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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Law No. 108 of 16 June 1999 (republished * *) (* updated *) for the establishment and organization of labour inspection (updated until 17 December 2014 *)-PARLIAMENT ISSUING — — — — —-*) Republished pursuant to art. V of law No. 51/2012 concerning the modification and completion of the law #. 108/1999 for the establishment and organization of labour inspection, as published in the Official Gazette of Romania, part I, no. 182 of 21 March 2012, by giving it a new texts.
Law No. 108/1999 has been republished in the Official Gazette of Romania, part I, no. 740 of 10 October 2002.


Chapter I General provisions Article 1 (1) the labour inspectorate shall be established, specialized body of the central public administration, subordinated to the Ministry of labour, family and social protection, based in Bucharest.
  

(2) the labour inspectorate shall have legal personality and shall be financed entirely from the State budget through the budget of the Ministry of labour, family and social protection.
  

(3) the Labour Inspectorate performs the function of State authority, through which provide control in the areas of labour relations, occupational health and safety and market surveillance.
  

(4) the Labour Inspectorate acts in order to ensure the social protection of labour, based on the provisions of art. 41 of the Constitution of Romania, republished, and, respectively, the provisions of International Labour Organization Convention No. 81/1947 concerning labour inspection in industry and commerce, which has been ratified by the State Council Decree No. 284/1973 and the Convention of the International Labour Organization No. 129/1969 on labour inspection in agriculture, ratified by the Decree of the State Council No. 83/75.
  


Article 2 the Labour Inspectorate has subordinated territorial inspectorates in the workplace, institutions with legal personality, which is organized in every county and in Bucharest.


Article 3 the Labour Inspectorate through the Ministry of labour, family and social protection, the Government may propose the establishment under the conditions laid down in the rules of organization and functioning of units with legal personality through which to ensure the preparation or improvement of preparation for its staff, as well as making some peculiarity-related benefits.


Article 4 the organisation and functioning of labour inspection shall be regulated by the rules of organization and operation, approved by Decree of the Cabinet of Ministers *), at the initiative of the Ministry of labour, family and social protection, in compliance with the provisions of the present law, hereinafter Regulation.

Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ *) see Judgment No. 1,377/2009 approving the regulations governing the Organization and functioning of labour inspection, as well as to establish organizational measures, published in the Official Gazette of Romania, part I, no. 802 November 25, 2009, as amended and supplemented.

─ ─ ─ ─ ─ ─ ─ ─ ─ ─ Chapter II article 5 powers of labour inspection labour inspection performs the following functions: a) State authority to ensure the exercise of monitoring compliance with the legal provisions in its fields of competence;
  

b) communication, ensuring the exchange of information with the authorities of Central and local public administration, as well as natural and legal persons subject to inspection work, inform them and citizens on how they respect and apply the provisions of the legislation in the areas of competence;
  

c) representation, ensuring, on behalf of the Romanian Government and the Romanian Government, representation of internally and externally in its areas of competence;
  

d) training, which is achieved through training and further training of its staff, in accordance with the law;
  

e) cooperation, ensuring the pursuit of collective action, domestically and internationally, in the fields of competence;
  

f) Administration, to ensure the management of the assets in the public domain, i.e. private State or, as the case may be, of the administrative-territorial units of the administration or the use, of the funds allocated for the purpose of functioning according to the law, and organizing and managing the information systems necessary for their own activities.
  


Article 6 (1) the labour inspectorate shall have the following powers: to verify the application of the legal provisions), General and special meetings in the areas of labour relations, occupational health and safety and market surveillance;
  

b) providing information to employers and employees with regard to the means of implementing legal provisions in the areas of competence;
  

c informing competent authorities) about the shortcomings or abuses connected with the application of the laws in force;
  

d) provision of services specific to its activity;
  

e) initiating proposals for improving the legal framework in the areas of its activity, which it shall submit to the Ministry of labour, family and social protection.
  

