NEW PROCEDURE FOR THE VISITOR'S BOOK OF THE SOCIAL SECURITY

Law 23/2015, 21st July, to Regulate the System of Labor and Social Security Inspection, has brought a new breakthrough, after the last improvements in tax procedures and in the legalization of the entrepreneurs’ books, in order to digitize and update management procedures, by providing new rules concerning the Visitor’s Book of the Labor and Social Security Inspection.
This Visitor’s Book has traditionally been an unknown for managers. It has been compulsory since the beginning of the 20th century and, after several regulations, every single company and entrepreneur must have an actual Visitor’s Book in each work center, legalized and authenticated by the proper institution. That book would be used to write down the minutes, advises and comments of the Labor and Social Security Inspectors in their visits. However, the low number of visits carried out, the ignorance of the obligation of having a different Visitor’s Book in every work center (which means too many procedures for the manager) and the lack of penalties when the book did not even exist in the companies when an inspection took place, led this obligation to be often ignored, diminishing its usefulness.
Article 21.6 of the Law 23/2015 has nevertheless arrived to reduce procedures and increase the efficacy of the Visitor’s Book. From now on, inspectors will write minutes using, ‘when possible’, electronic devises and societies and entrepreneurs will not be forced to buy and legalize a Visitor’s Book. This new rule, despite the introduction of the phrase ‘when possible’, is a gate to an electronic system of the book (which had been unsuccessfully implemented in some Autonomous Communities) and, especially, results in the abolition of the obligation of having a different Visitor’s Book in each work center.

From now on, inspectors will write minutes using, ‘when possible’, electronic devises and societies and entrepreneurs will not be forced to buy and legalize a Visitor’s Book

The specific steps to implement this new measure have not been ruled yet, since the Ley 23/2015 states that a new rule of the Labor and Social Security Ministry, which has not been provided yet, will develop article 21.6. In any case, Lay 23/2015 is already in force, so, subsequently, the obligations concerning the Visitor’s Book have passed away.
Until the provision of this rule developing article 21.6, we recommend that:
• Companies and entrepreneurs starting their activities after the provision of Law 23/2015 do not acquire or legalize a Visitor’s Book. We recommend the same thing to companies and entrepreneur setting up new work centers or those which do not comply with the former obligation.
• Companies and entrepreneurs fulfilling the former obligation keep the Visitor’s Book until the development of the specific conditions of the new system. In any case, lest we forget the lack of Visitor’s Book will not be punishable from July 2015.