New Regulations Governing the Actions of the General Labor Inspectorate

On September 16, 2026, the Executive Branch signed the decree updating the regulations for International Labour Conventions No. 81 and No. 129 on Labor Inspection in Industry, Commerce, and Agriculture. The new text repeals Decrees No. 371/022 of November 16, 2022, and No. 19/023 of January 18, 2023, consolidating in a single body of rules the powers, authority, and procedures of the IGTSS, as well as the status of its officials.

​Powers and Scope of Application

The decree reiterates that the IGTSS is responsible for: the legal protection of workers in employment, ensuring compliance with labor and social security regulations, and health, safety, and occupational environment conditions.

Its scope of authority covers all companies and organizations, whether for-profit or non-profit, including those that, while not carrying out economic activity, employ staff.

In terms of health, safety, and the occupational environment, the scope of authority extends to state public entities as well.

​Inspector Action Modalities

The decree authorizes three modalities of action, which are not mutually exclusive:

• ​In-person inspection visits at workplaces, without prior notice.
• ​Summons to appear before an official of the summoning Division, served at the legally registered electronic address or the email address listed in the Unified Labor Roster (Planilla de Trabajo Unificada).
• ​Electronic data verification mechanisms within the information systems of the Ministry of Labor and Social Security or other agencies.

​The traditional powers of labor inspectors are maintained: freely entering the workplace at any time of day or night, questioning the employer or personnel, requiring the presentation of books and documentation, requesting signage, and taking photographs, videos, or samples of substances for analysis, with prior notification to the employer. As a clarification regarding the previous regime, the decree expressly allows inspectors to temporarily refrain from identifying themselves when doing so could hinder the purpose of the inspection, provided they document the substantiated grounds for that decision in a specific report (acta).

​Key Deadlines to Keep in Mind

The decree retains the deadline structure:

• ​15 business days to cure detected infractions (extendable according to the complexity of the observation).
• ​3 months to complete inspection proceedings from the inspector’s initial action (extendable for an equal term upon request of the acting inspector).
• ​12 months to complete the entire administrative procedure's investigation, including prior inspection actions (a deadline that can also be extended once).

​The regulations list specific due process guarantees to be observed in administrative proceedings: the right to be heard, to present and produce evidence, to a procedure of reasonable duration, full adversarial proceedings, the presumption of innocence, the right against self-incrimination, equal treatment, the right to the final word, a clear and reasoned decision, and the right to challenge the sanctioning act through administrative and judicial channels, without allowing reformatio in pejus.

​Complaints Regarding Infringement of Fundamental Rights

The decree includes a specific chapter for complaints regarding sexual harassment, workplace harassment, infringement on freedom of association, or discrimination. These must be submitted in writing, identifying the complainant, and accompanied by available evidence (unlike generic complaints, which can be anonymous).

​The Legal Division preliminary assesses their admissibility and may order the taking of evidence for all involved parties without further delay. The acting Professional Advisor personally handles the evidence gathering, including witness hearings—up to five per fact to be proven, unless a substantiated extension is granted.

​When a complaint involves a public agency, the IGTSS immediately notifies it to conduct the corresponding investigation under its own rules, and may instruct it to report within 10 business days on the preventive measures adopted or to be adopted.

​Sanctions Regime. Effective Date and Pending Proceedings

The three existing sanctions remain in place: written warnings (amonestación), fines, and establishment closure. A 10% reduction in the fine amount is introduced when the infraction is classified as minor, provided the irregularities are cured within the granted deadlines and the fine is paid within 10 business days following notification of the sanctioning act. Every sanction entails entry into the Registry of Infringing Companies (Registro de Empresas Infractoras), and sanctions expire five years after the act imposing them becomes final.

​The decree will enter into force 60 days after its publication in the Official Gazette (Diario Oficial), which has not occurred to date. Proceedings initiated prior to that date will continue to be governed by the rules in force at the time of their commencement.

​Key Takeaways

Beyond the general systematization, there are two specific points to keep in mind regarding an IGTSS inspection:

1. ​The inspector's ability to temporarily withhold identification when it could hinder the purpose of the action.
2. ​The express incorporation of electronic data verification as an autonomous action modality, allowing non-compliance to be established without requiring a prior in-person visit.

​Companies should review their internal protocols for receiving inspections and managing fundamental rights complaints in light of these deadlines and guarantees, and ensure personnel receiving inspectors at the workplace are trained on the scope of these new regulations.