The control activities carried out by the Labour Inspectorates (ITM) are a fundamental pillar in ensuring compliance with labor and social security laws. In a complex and continuously evolving legislative framework, ITMs are responsible for monitoring and verifying adherence to regulations concerning working conditions, labor relations, and workplace safety.
Inspections can be comprehensive, thematic, or campaign-based. Comprehensive inspections aim to verify employers’ compliance with labor legislation and conduct a general analysis of activities in the field of labor relations to identify and eliminate observed deficiencies.
Thematic inspections focus on a limited number of areas regulated by labor law and are conducted over a short period, providing a partial but relevant picture of how an employer organizes and conducts their activities within the specific theme of the inspection.
Campaign-based inspections involve unannounced checks on one or a few aspects regulated by labor law and are carried out in specific activity areas, either nationally or within specific geographic regions.
Control activities are finalized through control and findings reports, which also impose mandatory measures with concrete deadlines that the employer must fulfill and report back to the territorial labor inspectorate. Findings reports apply sanctions for violations considered contraventions. The implementation of imposed measures is later verified by labor inspectors. Employers may challenge the reports through competent judicial authorities.
Employees have the option to file a complaint with ITM to report various irregularities encountered at their workplace. Complaints can be submitted physically at ITM offices or electronically via email or fax.
To facilitate this process, the Labour Inspectorate provides an electronic form available on its website in the “Petition” section. First, employees must fill in their identification details and profession. Subsequently, the situation must be described concisely within a character limit. Afterward, the institution to which the complaint is addressed must be selected (the Labour Inspectorate, ITM Bucharest, or a local ITM).
The next step involves adding details about the employer. After clicking “Add Complained Company,” a window opens to input the company’s identification information: name, type, unique tax identification code, representative, phone number, principal office address, and workplace address. Once added, the company appears in the initial petition. The final step includes completing the complainant’s details and attaching supporting documents, such as the job description, warnings, or other relevant documents.
Finally, under the provisions of Law No. 108/1999 for the establishment and organization of the Labour Inspectorate, as republished and updated, labor inspectors are required to maintain the confidentiality of the complainant’s identity and not disclose to the employer or its representatives that the inspection is conducted following a complaint.
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Ana Maria Nistor – Attorney at Law