(2) the labour inspectorate shall have the following specific duties: a. labor relations: a) monitoring compliance with the legal regulations, General and special, with regard to the conclusion, execution, amendment, suspension and termination of individual contracts of employment;
  

b establishment and granting) check proper rights of employees arising from law, collective contract and labour applicable to the individual employment contracts;
  

c) monitoring compliance with measures of compliance with equal opportunities and treatment between women and men;
  

d) provides nationwide track work done on the basis of individual contracts of employment, through the general register record of employees, as well as track over their benefits and beneficiaries;
  

(e) use of force) controls, in order to identify cases of undeclared work;
  

f) receives and transmits in computer system, through the labor inspectorates, the data submitted by employers and beneficiaries concerning employees and the laborers;
  

g) ensures the registration of collective agreements at the level of units and verify the provisions thereof, in accordance with the procedure approved by the State inspector general, and reconcile labor disputes triggered at the level of units;
  

B. in the field of safety and health at work and of market supervision: a) controls, co-ordinates and directs the methodological application of the provisions relating to safety and health arising from European and national legislation, conventions of the International Labour Organization;
  

b) investigated the events according to skills, advises research, establishes or confirms the character of accidents, collaborates with institutions involved in respect of the recording and reporting of occupational accidents and occupational diseases;
  

c) supervise the work of training, information and consultation of employees and provides information to improve it;
  

d) authorizes, in terms of safety and health at work operation of natural and legal persons and shall withdraw or may propose withdrawing the authorisation, in accordance with the law;
  

e) examines the work of external services for prevention and protection and proposing, where appropriate, to the Commission, to authorize the external services for prevention and protection and approval of technical documentation, information and training in occupational safety and health inspectorates work territorial withdrawal of empowerment;
  

f) issued opinions and authorization in accordance with the powers established by the applicable normative acts;
  

g) has suspended the activity on or off the equipment out of service, in the event that it finds a State of imminent and serious danger of accident or occupational illness, and, where appropriate, refer the matter to the prosecution;
  

h) has the employer making the measurements, determinations and expertise for the prevention of events or for determining the causes of events, products and checking through the empowered bodies, professional level of classification within allowable harm to their jobs, the costs being borne by the employer;
  

I shall monitor compliance with the legal provisions) concerning the placing on the market of products for carrying out market surveillance actions, according to skills;
  

j) restrict, through legal measures established by legislation in force, trade in products which do not comply with measures for the abolition of neconformităţilor found;
  

k) samples and testing in order to identify the products showing suspected non-compliance;
  

l) collaborates with the Customs authorities and other bodies responsible for the controls at borders for the exchange of information with regard to products presenting a risk in use;
  

m) cooperate with the competent national authorities and within the European Union in all matters of market surveillance, including with regard to the safeguard clause notification in case of non-conforming products.
  

(3) the Labour Inspectorate performs other duties set out in and his responsibility according to the legislation in force.
  

(4) the authorities of Central and local public administration, as well as institutions placed in subordination, coordination or under their authority are required to make available to labour inspection and the territorial inspectorates work, at their request, information and documents necessary, operatively and free, for duties established by law.
  


Article 7


(1) the Labour Inspectorate is able to provide services and to provide data/information, for a fee, in accordance with the law.
  

(2) the counter-value shall be borne by the beneficiaries and shall constitute revenue of the State budget.
  

(3) for Services which are subject to tariffs, and the amount thereof shall be determined by order of the Minister of labour, family and social protection.
  


Article 8 in accomplishing its functions, the labour inspectorate shall cooperate nationally and internationally-based protocols, agreements and memorandums with similar institutions, with inspections in other areas, public or private institutions, with organizations of employers and workers and with any other organisations which are constituted and operate according to the law.


Article 9 Repealed.
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Art. 9 c was repealed. d) art. 23 of the EMERGENCY ORDINANCE nr. 86 of 17 December 2014, published in MONITORUL OFICIAL nr. 920 of 17 December 2014.


Chapter III the organisation of labour inspection in article 10 (1) the Labour Inspectorate is headed by an inspector general.
  

(2) in exercising the functions of leadership, the inspector general of State responsible for State inspectors generals 2 deputies.
  

(3) the State inspector general and Deputy Inspectors General of State are appointed by order of the Minister of labour, family and social protection, in accordance with the law.
  

(4) the functions of the inspector general and deputy inspector-general of State are driving specific public functions, assimilated in terms of wage rights respectively with the Director-general Deputy Director-general within the Ministry.
  

(5) the inspector general and Deputy Inspectors General of State have quality inspector and can exercise control activities throughout the country.
  

