Labor Inspection: Understand the Importance of Legal Compliance and Best Practices for Companies

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Complying with the laws and regulations governing labor relations is extremely important for any company. Therefore, labor inspection is a topic that should be widely discussed, ensuring the success of the business.

But do you know what the main types of inspections are and the impacts of not complying with the law? So continue reading and discover the best practices so you don't have to worry about labor inspections.

In addition, we will explore how document management can be a fundamental ally in keeping all records and documents in order, facilitating compliance with labor laws. Let's go!

What is the role of labor inspection?
According to MTP Ordinance No. 547,

“Art. 2º Labor inspection is a typical State activity, carried out by Labor chile whatsapp list Auditors, who are responsible for ensuring throughout the national territory the application of the Constitution and legal and sub-legal provisions regarding the protection of workers in the exercise of their labor activity, as well as the clauses of collective instruments that are violated.”

MTP Ordinance No. 547
In other words, the main objective of labor inspection is to ensure that companies comply with labor laws and health and safety standards in the workplace . Therefore, it becomes essential to ensure that organizations act legally and to promote a safe and healthy workplace, without abusive practices or practices that disrespect human rights.

This type of inspection is carried out by tax auditors from the Ministry of Labor and Social Security and the Public Ministry of Labor. It usually occurs based on a complaint made by an employee, tax auditor or labor judge to the competent bodies.

It is important to note that there are two ways to proceed with the inspection: direct and indirect. In direct inspection, the auditor visits the company to analyze compliance with standards and assess whether or not the complaint is well-founded. In indirect inspection, the inspection is carried out based on the analysis of data and documents, without the auditor being present at the organization.

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What are the types of labor inspection?
There are some main types of inspections that companies need to know about in order to better prepare themselves if they need to go through this process. They are:

Inspection by complaint
As the name suggests, this type of inspection occurs when there is a complaint against the company. This complaint may be regarding non-compliance with labor rights or poor working conditions, for example.

Directed
This type of inspection is carried out by the Labor Inspection Department ( SIT ). It is carried out at the company itself, so that the auditor can analyze the conditions of the work environment.

Indirect
It is carried out through a Notification for Submission of Documents ( NAD ). When the company receives this letter, it must separate the requested documents and forward them to a Regional Labor Office, where an auditor will perform the necessary analyses.

Immediate
For this type of inspection, there is no need for a complaint to be filed; the auditor simply needs to identify that the company is putting the health and safety of its employees at risk. In this scenario, the company receives a notice of violation and, in more serious cases, may even be embargoed or closed.

FGTS and Social Contribution Collection
In this case, auditors check whether there are any irregularities in relation to the payment of contributions. If any problem is found, the company receives a notice of violation and a Tax Notification for Collection of Contributions.

Analysis of work accidents
If there is an accident at work, the organization must notify the competent bodies through the Work Accident Report ( CAT ). In this way, the auditors will carry out an inspection at the company to identify the possible causes of the accident.