The TLI (Territorial Labor Inspectorate) control entails checking the provisions connected to workplace safety and health for any employer or workplace that is organized in accordance with the regulations in force. More information regarding the role of the TLI control, types of TLI controls, what documents can be requested, what you are not obligated to show, and some tips to help the process run smoothly can be found below.<\/p>\n\n\n\n
The function and activity of TLI<\/strong><\/p>\n\n\n\n According to the current legislation, the TLI audit has several roles that must be respected: What you are not obliged to show in case of an TLI check<\/strong><\/p>\n\n\n\n According to the law, TLI representatives may check at any time without prior notice. Although labor inspectors have access to data and records, it is important to note that they do not have the authority to request information from areas where they lack expertise. Here are some clarifications in this regard:
\u2022 To ensure that the legal provisions are implemented and respected;
\u2022 To ensure the prevention of deviations from the legal provisions regarding the labor relationship, security and health at work, the protection of employees who work in special conditions, and the supervision of the labor market.
Several attributions can be discussed regarding the activity of TLI, including:
\u2022 Control of labor relations;
\u2022 Controlling the activity and individual work contracts;
\u2022 Safety and health at work.<\/p>\n\n\n\n
\u2022 If the labor inspector does not justify his presence, you are not need to show anything - according to article 15 of Government Decision No. 1377\/2009, the labor inspection can begin only if an essential requirement is met: the TLI representatives show you the work order. The date and subject must be provided, and the document must be stamped. If the previously mentioned fields are filled, you are not legally required to accept the check. It is critical to be firm and convey that you understand your rights. Furthermore, the inspector or inspectors must fill out the control register. Before beginning the inspection, the following information must be recorded in the register: the name and surname of the persons performing the control, the number of the control card, the unit to which they belong, the number and date of the delegation\/travel order, the control period, its purpose, and the legal provisions upon which the control is performed. Exceptions are cases in which labor inspectors have the goal of determining employers who support \"unofficial\" work. In this situation, the register can be completed after the control;
\u2022 You are not required to show what is requested if it is not the subject of the control - in the register we discussed previously, the subject of this control is also included. If documents other than those asked for the inspection are requested, you are not forced to supply them (Article 20 of Law No. 108\/1999);
\u2022 You are not required to show what is not needed of you - many companies remove entire files containing unnecessary documents. Make sure you have all of the required documentation and only provide the labor inspector the documents he or she requests.
\u2022 It is not legal to ask you for certain documents - for example, TLI is not competent to check the way social contributions are calculated. As a result, it cannot request the 112 declaration. If you are not a public institution, you are not obliged to justify why you hired employees based only on the interview and did not organize a competition. Also, they cannot request to see if you have announced job vacancies, this falling within the AJOFM's attributions. You can seek the assistance of a legal counsel to ensure that you are up to date on any labor protection issues. It is also critical that the labor inspectors have no financial or other interest in managing your company. For example, if you fired the labor inspector's wife and she threatened to send the TLI after you, you can inform the inspector of this fact.
\u2022 You cannot be sanctioned for the lack of certain documents - although the internal regulation is mandatory and, perhaps, you did not prepare it, there is no legal basis in the Labor Code that would attract sanctions. At most, the inspector can ask you to show the internal regulations, within a certain time frame. Another optional document is the one related to the measurement of the exhaust level - not having it does not attract sanctions. The problems with the TLI appear when you have measured the damages, you have the supporting documents, but you have not redone the documentation in a timely manner.<\/p>\n\n\n\n