SEEU Review vol. 5 Nr. 2 (pdf) - South East European University

Eneida Sema (LL.M)
There are four state institutions entitled to control and act the protection
of the employees’ rights: Inspectorate of Labor, Bureau of Labor, Institute of
Social Safety and the Institute of Public Health.
The goal of Law no.9634 dated October 30, 2006 “On State Inspectorate
of Labor “On State Labor Inspectorate”, is to ensure enforcement of the
labor legislation by employers.
Tasks of the inspector under this law include:
a) Ensuring the implementation of the labor legislation, especially in
terms of implementing the contract of employment, working
conditions and protection of persons employed during the work, for
instance working hours, salaries, insurances, health and welfare,
employment of minors, etc.
b) Inspection of workplaces as many times and to the extent it is
necessary to ensure effective implementation of provisions of the
labor legislation.
c) Providing technical information and advising employers in relation
to effective means for implementing the labor legislation.
d) Notifying the competent authorities regarding the shortcomings or
the irregularities that are not covered by the provisions of the labor
legislation.
Inspectors equipped with the relevant official document, have the
following competences:
To enter freely and without prior notice at any hour of the day or
night in any workplace that is subject to inspection.
To carry out any control, test or survey.
To order the modification of installations of the company within a
certain time period.
To take steps of immediate implementation character in case of
apparent risk to health and safety of the employees.
The employer is entitled to receive all the required information in relation
to the labor legislation, especially the working conditions and safety at work
and require a written opinion of the inspectorate regarding any particular
issue relevant to the implementation of the labor legislation by the
inspectorate.
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