(6) the State inspector general is the originator of secondary loans.
  

(7) in the exercise of his powers, State inspector general shall issue decisions and approves methodologies, procedures and instructions in the fields of labour inspection.
  

(8) the powers of the State inspector general and the General Deputy State inspectors are set by regulation.
  

(9) in the labour inspection is constituted Advisory Council, Tripartite social dialogue, composed of representatives of the institution's designated, trade union confederations and employers ' ai representative at national level.
  

(10) the Organization and powers of the Tripartite Advisory Council shall be determined by the rules of organization and functioning of the apparatus of labour inspection, approved by order of the Minister of labour, family and social protection, on the proposal of the labour inspection.
  


Article 11 (1) labor inspectorates are headed by a chief inspector, appointed by order of the Minister of labour, family and social protection, in accordance with the law.
  

(2) the Chief Inspector is the originator of the third.
  

(3) in exercising the functions of leadership, Chief Inspector has 2 inspectors responsible for deputy heads, appointed by order of the Minister of labour, family and social protection, in accordance with the law.
  

(4) the Chief Inspector and inspectors-deputy heads have quality inspector and can exercise their control activities.
  

(5) the functions of the chief inspector and Deputy chief inspector are driving specific public offices, assimilated in terms of wage rights with the Executive Director and Deputy Chief Executive from within the decentralized public services of ministries.
  

(6) in the territorial inspectorates work is constituted by a tripartite Advisory Council, with a role of social dialogue, composed of representatives of the institution and of the designated unions and employer representative at national level.
  

(7) the Organization and powers of the Tripartite Advisory Council shall be determined by the rules of organization and functioning of local labour inspectorate, approved by order of the Minister of labour, family and social protection, on the proposal of the labour inspection.
  


Article 12 (1) of the labour inspection Staff and the territorial labour inspectorates is composed of civil servants and contractual staff.
  

(2) in the performance of job duties, work inspectors shall carry out the duties of the State authority.
  

(3) the labour inspectorate shall ensure participation of its staff and of the territorial inspectorates work programmes of professional training, industry specific, approved annually by a decision of the inspector-general of the State.
  

(4) public functions of all divisions/services/offices involved in the control and record of employment relations are functions of the driving public.
  

(5) civil servants driving you directions/services/offices involved in the control and record of employment relationship have quality inspector job.
  

(6) work Inspectors, other categories of civil servants, as well as contract staff within the labour inspection and the territorial labour inspectorates shall enjoy special protection against threats, violence or any acts that endanger them them, families and/or their belongings, and the reimbursement of any expenses for damage sustained in the performance of duties.
  

(7) Special Measures of protection, as well as the conditions and methods of achieving them, shall be determined by order of the Minister of labour, family and social protection. For the rules applicable to public service employees shall obtain the opinion of the national agency of civil servants.
  

(8) the labour inspection Staff and the territorial labour inspectorates is receiving financial support from the institution, through the payment of the amounts needed to ensure legal assistance, within the conditions laid down by order of the Minister of labour, family and social protection, in cases where the acts and deeds of the met during his duties, within the limits and in compliance with legal provisions, are subject to judicial proceedings.
  


Article 13 (1) the maximum number of posts for the device of the labour inspection and the territorial labour inspectorates shall be determined by regulation.
  

(2) the organisational structure and the State of the device functions of labour inspection and the territorial inspectorates, as well as a breakdown of the number of posts at the labor inspectorates are approved by order of the Minister of labour, family and social protection.
  


Article 14 Rights of staff employed in wage labour inspection and the labor inspectorates shall be paid as follows: a) for labour inspection, according to the legal provisions applicable to the apparatus of the Ministry of labour, family and social protection;
  

b) labor inspectorates under the provisions of law applying to decentralized public services of ministries.
  


Article 15 (1) the labour inspectorate shall draw up and publish an annual report on its work, with due regard for the provisions of International Labour Organization Convention No. 81/1947 concerning labour inspection in industry and commerce, which has been ratified by the State Council Decree No. 284/1973.
  

(2) the report referred to in paragraph 1. (1) shall be submitted to the Minister of labour, family and social welfare and the international labor organization.
  


Chapter IV Labour Inspector article 16 (1) Inspectors are civil servants, as part of specific public functions with special status.
  

