Labor Inspection and FOGASA Share Data: What Risk Do Companies Face in 2026

Key data

If you have employees, this agreement affects you. The Labor Inspection (OEITSS) and the Wage Guarantee Fund (FOGASA) have formalized a systematic information exchange agreement to detect and combat labor fraud. They no longer act as separate organizations: they now share files, evidence, and judgments in real time, with permanent channels in each province.

This agreement, published in the BOE on September 28, 2026, and in force since September 17, updates and strengthens previous agreements from 2013 and 2019, significantly intensifying coordination between both organizations.

What does this regulation establish?

The agreement defines with precision what information flows in each direction. It is not a generic collaboration agreement: it establishes specific channels, specific obligations, and a permanent territorial structure.

Information that FOGASA communicates to Labor Inspection

• Evidence of shell companies detected during the processing of benefits
• Judgments with employees not registered with Social Security that FOGASA has had to execute
• Cases with possible derivation of corporate liability

Information that Labor Inspection communicates to FOGASA

• Files with evidence of fraud that may affect the recognition of wage benefits

Territorial coordination structure

• Permanent provincial communication channels are established
• Each territory will have designated liaison representatives in both organizations

Data protection obligations

• Both organizations are obligated to professional confidentiality in the treatment of shared information
• The exchange must fully comply with the GDPR (General Data Protection Regulation)

Economic and operational impact

The impact is not a new fine or additional fee. The real impact is the exponential increase in detection risk for companies that have operated in gray areas until now.

Until 2026, Inspection and FOGASA worked with partial information. A company could have unregistered employees that FOGASA knew about through a judgment, but Inspection did not receive that alert systematically. That informational "firewall" disappears with this agreement.

The economic consequences of being detected can include:

• Derivation of corporate liability: the company may be obligated to repay FOGASA the amounts it has paid to workers
• Sanctions for labor violations resulting from inspection action triggered by evidence communicated by FOGASA
• Social Security contributions not paid plus surcharges and interest, if unregistered employees are detected
• Criminal liability in cases of shell company or systematic fraud

Compared to the 2013 and 2019 agreements, this agreement introduces the permanence and systematization of the exchange: it is no longer occasional or upon request, but continuous and with fixed liaison representatives in each province.

Who does it affect?

• Companies with employees not registered with Social Security: FOGASA will communicate to Inspection any judgment where it detects this situation
• Companies with wage debts that have resulted in FOGASA benefits: they are automatically on Inspection's radar
• Companies in bankruptcy or liquidation with employees affected by wage non-payment
• Shell or front companies: FOGASA will systematically transfer detected evidence to Inspection
• Business groups with possible derivation of liability: if a subsidiary or related company has problems, the risk extends to the group
• Temporary employment agencies and temporary work companies with irregularities in registering assigned workers
• Sectors with high turnover and informal work: hospitality, construction, agriculture, retail

Practical example

A construction company faces difficulties and stops paying salaries to 12 workers. They turn to FOGASA, which pays the pending wage benefits after the corresponding judgment. During processing, FOGASA detects that 3 of those 12 workers were not registered with Social Security at the time of non-payment.

With the previous agreement (2019), this information may or may not have reached Labor Inspection, depending on whether there was an express request. With the new 2026 agreement, the provincial liaison representative of FOGASA automatically transfers this evidence to the liaison representative of Inspection in that same province.

Inspection opens a file. The company faces sanctions for unregistered workers and, additionally, a claim from FOGASA to recover the amounts paid, with possible derivation of liability to administrators if fraudulent conduct is proven.

What should companies do now?

1. Audit the Social Security registration of all active employees: verify that each person providing services is correctly registered before they start working, not after.
2. Review pending wage debt situations: if your company has or has had wage non-payments that have resulted in claims to FOGASA, anticipate that Inspection may receive that information and prepare supporting documentation.
3. Review corporate structure: if you operate with multiple companies and there are group relationships, ensure there are no signs that could be interpreted as derivation of liability or shell company.
4. Properly document contracts and registrations: in the event of an inspection triggered by FOGASA information, the burden of proof falls on the company. Having documentation in order is the first line of defense.
5. Consult with a labor advisor if your company has had or has files with FOGASA: the new permanent provincial channel means that information may already be in Inspection's hands.

Official source

Consult complete regulation in official source

Notice: This article is for informational purposes only and does not constitute legal advice. For specific decisions, consult a qualified professional. Source: https://www.boe.es/diario_boe/txt.php?id=BOE-A-2026-20133