presumption of certainty of all inspection checks and, therefore, not only of the reports of infringement but also of the reports, specifying that the same probative value of the reports of infringement is attributed to the facts noted in reports issued by the ITSS as a result of checks carried out by the same, without prejudice to their contradiction by the interested parties in the way determined by the applicable procedural rules.
Martí Milán Romera
Labor Law Area
Àmbit Assesor
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