(2) the statutes of the labour inspector will be regulated by law.
  

(3) Inspectors work enjoys stability and independence from any Government change and unforeseen influence from outside.
  

(4) the Office of inspector of employment can be occupied by individuals having completed undergraduate studies with a higher education diploma, i.e. lengthy graduated with Bachelor's degree or equivalent in fundamental areas: Engineering Sciences, agricultural and forestry Sciences, legal sciences, economics or in majors: Sociology, psychology, medicine, public administration and political science.
  


Article 17 Recruitment and appointment of senior labour inspectors are made according to legislation in the field of public service.


Article 18 of the Labour Inspectors are required: a) does not have any interest, direct or indirect, of any kind would be the entities that are covered by their control;
  

b) not to disclose secrets of manufacturing and, in general, the operating procedures, which could take their knowledge in the exercise of their duties, both during the existence of service, and for two years after the date of termination thereof;
  

c) maintain confidentiality of the identity of the person who signals failure of legal provisions in the field covered by the present law and to not disclose his employer, prepuşilor or other persons that carry out audits as a result of complaints.
  


Article 19 Labor Inspectors, bearing on their ticket and badge certifying a function on meet the duties stipulated by law shall have the following rights: a) to access freely, and without prior notice in any employer and any other place of work organized by natural or legal persons;
  

b) to identify, on the basis of documents proving identity or other documents, persons in employment or in other places under scrutiny or research events and impose completing identification;
  


c) require the employer or legal representative, as well as employees, alone or in the presence of witnesses, documents and information necessary for the accomplishment of the control or to perform research events;
  

d) provided by the controlled entity copies of documents relating to the control or research;
  

e) take statements by, alone or in the presence of witnesses, the employees, the employers and/or, where appropriate, legal representatives and other persons who can give information about the object or control of well-researched event;
  

f) take, in order to carry out analyses in laboratories or for administering of samples, samples of products, material or substances produced, used, stored, handled and to notify the owner or employer about this;
  

g) dispose of the employer making the measurements, determinations and expertise for the prevention of events or for determining the causes of events, products and checking through the empowered bodies, professional level of classification within allowable harm to their jobs;
  

h) take the necessary samples of products for carrying out actions of market surveillance, and where it considers it necessary, to order the destruction or removal from use of products posing a serious risk;
  

I) to order the employer to remedy measures, in a time of neconformităţilor found;
  

j) to order the ban, restriction of withdrawal of a product from the market or recall it, with an indication of the underlying reasons for that decision;
  

k) to order the cessation of business or shut down the equipment, if it finds a serious and imminent danger of injury times of sickness, and, where appropriate, refer the matter to the prosecution;
  

l) to order the suspension or withdrawal of authorisation;
  

m) to apply the distinguishing signs of the seal, as provided by law, by virtue of the authority vested with the State during and in connection with the performance of job duties;
  

n) to bring proceedings in the prosecution of cases or in situations of violation of the legal provisions on the matter, when there are indications of committing the crime;
  

an offence and ascertain) to apply the penalties provided for by the legislation in force;
  

p) to request and receive unconditional support from the authorities and institutions of public policy and, where appropriate, in the conduct of supervision.
  


Article 20 (1) the findings resulting from the checks and research events, measures and also the penalties provided for inspectors are recorded in minutes, an example of which is approved by a decision of the inspector-general of the State.
  

(2) Appeals against administrative acts of inspectors are settled according to the provisions of the law on administrative courts no. 554/2004, as amended and supplemented.
  

(3) Appeals against the protocols of finding and sanctioning violations of workplace inspectors are settled according to the provisions of Ordinance No. 2/2001 on the legal regime of contraventions, approved with amendments and completions by law No. 180/2002, as amended and supplemented.
  


Article 21 natural persons or legal entities controlled have an obligation to make available to the labour inspectors documents and information required by them, as is necessary for control of times research event.


Article 22 of the Labour Inspectors carry out their control across the country, regardless of the place in which it operates, in accordance with a decision issued by the State inspector general.


