New developments in the Supreme Court's doctrine on Labour Inspectorate access to companies: distinction between workplace and registered office – Supreme Court Judgment 441/2026
11 june 2026 · Vilar Riba
Supreme Court Judgment No. 441/2026, of 14 April 2026, examines the limits of the Labour Inspectorate’s access to company premises when the registered office and the workplace are located within the same space. The ruling upholds the Inspectorate’s general right of access to workplaces, while recognizing that certain business premises may be protected by the constitutional right to the inviolability of the home when they can be considered the registered office from which the company’s management and control are carried out. Judgment 441/2026 is a recent decision, and its practical application will need to be clarified through future court rulings. For this reason, it is advisable to assess each situation on a case-by-case basis before taking any decision in response to an inspection action.
What does the judgment say?
- The Supreme Court considers that areas used for company management or for storing confidential documentation may be regarded as the company’s registered office, which is constitutionally protected by the fundamental right to the inviolability of the home.
- In such cases, access by the Labour Inspectorate may require the company’s consent or prior judicial authorization, limited to the specific area occupied by the registered office.
- The judgment emphasizes the importance of a clearly identifiable physical separation between management areas and ordinary working areas. It also makes clear that the workplace and ordinary working areas remain accessible to the Labour Inspectorate without restrictions.
- Therefore, where the Inspectorate’s actions are limited exclusively to the working area and there is a clear physical separation from the protected premises (registered office), judicial authorization may not be required.
(Access to the full text of the judgment)
Recommendations in the event of a Labour Inspectorate visit
- Identify the inspector and verify their credentials.
- Understand the purpose and scope of the visit.
- Accompany the inspection throughout the visit and cooperate with the inspecting officer.
- Identify the premises the Inspectorate intends to access.
- Assess whether there are management areas or premises containing confidential documentation that could be considered the company’s registered office, and determine whether access should be authorized or whether judicial authorization should be requested.
- Seek specialized legal advice in the event of any doubt or incident.
