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Law No. 108 Of 16 June 1999 For The Establishment And Organization Of Labour Inspection

Original Language Title:  LEGE nr. 108 din 16 iunie 1999 pentru înfiinţarea şi organizarea Inspecţiei Muncii

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LEGE no. 108 108 of 16 June 1999 (** republished) (* updated *) for the establishment and organisation of Labour Inspection ((updated by 17 December 2014 *)
ISSUER PARLIAMENT




---------- ** **) Republicated pursuant to art. V of Law no. 51/2012 amending and supplementing Law no. 108/1999 for the establishment and organization of the Labour Inspection, published in the Official Gazette of Romania, Part I, no. 182 of 21 March 2012, giving the texts a new numbering. Law no. 108/1999 was also republished in the Official Gazette of Romania, Part I, no. 740 740 of 10 October 2002. + Chapter I General provisions + Article 1 (1) The Labour Inspection, specialized body of the central public administration subordinated to the Ministry of Labour, Family and Social Protection, based in Bucharest, shall be established. (2) The Labour Inspection has legal personality and is fully financed from the state budget, through the budget of the Ministry of Labour, Family and Social Protection. (3) The Labour Inspection performs the function of state authority, ensuring the exercise of control in the fields of labor relations, safety and health at work and market surveillance. (4) The Labour Inspection acts to ensure the social protection of work, based on the provisions of art. 41 of the Romanian Constitution, republished, and of the provisions Convention of the International Labour Organization no. 81/1947 on labour inspection in industry and trade, ratified by Decree of the State Council no. 284/1973 and ale Convention of the International Labour Organization no. 129/1969 on labour inspection in agriculture, ratified by Decree of the State Council no. 83/1975 . + Article 2 The Labour Inspection has in subordination territorial labor inspectorates, institutions with legal personality, which are organized in each county and in Bucharest. + Article 3 The Labour inspection, through the Ministry of Labour, Family and Social Protection, can propose to the Government the establishment under its subordination, under the conditions provided by the regulation of organization and functioning, of units with legal personality, by to ensure the preparation or improvement of the training of their staff, as well as the performance of benefits related to the specificity of the activity. + Article 4 The organization and functioning of the Labour Inspection is regulated by the Regulation of organization and functioning, approved by Government decision * *), at the proposal of the Ministry of Labour, Family and Social Protection, in compliance with the provisions of the laws, hereinafter referred to as Regulation. Note
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** **) See Government Decision no. 1.377/2009 on the approval of the Regulation on the organization and functioning of the Labour Inspection, as well as for the establishment of measures of an organizational nature, published in the Official Gazette of Romania, Part I, no. 802 of 25 November 2009, with subsequent amendments and completions.
---------- + Chapter II Tasks of the Labour Inspection + Article 5 The Labour Inspection performs the following general functions: a) state authority, which ensures the exercise of control of the application of legal provisions in its fields of competence; b) communication, ensuring the exchange of information with central and local public administration authorities, as well as with natural and legal persons subject to control activity, informing them and citizens of how to comply and apply the provisions of the legislation in the fields of competence c) representation, which ensures, on behalf of the Romanian state and the Romanian Government, the representation internally and externally in its fields of competence; d) training, through which the training and professional improvement of the staff is carried out, under the law; e) cooperation, through which actions are carried out jointly, internally and internationally, in the fields of competence; f) of administration, which ensures the management of goods in the public domain, respectively private of the state or, as the case may be, of the administrative-territorial units it has in administration or in use, of the funds allocated for the purpose officials under the law, as well as the organization and management of computer systems necessary for their own + Article 6 (1) The Labour Inspection shall have the following general duties: a) control of the application of legal, general and special provisions, in the fields of labor relations, safety and health at work and market surveillance; b) providing information to employers and employees on the means of applying legal provisions in the fields of competence; c) informing the competent authorities about deficiencies or abuses related to the application of legal provisions in force; d) the provision of services specific to its field of activity; e) the initiation of proposals to improve the legislative framework in its fields of activity, which they submit to the Ministry of Labour, Family and Social Protection. (2) The Labour Inspection shall have the following specific tasks: A. in the field of labor relations: a) control the application of legal, general and special regulations, regarding the conclusion, execution, modification, suspension and termination of individual employment contracts; b) control the establishment and granting of rights due to the employees arising from the law, from the applicable collective agreement and from individual