Chapter V Penalties Article 23 (1) shall constitute offences and sanctions with fine from 5,000 to 10,000 lei lei: a) to prevent in any way the labour inspectors to exercise, in whole or in part, or to carry out research into the control of events according to the legal provisions by any action or inaction of the driver unit, legal representative, an employee, servant or other person placed in locations subject to control including the refusal of the person found in the workplace to complete identification card or give information about the event being investigated;
  

(b) non-compliance or partial) fulfillment by the controlled body of measures ordered by the labour inspector, the deadlines laid down by him;
  

c) failure by the leader of the unit, its legal representative, employees, prepuşi or other persons in locations subject to control of the obligation to make available to the labour inspectors, within the time limit set by them, the documents and information required, necessary control times research events.
  

(2) Finding and sanctioning of offences referred to in paragraph 1. (1) are carried out by inspectors.
  


Article 24 (1) the Offender may pay on the spot or within a maximum period of 48 hours from the date of conclusion of the times report, if applicable, from the date of its communication to the one-half of the minimum fine provided for in article 10. 23 para. (1) the Inspector job making mention of this possibility in the minutes.
  

(2) the Offences referred to in articles. 23 para. (1) apply to them the provisions of Ordinance No. 2/2001, approved with amendments and completions by law No. 180/2002, as amended and supplemented.
  


Article 25 Inspectors are competent to check and sanction all acts foreseen by the law constitute offences in respect of which the claim agent is part of the staff of the Ministry of labour, family and social protection, of the guidelines for employment and social protection) and the territorial labour inspectorates.

Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ *) see art. 1 and art. 23 of the Government Emergency Ordinance nr. 113/2011 on organisation and functioning of the National Agency for Social payments and Inspection, published in the Official Gazette of Romania, part I, no. 921 of 23 December 2011.

─ ─ ─ ─ ─ ─ ─ ─ ─ ─ Article 26 in the event of repeated offences by employers of some serious deviations from the provisions of labour legislation or the rules for safety and health at work, the labour inspectorate may request termination of the legal person from the register of Commerce.


Chapter VI final provisions article 27 (1) the labour inspectorate takes over the administration of the Ministry of labour, family and social protection, protocol, and related buildings, as well as all other goods necessary for specific activities.
  

(2) to develop their own activities central or local public authorities will assign priority, labour inspection, as provided by law, land, buildings and spaces.
  


Article 28 Staff seized by the Labour Inspectorate of the Ministry of labour, family and social protection is considered to be transferred in the interests of the service.


Article 29 this law shall enter into force 90 days after its publication in the Official Gazette of Romania, part I. *) Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ *) this law was published in the Official Gazette of Romania, part I, no. 283 of 21 June 1999.

─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ Note ─ ─ ─ ─ ─ ─ ─ ─ Please note: we reproduce below the provisions of art. II-IV of law No. 51/2012 concerning the modification and completion of the law #. 108/1999 for the establishment and organization of labour inspection, which are not incorporated in the consolidated text of the law No. 108/1999 and applicable in that provisions of the Act: "modifier Article. -Within 60 days after the date of entry into force of this law, the Government will submit to Parliament to adopt the Bill on the status of labour inspector, under art. 391. (2) of law No. 108/1999 for the establishment and organization of labour inspection, republished, as amended and supplemented by this law.

Article III. (1) within 60 days after the date of entry into force of this law, the Ministry of labour, family and social protection will develop rules of organization and functioning of labour inspection, which shall be approved by decision of the Government.

(2) within the period referred to in paragraph 1. (1) the labour inspectorate shall develop its own rules of organization and functioning of the apparatus of labour inspection and the rules of organization and functioning of local labour inspectorate, which shall be approved by order of the Minister of labour, family and social protection.
  

(3) pending the entry into force of the regulations referred to in paragraph 1. (1) and (2) shall remain applicable regulations governing the Organization and operation of labour inspection, and the territorial inspectorates work, insofar as they do not contravene the provisions of this law.
  

Article IV. -On the date of entry into force of this law shall be repealed: a) art. 39 in paragraph 1. (3) of the law on safety and health at work no. 319/2006, published in the Official Gazette of Romania, part I, no. 646 of 26 July 2006;
  

b) art. 62 para. (3) and (4) of law No. 346/2002 on insurance against accidents at work and occupational diseases, republished in the Official Gazette of Romania, part I, no. 772 of 12 November 2009, with subsequent amendments. "
  

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