An unannounced inspection by ITM inspectors can present a significant challenge for many companies. The solution to avoid being caught off guard by labor inspectors is to have all the necessary documents ready at all times, especially since, starting this summer, documents can be requested electronically before the inspectors arrive on-site.

The Role of the Territorial Labor Inspectorate

The Labor Inspection functions as a state authority, ensuring control in the areas of labor relations, occupational safety and health, and market supervision.

The primary goal of the Labor Inspection’s control activity is to ensure compliance with and prevent violations of legal provisions related to labor relations, occupational safety and health, and the protection of employees working under special conditions.

Regarding labor relations, ITM inspections can be of three types:

I. Comprehensive Inspections

These aim to verify how employers apply labor legislation and to provide a comprehensive analysis of labor relations activities to identify and eliminate deficiencies regarding legal compliance.

II. Thematic Inspections

These cover a limited number of areas regulated by labor legislation and are conducted over a short period, providing a partial but conclusive overview of the employer’s organization and activities concerning the inspection’s focus area.

III. Campaign Inspections

These involve unannounced checks on one or a limited number of aspects regulated by labor legislation and are carried out in specific sectors or geographical areas, either nationally or regionally.

Following these inspections, ITM inspectors complete the control activity with either control reports or violation and sanction reports.

Control Reports document findings regarding non-compliance with legal provisions and mandate that employers address the identified deficiencies within a specified time frame, imposing mandatory measures with concrete deadlines. These reports become official documents from the date they are completed, obligating the employer to comply with the prescribed measures and inform the Territorial Labor Inspectorate in writing about how these measures have been implemented.

Violation and Sanction Reportsapply penalties for acts that violate labor legislation, as specified by law.

Required Documents for ITM Labor Relations Inspections

To avoid being caught off guard by ITM inspections, ensure that the following documents are readily available and in order:

1. Unique Control Register
2. Employer’s Constitutive Documents:
– Company’s constitutive act
– Registration certificate from the Trade Register
– Court decision for establishment
– Tax code
– Operating authorization
– Additional modification and completion documents
– Notarial power of attorney for the employer’s representative

3. General Register of Employees:
– Signed salary payment documents
– Collective employee attendance sheets
– Justifying documents for various types of leave (vacation, medical, childcare, unpaid, study, overtime)
– Documents proving the existence of an employment relationship: invoices, delivery notes, cash registers, logbooks, etc.
– Handover-receipt registers for security companies
– Payment standards for companies using pay-for-performance systems
– Proof of submission of the electronic general register of employees to ITM
– Appointment decision for the person managing the general register of employees (ReviSal) or the contract with an authorized service provider, with ITM notification
– Vacation planning

4. Employee Personnel Files:
– Proof of compliance with the obligation to inform employees as per Article 17 of the Labor Code
– Employment application
– Curriculum vitae
– Civil status documents
– Education and qualification documents
– Aptitude certificate
– Individual employment contract including salary and its components as per the law, amendments, and other documents related to the execution, modification, suspension, and termination of employment contracts
– Medical certificate
– Job description
– Disciplinary action documents
– Work permit (for foreign employees)
– Criminal record certificate (if applicable)

5. Collective Labor Agreement (if applicable)
6. Internal Regulations
7. For employers whose primary activity is labor recruitment and placement abroad:
– Constitutive act showing the activity according to Article 5 of Law No. 156/2000, amended and supplemented
– Contracts with firm job offers from foreign legal entities, individuals, and employers’ organizations
– Evidence of mediation conditions and methods: space, equipment, and staffing details
– Organized database with job offers and requests, including conditions and qualifications
– Proof of registration with the Territorial Labor Inspectorate
– Documents for Romanian citizens sent to work abroad: identification, passport, terminated employment in Romania, qualification documents, health certificate, mediation contract, individual employment contract in Romanian, criminal record certificate

8. Other documents necessary for labor relations inspections

It is crucial to note that ITM inspectors can request documents in electronic format before on-site inspections, following the enactment of Law 208/2021. This change followed the decision to allow the signing of employment documents electronically. However, once documents have been requested in electronic format, inspectors cannot demand printed versions of the same documents during inspections.