employment contracts; c) controls the application of measures to respect equal opportunities and treatment between women and men; d) ensure at national level the record of work performed on the basis of individual employment contracts, through the general register of employees, as well as the record of day labourers and beneficiaries of their benefits; e) control the use of labour, in order to identify cases of undeclared work; f) receives and transmits in computer system, through territorial labor inspectorates, the data submitted by employers and beneficiaries regarding employees and day laborers; g) ensure the registration of collective agreements at the level of units and verify their provisions, according to the procedure approved by the state inspector general, and conciliate the labor conflicts triggered at the level of the units; B. in the field of safety and health at work and market surveillance: a) control, coordinate and methodologically guide the application of the provisions on safety and health at work, arising from national, European legislation and conventions of the International Labour Organization; b) researches the events according to the competences, endorses the research, establishes or confirms the character of accidents, collaborates with the institutions involved in the record and reporting of occupational accidents and diseases; c) control the activity of training, information and consultation of employees and provide information in order to improve it; d) authorizes from the point of view of safety and health at work the functioning of natural and legal persons and withdraws or may propose the withdrawal of authorization, under the law; e) analyze the activity of external prevention and protection services and propose, as the case may be, to the commission to empower external services to prevent and protect and to endorse technical documentation of information and training in the field of safety and health at work within the territorial labour inspectorates withdrawal of empowerment; f) issue opinions and authorizations according to the competences established by the applicable normative g) orders the cessation of the activity or the stop in operation of the work equipment, if a state of serious and imminent danger of injury or professional illness is found, and notifies, as the case may be, the prosecution bodies; h) orders the employer to carry out measurements, determinations and surveys for the prevention of events or to determine the causes of the events produced, as well as the verification, by competent bodies, of the classification of the noxes professional within allowable limits at workplaces, the expenses being borne by the employer; i) control compliance with the legal provisions regarding the placing on the market of products for which market surveillance actions are carried out, according to the competences; j) restrict, through the legal measures established by the legislation in force, the marketing of non-compliant products and order measures to eliminate the non-conformities found; k) take samples and carry out tests in order to identify products that have suspicions of non-compliance; l) collaborate with the customs authorities and other bodies responsible for border controls for the exchange of information on products posing risks in use; m) work with the national competent authorities and within the European Union on all market surveillance issues, including the notification of the safeguard clause for non-compliant products. (3) The Labour Inspection shall also perform other tasks established under its responsibility according to the legislation in force. (4) The central and local public administration authorities, as well as the institutions subordinated to them, the coordination or under their authority shall be required to make available to the Labour Inspection and the territorial labour inspectorates, to their request, the necessary information and documents, operatively and free of charge, to carry out the duties established by law. + Article 7 (1) The Labour Inspection may provide services and provide data/information, for a fee, under the law. (2) The labor of the services provided shall be borne by their beneficiaries and shall constitute state budget revenues. (3) The services for which tariffs are charged, as well as their amount shall be established by order of the Minister of Labour, Family and Social Protection. + Article 8 In carrying out its duties, the Labour Inspection cooperates, nationally and internationally, on the basis of protocols, agreements and memoranda, with similar institutions, with inspections from other fields, public or private institutions, with organizations of social partners and any other organizations that are constituted and operate according to the law. + Article 9 Repealed. ---------- Article 9 was repealed by the letter. d) a art. 23 of EMERGENCY ORDINANCE no. 86 86 of 17 December 2014 , published in MONITORUL OFFICIAL no. 920 920 of 17 December 2014. + Chapter III Organisation of Labour Inspection + Article 10 (1) Labour inspection is conducted by a state inspector general. (2) In the exercise of their duties, the state inspector general has 2 deputy state inspectors in subordination. (3) The state inspector general and the deputy state inspectors are appointed by order of the Minister of Labour, Family and Social Protection, under the law. (4) The functions of state inspector general and deputy state inspector general are public functions of specific management, assimilated from the point of view of salary rights with the general manager, respectively the deputy director general of the ministry. (5) The state inspector general and the deputy state inspectors shall have the status of inspector of work and may exercise control