How to prepare for a labour inspection in Romania

What you need to know

Preparing for a labour inspection in Romania by the Territorial Labour Inspectorate (ITM) is essential for any employer. It ensures compliance with the Romanian labour legislation and can prevent contraventional sanctions.

Labour inspectors in Romania play a vital role in maintaining a safe, fair, and legally compliant work environment. Through their inspections, they ensure the respect of employee rights, the prevention of work risks, and the promotion of equal opportunities.

Employers must be aware of the types of inspections they may expect and prepare their documentation and internal practices to comply with legal requirements. This not only avoids sanctions but also contributes to creating a healthy and productive work environment.

Competences of labour inspectors in Romania

Labour inspectors have the competence to verify, among others, the following:

• whether employers comply with the obligation to conclude individual employment contracts for all employees. They can verify the existence of the contracts, the accuracy of the entered data, and whether they are signed by both parties.
• whether employers comply with the obligation to register and report employment contracts in the electronic Revisal system. They ensure that all contractual changes are updated within the legal term.
• compliance with legal provisions regarding working hours, overtime, breaks, and leaves. They check attendance records and work schedules.
• whether employers have conducted risk assessments for the health and safety of workers and implemented the necessary measures to prevent work accidents and occupational diseases.
• whether employers provide the necessary protective equipment and whether it is properly used by employees, where applicable.
• whether employees have been properly trained in health and safety at work and whether the training is documented and updated periodically.
• in case of a work accident, labour inspectors are responsible for investigating the circumstances and causes. They draw up detailed reports and can recommend measures to prevent similar incidents in the future.
• whether employers implement the necessary corrective measures to prevent the recurrence of work accidents.
• workplace discrimination complaints. They ensure that employers respect the principles of equal opportunities and treatment in recruitment, remuneration, promotion, and other aspects of employment relations.
• respect for the legal rights of employees, such as the right to salary, leave, and safe and healthy working conditions.
• whether employers use undeclared work (cash in hand wage) and take measures to combat this illegal practice.
• working conditions, including the work environment, hygiene, and employee comfort.
• whether employers offer professional training programs to employees and whether these are adequate and comply with the requirements of the occupied positions.
• whether employees have obtained the necessary certifications and attestations to carry out their work safely and in compliance with legal regulations.

Labour inspectors provide advice and information to employers and employees regarding labour legislation. They can organize information and training sessions to help parties understand and comply with legal regulations.

Inspectors promote good practices in labour relations and occupational health and safety, encouraging employers to adopt proactive measures to improve working conditions.

In case of violations of labour legislation, labour inspectors have the competence to apply sanctions. The purpose of sanctions is to discourage non-compliant behaviors and ensure legal compliance. The inspectors draw up reports of violations and may order measures to remedy non-compliant situations.

In this regard, employers must cooperate with labour inspectors and ensure that they comply with all legal obligations to avoid sanctions and create a positive and legally compliant work environment.

How to prepare effectively for a labour inspection in Romania by the Territorial Labour Inspectorate (ITM)

• First and foremost, make sure you are up to date with Romanian labour legislation, including the Labour Code and other relevant regulations. In this regard, periodically update your knowledge and consult with a labour law specialist if you consider it necessary.
• Check all individual employment contracts to ensure they are correctly drawn up and signed by both parties. Individual employment contracts must contain all mandatory information according to the legislation, such as the probation period, salary, and others.
• Ensure that all employees have undergone medical examinations before the start date of their activity and during the individual employment contract.
• Each employee must have a complete file that includes, among others, the individual employment contract, job description, additional documents, copies of identification documents, certifications, documents regarding occupational health and safety, aptitude sheets, and other relevant documents. Maintaining a complete and updated file not only respects legal requirements, but also contributes to managerial efficiency and the protection of employees rights.
• Ensure you have all payroll statements updated and correct along with D112/D100 declarations and supporting documents regarding salary payments.
• Draw up and update the electronic system of employee records (REVISAL) in a correct and complete manner according to the applicable legislation. If applicable, ensure that there is written notification to the territorial labour inspectorate, within whose territorial area they have their registered office/domicile, about the conclusion of the service contracts provided, as well as the identification data of the provider, within 3 working days from the date of concluding the service contract.
• Ensure you have an efficient timekeeping system and that all hours worked, including overtime and leave, are correctly recorded and documented. Don’t forget to record the hours worked daily by each employee, highlighting the start and end hours of the work schedule.
• Draw up, review, and update the company’s internal regulations, occupational health and safety policies, and other relevant internal procedures. These documents should be available and known to all employees.
• Ensure that all employees are periodically trained in occupational health and safety. Make sure you have all records of such trainings and that employees are provided with the necessary equipment to protect themselves, where appropriate. Conduct a risk assessment for all workplaces and implement the necessary measures to reduce these risks.
• Ensure you prepare the necessary documentation regarding maternity protection at the workplace for the company’s female employees according to legal requirements (occupational health report, notification to the ITM within 10 days of the employee informing about the pregnancy).
• Ensure you have initiated collective bargaining to conclude a collective labour contract if applicable.
• Comply with legal provisions regarding the organization of the health and safety committee if you have at least 50 employees.
• Respect the fundamental principles of equal treatment among employees and ensure you have implemented policies to combat discrimination and harassment at the workplace.
• Implement a system where employees can file complaints or grievances safely and confidentially.
• Conduct regular internal audits to identify and remedy any non-compliances. These audits will help you be prepared for a possible ITM inspection.
• Consult with a labour law specialist to ensure that all your procedures and policies comply with current legislation.
• Maintain open and transparent communication with your employees. Make sure they are informed about their rights and obligations and have access to all relevant documents.
• During the inspection, cooperation with ITM inspectors is essential. Provide all requested documents and respond promptly and comprehensively to all their questions.
• If inspectors identify non-compliances, take the necessary measures to remedy them as quickly as possible. Document all actions taken to correct the issues.

How our specialists can help you with preparing effectively for a labour inspection in Romania

In conclusion, preparing for a labour inspection in Romania by ITM requires a proactive and rigorous approach from employers. By maintaining complete and organized documentation, ensuring compliance with labour legislation, and implementing clear policies and procedures, you can avoid sanctions and protect your business.

Proper preparation not only helps you successfully pass a labour inspection in Romania, but also contributes to creating a safer and more efficient work environment for your employees.

Do not hesitate to contact our Romanian specialists who, based on their many years of experience, will help you effectively prepare for a possible labour inspection.