Inspection of work is always done on-line through the “e-inspection” portal.
Inspection is carried out at any hour of day and night, with prior notice of:
Inspection upon request of the subject:
- for a permit or employment authorization for minors,
- permission to work out of normal working hours,
- permit to expand and exercise activity (existing businesses and new businesses in the labour market)
- for cases of counseling, information or awareness campaigns
and without prior notice of inspections:
- due to complaint (denunciation by employee, trade union, third party)
- because of accidents at work
- for casual inspection (emergency event, almost accident)
- for inspections of subjects with risk indexes for impaired employment relationships, informality and gray informality, flagrant violation of working conditions.
Inspection always starts with the authorization of the chief inspector except for the inspections:
where the authorization is completed within 24 hours.
Prior to the commencement of an inspection, the labour inspectors are recognized through authorization with the subject where the inspection will be conducted and with the object of control
The standard documentation in which the inspection is documented is:
- Form No. 1 “Authorization”
- Formati Nr. 2 “Proces-Verbal Inspektimi” which may also be:
- Form No. 2/1 “On the Spot Inspection Record” always accompanied by Form No. 4 “Interim Decision” and Form No. 6 “Decision on the solving of special complaint”, in case of appeal of this decision
- Form No. 3 “Special Inspection Record” in case of casual inspection
The case-by-case authorization also contains the following formats:
- Form No. 8 “Request for Rejection of Authorization of Inspectors”
- Form No. 7 “Authorization to change Inspectors”
- Form No. 9 “Request for Postponement of Inspection Authorization”
- Form No. 10 “Decision to Postpone the Inspection Authorization”
When carrying out the inspection to help the process, to document each case come to our help:
As well as depending on the type of inspection (reason for its commencement):
- Form No. 14/1 “Scheduled Inspection Forms”
- Form No. 14/2 “Complaint Inspection Forms”
- Form No. 14/3 “Accident Inspection Forms + Accident Protocol”
- Form No. 14/4 “Thematic Inspection Forms”
- Form No. 14/5 “Casual Inspection Forms”
If the decision taken in an inspection is appealed then the appeal committee is convened, which expresses its decision-making through:
- Inspection, control, counseling of employers and employees on the rights and obligations deriving from labour legislation;
- Identification of deficiencies or legal violations for any inspected workplace:
- Evidence of legal vacuum;
- Completion of documentation that presents and reports findings from inspection, interviews, obtained evidences;
At the conclusion of Inspection the group of inspectors compiles:
Record for the findings made during the inspection.
For the violations and findings contained in this record, the entity may file its written or oral disputes at the State Labour Inspectorate and Social Services within 8 days from the date of notification of this record.
Upon termination of this deadline, it is taken the final decision of inspection,for the performed control and submits a copy to the audited entity within a 5 day deadline.
AgainstFinal Decision, compiled by the group of controlthe entity has the right to appeal for up to 30 days from the date of notification of this decision.
During the inspection process, the labour inspection team, according to legal violations found, has the right to take the measures:
- Urgent measure of “Suspension” partial or all of the inspected subjects, documented with the findings found in the documents, “Inspection Record on the Spot” with the ascertained findings and “Interim Decision” which is notified within 24 hours. Against this measure the interested subject has the right to appeal specifically within 5 days from the date of notification of this interim decision. The special appeal is filed with the Chief Inspector who has authorized the inspection within 5 days. On this “special complaint” the latter is expressed within 6 days.
- Other measures used by the labour inspector are:
- Legal violations with relevant deadlines to be corrected.
At the end of the inspections, the Labour Inspectorate with conclusions and analysis of the inspection indicators as well as with recommendations reports to:
- Minister of the Ministry of Finance and Economy
- Central Inspectorate