activities throughout the territory of the country. (6) The state inspector general is a secondary authorising officer. (7) In the exercise of his duties, the state inspector general issues decisions and approves methodologies, procedures and instructions in the fields of activity of the Labour Inspection. (8) The duties of the State Inspector General and of the Deputy State Inspector General are established by Regulation. (9) At the level of the Labour Inspection shall be the Tripartite Advisory Council, with a role of social dialogue, consisting of the designated representatives of the institution, of the trade union and employers ' confederations representative at national level. (10) The organization and the tasks of the Tripartite Advisory Council shall be established by the Regulation on the organization and functioning of the own apparatus of the Labour Inspection, approved by order of the Minister of Labour, Family and Social Protection, at Labour Inspection proposal. + Article 11 (1) The territorial labor inspectorates are led by a chief inspector, appointed by order of the Minister of Labour, Family and Social Protection, under the law. (2) The chief inspector is a tertiary authorising officer. (3) In the exercise of leadership duties, the chief inspector has in subordination 2 deputy chief inspectors, appointed by order of the Minister of Labour, Family and Social Protection, under the law. (4) The Chief Inspector and the Deputy Chief Inspector shall have the status of inspector of work and may exercise control activities. (5) The functions of the Chief Inspector and Deputy Chief Inspector are specific public management functions, assimilated from the point of view of the salary rights with the Executive Director and the Deputy Executive Director of the Public Services devolved of ministries. (6) At the level of the territorial labour inspectorates, a tripartite advisory council, with a role of social dialogue, consists of the designated representatives of the institution and of the representative trade union and employers organizations at the level national. (7) The organization and tasks of the Tripartite Advisory Council shall be established by the organization and functioning regulations of the territorial labor inspectorate, approved by order of the Minister of Labour, Family and Social Protection, at Labour Inspection proposal. + Article 12 (1) The staff of the Labour Inspection and of the territorial labour inspectorates shall be composed of civil servants and contract staff. (2) In the exercise of their duties, the labor inspectors shall exercise duties of state authority. (3) The Labour Inspection ensures the participation of its own staff and territorial labour inspectorates in professional improvement programs, specific to the field of activity, approved annually by decision of the state inspector general. (4) The public management functions of the directorates/services/offices with powers of control and of the labor relations are public functions of specific management. (5) The public management officials of the directorates/services/offices with powers of control and record of labor relations have the quality of labor inspector. (6) Labour inspectors, other categories of civil servants, as well as contract staff of the Labour Inspection and territorial labour inspectorates benefit from special measures to protect against threats, violence and violence. or any acts that endanger them, their families and/or property, and the reimbursement of all expenses for damages incurred in the performance of their duties. (7) The special protection measures, as well as the conditions and the manner of their realization, shall be established by order of the Minister of Labour, Family and Social Protection. The opinion of the National Agency of Public Officials will be obtained for the regulations applicable to civil servants. (8) The staff of the Labour Inspection and of the territorial labour inspectorates shall receive financial support from the institution, by bearing the amounts necessary to ensure legal assistance, under the conditions established by order of the Minister of Labour, family and social protection, in cases where the acts and acts performed during the performance of duties, within the limits and in compliance with the legal provisions, are the subject of judicial proceedings. + Article 13 (1) The maximum number of posts for the own apparatus of the Labour Inspection and of the territorial labour inspectorates shall be established by Regulation. (2) The organizational structure and the state of functions of the own apparatus of the Labour Inspection and of the territorial labour inspectorates, as well as the distribution of the number of posts to the territorial labour inspectorates shall be approved by order of Minister of Labour, Family and Social Protection + Article 14 The salary rights of the staff assigned to the Labour Inspection and to the territorial labour inspectorates shall be granted as follows: a) for Labour Inspection, according to the legal provisions applicable to the own apparatus of the Ministry of Labour, Family and Social Protection; b) for territorial labor inspectorates, according to the legal provisions applicable to the devolved public services of ministries. + Article 15 (1) The Labour Inspection shall draw up and publish annually a report on its activity, in compliance with the provisions of Convention of the International Labour Organization no. 81/1947 on labour inspection in industry and trade, ratified by Decree of the State Council no. 284/1973 . (2) The report provided in par. (1) shall be forwarded to the Minister of Labour, Family and Social Protection and the International Labour Organization + Chapter IV Labour inspector + Article 16 (1) Labour inspectors