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Good practice Imported

Spain's Labour Inspectorate Algorithm — Automated Detection of Contract and Overtime Fraud

Spain · Madrid · See the Spain profile · See the Madrid profile

Evidence: Observational / pre–post Top 32% 67/100 · Ask Evidence Copilot about this practice

Spain's Labour Inspectorate cross-references tax, payroll and contract data to flag suspected fraud, driving warning letters and automated infractions — with real gains in contract regularisation and sanctions revenue, alongside union warnings about due-process gaps.

193,946 (vs 92,925 in 2017, more than double)
Temporary-to-permanent contract conversions, 2018 campaign (2017 vs 2018)
two-thirds
Employers regularising voluntarily after warning letter alone (2018 campaign)
32,644 inspections, 11,070 infractions (more than double the 2019 total)
Overtime-campaign inspections and infractions, 2022 (2022)
€13.7 million
Sanctions from overtime campaign (2022)
4,100 contracts across 2,500 companies (majority fixed-discontinuous misuse)
Catalonia fraud indicators flagged (2025-2026)
Spain's Labour Inspectorate Algorithm — Automated Detection of Contract and Overtime Fraud

Details

Maturity
Established
Promoter
Inspección de Trabajo y Seguridad Social (ITSS), Ministerio de Trabajo y Economía Social
Period
2018–2026
Region (NUTS)
ES30
Keywords
labour inspection, tax and social security compliance, employment fraud detection

Context

Spain's Inspección de Trabajo y Seguridad Social (ITSS) needed a way to identify employers likely misusing temporary, part-time or 'fijo-discontinuo' contracts, or under-paying overtime, without inspecting every employer individually.

Objectives

Use data-crossing software comparing billing volume, payroll size and contract types across tax and social security records to flag likely fraud, sending warning letters before escalating to inspection and sanction.

Activities

Since a 2018-2019 nationwide campaign, ITSS has cross-referenced tax, payroll and contract data to flag employers. A January 2021 reform of the LISOS sanctions law extended the model, allowing inspectors to issue some infraction records from automated data-crossing without a site visit. In Catalonia, the regional inspectorate applied the same big-data approach in 2025-2026.

Results

The 2018 campaign converted 193,946 temporary workers to permanent contracts in its first year, more than double the 92,925 conversions recorded in 2017, with two-thirds of employers regularising voluntarily after a warning letter alone. By 2022, a related overtime campaign logged 32,644 inspections, 11,070 infractions (more than double the 2019 total), and €13.7 million in sanctions. Catalonia's 2025-2026 campaign flagged fraud indicators in 4,100 contracts across 2,500 companies, more than half involving misuse of fixed-discontinuous contracts.

Conclusions

The programme shows large, officially reported year-on-year changes in contract regularisation and sanctions, but the inspectors' own union (SITSS) has warned that automating infraction records risks replacing inspectors' direct judgement with insufficient legal guarantees, and legal commentators have compared its opacity risk to the Netherlands' SyRI system, which courts annulled in 2020. Spain has not published the algorithm's scoring criteria.

Implementation

Indicative cost
Medium (€50k–€500k) — Data-crossing software operating across existing national tax, payroll and social-security databases rather than new field infrastructure, consistent with a medium-cost, ongoing administrative-data programme.
Time to results
Long (> 3 years) — Running continuously from the 2018-2019 campaign through 2026 (8 years), extended by a 2021 legal reform and replicated by Catalonia's regional inspectorate in 2025-2026.
Staffing & skills
Inspección de Trabajo y Seguridad Social (ITSS), Ministerio de Trabajo y Economía Social, Catalonia regional labour inspectorate

Conditions for success

  • Cross-referencing existing tax, social security and payroll records rather than collecting new data
  • A warning-letter-first approach that lets employers self-correct before formal inspection/sanction
  • A legal basis (2021 LISOS reform) enabling automated infraction records

Common failure modes

  • The inspectors' own union, SITSS, has publicly warned that automating infraction records risks replacing inspectors' direct judgement with insufficient legal guarantees
  • Spain has not published the algorithm's scoring criteria, and legal commentators have compared its opacity risk to the Netherlands' SyRI system, annulled by courts in 2020 for violating privacy and due-process rights

Where it fits

Governance type
national labour inspectorate, with regional replication (Catalonia)
Scale
nationwide, replicated regionally
Income level
high-income

Commonly funded by

National / regional programmes

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Data sources

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Attachments

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