Procedure and Types of inspection

Labour inspection – jurisdiction and inspection

The Labour Inspectorate carries out inspection in the field of safety and health at work and labor relations over the implementation of the Labour Law, the Law on Safety and Health at Work, the Law on Protection of Population from Exposure to Tobacco Smoke, the Law on Prevention of Harassment at Work, the Law on Business Companies (in part which is in relation to safety and health at work), the Law on Strike, the general collective agreement, collective agreements (specific and individual), general acts and the employment contracts which regulating the rights, obligations and responsibilities of employees in organizations, legal entities and other forms of organization, as well as in institutions.

Labour inspection - jurisdiction and inspection

In addition to laws, the labor inspectorate performs supervision and over the application of the other measures and standards of health and safety at work, technical measures related to safety and health at work, standards and generally accepted measures in the part which regulates the issues of safety and health at work.

Authorities and duties of labor inspectors are regulated in several ways, including the authorities and duties of labor inspectors, which are defined by the Law on State Administration, the Labour Law and the Law on Labour Relations in State Bodies.

The labor inspection or labor inspector has the authority to control the conduct of the inspection with the employer:

  • review of general and individual acts, records and other documentation
  • hear and take statements from responsible and interested parties
  • review business premises, buildings and the like.
  • taken in the process application of the citizens, the requirements of employees, other individuals and legal entities
  • ordering by decision the execution of measures and actions in order to eliminate the breaches of law
  • submits application to the competent authority on criminal or economic offense
  • submit a request for initiating of misdemeanor proceedings
  • inform the other authority if there are reasons for the measures for which the authority is competent
  • launches initiative for the suspension of execution, annulment or revocation of a regulation or other general act that is inconsistent with the Constitution or the law
  • in cases of improper termination of employment contract, it shall issue a decision on the postponement of the execution of the made decision on termination of the employment contract, the employee returns to work until the completion of litigation.

When performing the inspection, the labor inspector shall have an official identity card which proving the status of inspector.

Labour inspection and inspection in the field of health and safety at work

Labour Inspectorate supervises both domestic and foreign legal and natural persons which have employees respectivelly which have the status of employer. Supervision of employers relating to the implementation of:

  • Law on Safety and Health at Work
  • sublegal legislation in the area of safety and health at work
  • general, special and individual collective agreements and general acts, which regulating the rights, obligations and responsibilities in the area of safety and health at work
  • general acts which regulating jobs, type and level of qualification required, knowledge and other necessary conditions for employment in these workplaces
  • employment contracts in the part in which shall be regualted the rights and obligations of employees and employers in the field of safety and health at work
  • technical regulations and national standards, in part related to safety and health at work.

Types of inspection

Labour Inspection initiate the procedure of inspection supervision ex officio and at the request of customers.

Supervision ex officio, which runs the labor inspection under the Law on Safety and Health at Work, is when a labor inspector stipulate or find out that, with regard to the existing factual situation it should be to ensure a safe and healthy places for each employee to initiate the procedure of control (administrative procedure).

Supervision ex officio, which starts labor inspection, by its scope can be regular and control supervision with the employer and supervision on the occasion of the events of the death, serious and collective injuries at work.

Labour inspection starts monitoring on the occasion of customers’s requires, on request of the employer, the employee’s request for the intervention of the inspectors, as well as on the occasion of demands for the fulfillment of the prescribed conditions of safety and health at work, in accordance with the Regulations on the procedure for determining fulfillment of conditions in the field of safety and health at work.

Regular monitoring of the employer is a comprehensive control over the implementation of regulations in the field of safety and health at work, technical measures and national standards in part related to safety and health at work.

Control supervision includes:

  • verification of the execution of the decision on elimination of defects which the inspector issued in the previous procedure of control with the employer, and
  • review the implementation of certain regulations or institutes of the Law on Safety and Health at Work with the employer and that to the extent established by the labor inspectorate respectivelly its Head.

The Labour inspectorate may exercise control supervision at the request of the employer, or the employee’s request for intervention of inspectors.

Procedure of the inspection supervision

During the inspection supervision, a labor inspector has the right and duty to take actions, which are control safety and health at work and especially hygiene and working conditions, production, distribution, use and maintenance of funds for the work, means and equipment for personal protection at work, dangerous substances and, second.

Initiation of misdemeanor proceedings

In the event that the employer has not provided the necessary measures of security labor inspector submits a request for initiating of misdemeanor proceedings.

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