shall be civil servants, within the framework of specific public functions with special status. (2) The status of the labour inspector shall be regulated by law. (3) Labour inspectors shall have stability in office and independence from any government change and non-foreseen outside influence. (4) The function of inspector of work may be occupied by persons with bachelor's degree graduated with a diploma, namely long-term higher education graduates with a bachelor's degree or equivalent in the fundamental fields: sciences engineering, agricultural and forestry sciences, legal sciences, economic sciences or in specializations: sociology, psychology, medicine, public administration and political science. + Article 17 The recruitment and appointment of labour inspectors shall be made according to the legislation in the field of public office. + Article 18 Labour inspectors shall be obliged to: a) have no interest, directly or indirectly, of whatever nature it may be, in the entities that are subject to their control; b) not to disclose the manufacturing secrets and, in general, the operating procedures, which they could become aware of in the exercise of their functions, both during the existence of the service relations and for 2 years after the date of their termination; c) to maintain confidentiality on the identity of the person who signals non-compliance with the legal provisions in the field regulated by this law and not to disclose to the employer, his prepuses or other persons that he following a referral. + Article 19 Labor inspectors, carrying on them the badge and badge attesting the function they perform in the exercise of their duties established by law, have the following rights: a) to have free access, permanently and without prior notice in the premises of any employer and in any other workplace organized by natural or legal persons; b) identify, on the basis of documents proving the identity or on the basis of other documents, persons in workplaces or other places subject to control or research of events and to impose the completion of the identification sheet; c) to ask the employer or its legal representative, as well as the employees, alone or in the presence of witnesses, the documents and the information necessary to carry out his control for the conduct of the events d) be made available by the controlled entity to the children on the documents related to the control carried out or to the research of the event; e) take written statements, alone or in the presence of witnesses, employees, employers and/or, as the case may be, their legal representatives, as well as other persons who may give information on the subject of the control carried out or the the research event f) to take, in order to carry out analyses in specialized laboratories or for the administration of samples, samples of products, materials or substances manufactured, used, stored, handled and to notify the holder or employer about this; g) to order the employer to carry out measurements, determinations and surveys for the prevention of some events or to establish the causes of the events produced, as well as the verification, by competent bodies, of the classification of the noxes professional within allowable limits to workplaces; h) to take the necessary samples of the products for which market surveillance is carried out, and if they deem it necessary, to dispose of the destruction or removal of products which pose a serious risk; i) to order the employer measures, in order to remedy in a determined time the non-conformities found; j) order the prohibition, restriction, withdrawal of a product from the market or its recall, specifying the reasons for this decision; k) order to stop the activity or stop the work equipment from operation, if it finds a serious and imminent state of danger of injury or professional illness, and to notify, as the case may be, the prosecution bodies; l) order the suspension or withdrawal of the operating authorization; m) to apply distinctive signs with a seal value, under the conditions provided by law, by virtue of the state authority with which it is invested, during and in connection with the performance of duties; n) to notify the prosecution bodies about the cases or situations of violation of the legal provisions in the field, when there are indications of committing a crime; o) to find contraventions and to apply sanctions provided by the legislation in force; p) to request and receive unconditionally support from authorities and institutions of public order and protection, as the case may be, in carrying out the control. + Article 20 (1) The findings resulting from the controls and the research of the events, the measures, as well as the sanctions ordered by the labor inspectors are recorded by them in the minutes, the model of which is approved by decision of the inspector general of stat. (2) Appeals made against acts of an administrative nature concluded by labor inspectors shall be settled according to the provisions of Law of Administrative Litigation no. 554/2004 , with subsequent amendments and completions. (3) The complaints made against the minutes of finding and sanctioning the contraventions concluded by the labor inspectors are solved according to the provisions Government Ordinance no. 2/2001 on the legal regime of contraventions, approved with amendments and additions by Law no. 180/2002 , with subsequent amendments and completions. + Article 21 The controlled natural or legal persons have the obligation to provide the labor inspectors with the documents and information requested by them, necessary for the control or research of the event. + Article 22 Labor inspectors can carry out their control activity throughout the country, regardless of the workplace in which they operate