The labor inspectors are entitled permanently and without notice to free access in the premises of any employer and any job held by individuals or legal entities, in accordance with Article 19, paragraph a) of Law 108/1999 regarding the organization of Labor Inspection.
The individuals or the legal persons who are the subject of the ITM control are required to provide to the labor inspectors documents and information requested by them, necessary for monitoring or researching the event, in accordance with art. 21 of Law 108/1999 republished.
The fiscal authority has the obligation to notify the employer about the inspection by sending him a notice of labor inspection. After receiving this notice, the taxpayer may apply a request of delay, only once, for valid reasons, delaying the start date of the inspection, according to art. 101, paragraph 2 of O.G. No. 92/2003 with subsequent amendments.
Possible reasons for legitim postponement of the ITM control:
- The HR officer is on annual leave / sick leave;
- The company is the subject to a different fiscal control and the documents are used to this situation;
- The control is performed in a unit which is located in another city and the documents which may be required need at least 24 hours until reaching the location of the unit.
The ITM inspectors may carry out the control activities throughout the country, in the decision issued by the General Inspector of the State, in accordance to article 22 of Law 108/1999.
The request for postponement must be made in writing and must contain legitim reasons. The control inspectors may approve or not this delay.
Request form for delaying the ITM control
Company Fiscal number: Number of Registration: Request No. ….. Date …… To, Territorial labor inspectorate ……………… Undersigned, …………………… .. ………, acting as administrator at ………………………. ……………, kindly asking the postponment of the control from the date …… to date ………………… time ……… for the following reasons: ………………………… Name and surname ……………………………… (signature) |
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