Several companies and dozens of posted workers were inspected by enforcement officers of the Labour and Social Security Inspectorates northwest Spain.
A joint inspection took place in multiple locations in the province of León (Spain) during the first week of June. The inspection was done in the framework of a broader regular cooperation programme between the enforcement authorities of Spain and Portugal and with the support of the European Labour Authority (ELA).
Companies active in construction and metallurgy sectors were inspected. A significant presence of workers posted by companies established in Portugal had been detected in advance by regional authorities in these sectors. Several teams of inspectors from the Spanish Labour and Social Security Inspectorate (ITSS) as well as the Portuguese Labour Inspectorate (ACT) and Institute of Social Security (ISS) were operating simultaneously.
Compliance with posting rules and payment of social security contributions were the focus of this cross-border operation. More than 60 workers coming from Spain and Portugal as well as from third countries, such as Brazil, Peru and India, were interviewed.
Both employers and workers were surprised by this joint action and close cooperation of enforcement authorities from both sides of the border. “I would have never expected that I would encounter both Portuguese and Spanish inspectors here in León. I must say that it’s quite good as they will be able to check if our situation is all right from the two perspectives”, a welder said.
Preliminary findings include non-genuine posting situations, possible use of fraudulent PD A1 forms, infringements of working conditions and social security rules. The alleged infringements will need to be further investigated by the authorities through the existing cooperation channels, including the use of IMI module for a secure information exchange.
The collaboration and the strong commitment of participating authorities has proven to be an effective way to tackle cross-border labour and social security-related fraud. Spain and Portugal, with the support of ELA, will continue cooperating to ensure that companies observe labour mobility and social security rights of posted workers.
