Labour Inspectorate or how labour inspection works

Chapters of the article

• What is an occupational safety inspectorate
• What a labour inspectorate does
• What are the powers of the labour inspectorate
• What a labour inspection involves in practice
• How to file a complaint with the labour inspectorate

What is an occupational safety inspectorate

The Labour Inspectorate or State Labour Inspection Office (SUIP) is a body under the Ministry of Labour and Social Affairs. It has a decentralised system – there are a total of eight labour inspectorates at regional level in the country. Its main objective is to control compliance with the obligations set out in labour and occupational safety regulations(OSH). Its functioning is mainly regulated by the Labour Inspection Act, the Employment Act and the Child Care Act.

What the labour inspectorate does

As we said above, the labour inspectorate checks compliance with labour and occupational safety rules. Specifically, these rules concern:

• remuneration of employees, compensation of wages or salary and reimbursement of expenses to employees,
• compliance with maximum working hours and rest periods,
• ensuring safety at work,
• ensuring the safe operation of technical installations with a high risk to life and health, and rules relating to the safe operation of dedicated technical installations,
• theemployment of female employees, employees who are minors, employees caring for children and employees who have demonstrated that they themselves are predominantly caring for a natural person who is considered to be dependent on the assistance of another natural person under a special legal regulation at level II (moderate dependence), level III (severe dependence) or level IV (total dependence),
• the pursuit of artistic, cultural, sporting and advertising activities by children,

• observance of the announcement and conduct of a public call or selection procedure for filling the post of an official or for filling the post of a senior official of a local government unit,
• care of a child in a playgroup
• protection of whistleblowers,
• collective agreements, in so far as they provide for individual employment rights of employees arising from legal and internal regulations,
• internal regulations where they create rights for employees.

The Labour Inspectorate also monitors compliance with the legal provisions governing the legal status of employees posted to work in the context of transnational service provision. In addition, it is also in charge of monitoring activities in the field of employment, i.e. in particular compliance with the compulsory share, agency employment and undeclared work.

However, the Labour Inspectorate is not only an inspector, it also offers advice. It provides this to employees and employers in the field of labour relations and employment protection. For example, it can advise you on the requirements of an employment contract or when you are entitled to severance pay. You can ask for advice in person, by phone or by email.

What powers the labour inspectorate has

Labour inspectors have the right to:

• To carry out inspections. The inspected person himself or his representative (e.g. a member of the statutory body or an employee of the inspected person) must be present at the start of the inspection. At the same time, the inspector has the right to verify the identity of these persons.
• Enter the premises, equipment and production facilities of the inspected person.
• Require the provision of true and complete information.
• Require the submission of original or certified copies of documents and other documents, data records on computer storage media, extracts and source codes of programs, samples of materials, substances or products necessary for the inspection.
• To make copies of parts of documents or extracts from documents for the purpose of proving the lack of compliance with obligations identified during the inspection. For this purpose, the inspector may use photographic or video documentation.
• In certain cases (e.g. where there is a risk of delay), the inspector may seize documents, materials, etc.
• Question the staff of the inspected person without the presence of other persons on matters related to the inspection being carried out.
• Order the site where the accident occurred to remain in its original condition until the investigation of the work injury is completed or the site is sufficiently documented.

• Issue a decision to prohibit the use of workplaces, equipment, substances materials, etc. It may also prohibit the performance of work or activities that immediately endanger the safety of employees or other natural persons until the defect is rectified.
• Impose measures on the inspected person to remedy the deficiencies found during the inspection and set reasonable time limits for their removal.
• To become acquainted with classified information.
• To assess the design documentation of selected buildings and to apply occupational safety requirements during the commissioning of buildings
• To control the causes of work-related accidents.

What labour inspection means in practice

Labour inspections are planned in advance on the basis of an annual programme. However, they can also be unplanned, usually on the basis of a complaint or as a result of an injury in the workplace. The inspector usually reports the inspection in advance. The inspection itself then covers everything that is needed. We discussed what it may include in the previous chapter. The total length of the inspection varies from case to case. In general, however, it is most often an hour to a full day.

Once the inspection has been carried out, you will receive a report, usually within 30 days (up to 60 days for particularly complex cases). The report will tell you the outcome of the inspection – that is, where you have deficiencies and how the breaches occurred. You may then be given a plan of action to remedy the deficiencies and a time limit for doing so. The progress of their implementation can then be monitored by the inspector. It is also possible that you may be fined.

If there is a violation that causes an immediate threat to life or health, the inspector may prohibit or restrict the normal operation of the workplace. This most often involves taking various machines and equipment out of service.

How to lodge a complaint with the labour inspectorate

If you suspect a violation of labour law or occupational safety, you have the option of submitting a complaint to the labour inspectorate for inspection. To do this, you must clearly identify the employer concerned. The name of the company or employer, the company registration number and the place of work must be provided. It is also a good idea to submit evidence (e.g. an employment contract that violates the rules).

You can submit your complaint electronically via email or inbox, by post, by phone or in person. You can also use electronic submissions directly on the SUIP website. If you want to be notified of the outcome of the inspection, then please include your name, address and telephone or other contact details with your complaint. You do not have to worry about the inspected person finding out about your complaint. The Labour Inspectorate has a duty of confidentiality.

However, it must be taken into account that not all problems in the employment environment fall under the Labour Inspectorate. These problems are not dealt with by the Labour Inspectorate:

• Employer insolvency. This area falls under the competence of the Labour Office.
• Social security or health insurance irregularities. This falls under the jurisdiction of the Social Security Administration and your health insurance company.
• Recognition of a work injury. In the event of a dispute with the employer, the final decision falls within the jurisdiction of the competent court.
• Recognition of occupational disease. This is a matter for the health authorities and the regional health stations.

• Complaints about hygiene in the working environment (lighting, ventilation, temperature, noise, provision of protective drinks in the workplace, weight limits for manual handling). This falls within the remit of the regional health stations.