routinely, based on the decision issued by the state inspector general. + Chapter V Sanctions + Article 23 (1) It constitutes contraventions and is sanctioned with a fine of 5,000 lei to 10,000 lei: a) preventing in any way the labor inspectors from exercising, in whole or in part, the control or carrying out the research of events according to the legal provisions by any action or inaction of the head of the unit, of the legal representative, of an employee, pre-placed or other person in the locations subject to control, including the refusal of the person found at work to complete the identification sheet or to give information about the investigated event; b) non-performance or partial performance by the controlled entity of the measures ordered by the labor inspector, at the deadlines set by him; c) non-compliance by the head of the establishment, its legal representative, employees, preposed or other persons in the locations subject to control of the obligation to make available to the labor inspectors, within the deadline set by them, documents and information requested, necessary for the control or research of events (2) Finding and sanctioning the contraventions provided in par. (1) shall be made by labour inspectors. + Article 24 (1) The offender may pay on the spot or within no more than 48 hours from the date of conclusion of the minutes or, as the case may be, from the date of its communication half of the minimum fine provided for in art. 23 23 para. ((1), the inspector of work making mention of this possibility in the minutes. (2) Contraventions provided in art. 23 23 para. (1) their provisions are applicable Government Ordinance no. 2/2001 , approved with amendments and additions by Law no. 180/2002 , with subsequent amendments and completions. + Article 25 Labor inspectors are competent to find and sanction all facts that, according to the law, constitute contraventions and for which it is stipulated that the ascertaining agent is part of the staff of the Ministry of Labour, Family and Social Protection, of the labour and social protection departments *) and of the territorial labour inspectorates. Note
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* *) See art. 1 1 and art. 23 of Government Emergency Ordinance no. 113/2011 on the organization and functioning of the National Agency for Payments and Social Inspection, published in the Official Gazette of Romania, Part I, no. 921 921 of 23 December 2011.
---------- + Article 26 In the case of repeated committing by employers of serious deviations from the provisions of labor law or from the norms of safety and health at work, the Labour Inspection may ask for the removal of the legal person from the trade register. + Chapter VI Final provisions + Article 27 (1) The Labour Inspection takes over into administration from the Ministry of Labour, Family and Social Protection, on the basis of protocol, the related buildings and land, as well as all other goods necessary for specific activities. (2) For the development of own activities central or local public authorities will assign to the Labour Inspection, as a priority, under the conditions provided by law, land, buildings and spaces. + Article 28 Staff taken over by the Labour Inspection from the Ministry of Labour, Family and Social Protection consider themselves transferred in the interest of the service. + Article 29 This law shall enter into force 90 days from the date of its publication in the Official Gazette of Romania, Part I. * *) Note
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**) The present law was published in the Official Gazette of Romania, Part I, no. 283 283 of 21 June 1999.
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NOTE:
We reproduce below the provisions art. II-IV of Law no. 51/2012 amending and supplementing Law no. 108/1999 for the establishment and organization of the Labour Inspection, which are not incorporated in the republished text of Law no. 108/1999 and which continue to apply as own provisions of the amending act:
"" Article II. -Within 60 days from the date of entry into force of this law, the Government will submit to Parliament the draft law on the Statute of the Labour Inspector, according to art. 16 16 para. ((2) of Law no. 108/1999 for the establishment and organization of the Labour Inspection, republished, as amended and supplemented by this Law.
Article III. -(1) Within 60 days from the date of entry into force of this Law, the Ministry of Labour, Family and Social Protection will develop the Regulation on the organization and functioning of the Labour Inspection, which is approved by Government decision. (2) Within the period provided in par. (1), the Labour Inspection will develop the Regulation of organization and functioning of the own apparatus of the Labour Inspection and the regulation of organization and functioning of the territorial labor inspectorate, which is approved by order of the Minister of Labour, family and social protection. (3) Until the date of entry into force of the regulations provided in par. (1) and (2) remain applicable to the regulations regarding the organization and functioning of the Labour Inspection, respectively of the territorial labor inspectorates, in so far as they do not contravene the provisions of this law.
Article IV. -On the date of entry into force of this Law, the following a) art. 39 39 para. (3) of the Law on Safety and Health at Work no. 319/2006 , published in the Official Gazette of Romania, Part I, no. 646 646 of 26 July 2006; b) art. 62 62 para. ((3) and (4) of Law no. 346/2002 on insurance for accidents at work and occupational diseases, republished in the Official Gazette of Romania, Part I, no. 772 of 12 November 2009, as amended. ';
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