Labour inspection reports, their probative value and contestation
DOI:
https://doi.org/10.24310/rejlss11202521845Keywords:
infringement record, presumption of certainty, challenge, nullity, disciplinary proceedings, defenselessnessAbstract
This study offers an exhaustive analysis of all the legal provisions that refer to the labour inspection report and the sanctioning procedure, and, in the light of the judicial pronouncements, it records those non-compliances or irregularities that can lead to the nullity of the sanction imposed. Given the far-reaching consequences that their assessment entails, the grounds for nullity as of right are interpreted in a strict and restrictive sense. Only when the omission or irregularity entails a real and effective prejudice for the person concerned, i.e. the right to defence is deprived, is the administrative sanctioning act invalid.
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References
Díaz Rodríguez, J.M., Tratado práctico sobre la Inspección de Trabajo, Lex Nova, Thomson Reuters, Valladolid, 2016.
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