Can the Labour Inspectorate enter your company without permission? Key points following the new Supreme Court ruling
If your company is located at the same address as its registered office, the Labour Inspectorate will require judicial authorisation to enter your premises.
A ruling that redefines the Labour Inspectorate’s approach to the registered office
The recent judgment of the Spanish Supreme Court of 14 April 2026 introduces a far-reaching issue for Spanish companies, particularly SMEs and mid-sized businesses: if a company’s workplace coincides with its registered office, and there is no clear physical separation between the two, the Labour Inspectorate cannot enter without prior judicial authorisation or the company’s express consent.
In other words, if your workplace is also your registered office, the Labour Inspectorate can no longer enter without judicial authorisation or your consent.
This ruling strengthens the constitutional protection of the domicile of legal entities and may represent a structural shift in the relationship between businesses and the State’s inspection powers, requiring many companies to review their protocols in the event of a potential inspection visit.
The case: action by the Labour Inspectorate without judicial authorisation
The case giving rise to this ruling is illustrative because it does not stem from any exceptional circumstances. The Labour Inspectorate, accompanied by the National Police, entered a company’s premises without judicial authorisation and without the owner’s consent. The property was, at the same time, the company’s registered office and its usual place of business.
Moreover, during the intervention no search was carried out and no documentation was seized; the action was limited to merely entering and remaining on the premises.
The company appealed on the grounds that its right to the inviolability of the domicile, recognised in Article 18.2 of the Constitution, had been breached. Although this argument was rejected at earlier stages, the Spanish Supreme Court reached a different conclusion.
What the Spanish Supreme Court says about the Labour Inspectorate
The judgment is built on two key ideas. First, that constitutional protection is triggered from the very moment of entry, regardless of whether any subsequent search or seizure takes place. Second, that the silence of Article 13.1 of Law 23/2015 regarding the domicile of legal entities cannot be interpreted as excluding such protection.
The Spanish Supreme Court addresses this gap by directly applying Article 18.2 of the Constitution and concludes that the requirement for judicial authorisation also extends to companies’ registered offices when they materially coincide with the workplace.
This interpretation is not entirely new, as both the Spanish Supreme Court and the Constitutional Court had previously recognised that a company’s registered office may be considered a constitutionally protected space.
Impact of Labour Inspectorate inspections on companies with a single registered office
This ruling does not limit the powers of the Labour Inspectorate, but it does make their exercise subject to compliance with constitutional safeguards.
In practice, for many family businesses, SMEs and mid-sized companies operating from a single location, this means that the Labour Inspectorate must obtain judicial authorisation or have express consent before entering. This requires a more proactive approach, including reviewing internal protocols, training staff and ensuring proper management of such situations.
When the Labour Inspectorate requires judicial authorisation
The key to this ruling lies in the absence of any physical separation between the registered office and the workplace. When both coincide in the same space without clear delimitation, constitutional protection is triggered.
By contrast, companies that have a clear separation between their registered office and their operational premises are, in principle, outside the scope of this scenario, which significantly reduces their exposure.
Limits and debate surrounding the Labour Inspectorate
It should be borne in mind that this ruling does not yet constitute settled case law, as it is an isolated decision. Moreover, its interpretation raises relevant questions, particularly in relation to Article 13.1 of Law 23/2015 and International Labour Organization Convention No. 81, which recognises broad powers of access for the Inspectorate.
The absence of an express ruling on this potential conflict leaves an interpretative issue open, which is likely to be developed in future judicial decisions.
How to prepare for a Labour Inspectorate visit
In this new context, it is advisable to assess whether the registered office physically coincides with the workplace and whether there is a clear separation between the different areas. It is also important to understand the true scope of the Inspectorate’s powers and to act judiciously in the event of any visit.
In cases where previous actions have been carried out without judicial authorisation in spaces that coincide with the registered office, it may be appropriate to review their validity from a legal perspective.
Conclusion: new safeguards in relation to the Labour Inspectorate
The doctrine established by the Spanish Supreme Court introduces an important safeguard: the express recognition that a company’s registered office may be protected against unauthorised entry by the Labour Inspectorate.
Although this interpretation will need to be consolidated, it already constitutes a solid legal argument for requiring that inspection actions fully respect companies’ fundamental rights.
FAQ on the Labour Inspectorate and the registered office
Can the Labour Inspectorate enter a company without judicial authorisation?
It depends. As a general rule, the Labour Inspectorate may freely access workplaces. However, where the premises coincide with the registered office and there is no clear physical separation, judicial authorisation or the owner’s consent will be required.
What is considered a registered office for the purposes of a Labour Inspectorate visit?
The registered office is the place where the company has its legal headquarters and from which its activities are directed. For the purposes of a Labour Inspectorate visit, it becomes particularly relevant when it materially coincides with the workplace and may be regarded as a constitutionally protected space.
Why does the Labour Inspectorate require judicial authorisation in certain cases?
Because Article 18.2 of the Constitution protects the inviolability of the domicile. The Spanish Supreme Court has interpreted that this protection also extends to companies’ registered offices when they coincide with the workplace, thereby limiting entry without authorisation.
Which companies are affected by this ruling on the Labour Inspectorate?
Primarily SMEs, family businesses and companies with a single location, where the registered office and the workplace coincide. Companies with separate premises or clearly distinct spaces are less likely to be affected.
What happens if the Labour Inspectorate enters without judicial authorisation?
There could be a breach of fundamental rights, which would allow the inspection action to be challenged. However, each case would need to be analysed individually to determine the legal consequences.
Can a company refuse entry to the Labour Inspectorate?
Yes, where the premises are a protected space such as the registered office with no physical separation, the company may require prior judicial authorisation or decide whether to give its consent. In other cases, an unjustified refusal could lead to penalties.
Is this doctrine on the Labour Inspectorate definitive?
Not yet. It is an isolated judgment of the Spanish Supreme Court and therefore does not constitute settled case law. However, it already represents a relevant legal criterion that may be invoked in practice.
What should companies do when facing a Labour Inspectorate visit?
It is advisable to act with caution and awareness: identify whether the premises are the registered office, check whether there is a physical separation, and, in case of doubt, seek legal advice before allowing access.
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