How an ITM inspection works
The Territorial Labour Inspectorate (ITM) checks whether employers comply with employment law and health and safety rules. An inspection may be scheduled, triggered by an employee complaint or unannounced. Inspectors may enter the company's premises, talk to the people at work and request documents, either on the spot or within a set deadline.
At the end, the findings are recorded in an inspection report, which may include corrective measures with deadlines. If offences are found, the inspectors may also draw up a report establishing the offence and imposing a sanction, the document by which a fine is imposed.
Which documents are checked
The exact list depends on the type of inspection, but inspectors usually ask for:
- individual employment contracts and amendments;
- the electronic employee register (Revisal) and whether it matches reality;
- working time records (timesheets or attendance logs) and overtime;
- payroll records and proof of salary payments;
- internal rules, job descriptions and leave records;
- health and safety documents (training, risk assessment, medical checks).
Undeclared work: the biggest risk
The Romanian Labour Code requires the individual employment contract to be signed in writing before work starts, and the employee to be registered in Revisal within the legal time limit. Allowing someone to work without a written contract and without this registration is treated as undeclared work.
Penalties for undeclared work are substantial fines calculated per person found in that situation, and may come with additional measures such as a temporary suspension of activity at a workplace. Other situations are treated in the same way, for example work performed beyond the hours registered under a part-time contract. In certain serious cases, the law also provides for criminal liability.
How to respond during the inspection
Stay calm and cooperative. Appoint one person to accompany the inspectors and keep a record of the documents handed over. Do not hide people or alter documents, as this only makes matters worse.
Read the report before signing it. You are entitled to add objections, writing down what is incorrect or what explanations you have. If a document is not at hand, ask for time to provide it. Keep a copy of every document you receive.
If the inspectors order corrective measures, meet the deadlines set and confirm in writing how you have complied. Failure to implement the measures ordered may lead to further sanctions.
How to prepare in advance
The most effective way to get through an ITM inspection is to have your documents in order before the inspectors arrive. A periodic internal audit carried out with the person handling HR can reveal problems before they turn into offences.
Check in particular that everyone working for you has a signed contract and is registered in Revisal before their first day, that actual working hours match the contract and the timesheets, that overtime is recorded and compensated as required by law, and that health and safety training has been carried out and signed. Keep the documents at the workplace or somewhere they can be produced quickly.
Challenging the offence report
If you disagree with the fine, you can file a complaint against the offence report. Under Government Ordinance no. 2/2001 on the legal regime of administrative offences, the complaint must be filed within 15 days from the date the report was handed over or communicated, with the local court for the area where the offence was committed.
The complaint may raise both grounds of nullity, such as missing mandatory details, and substantive grounds, such as an incorrect description of the facts or a disproportionate sanction. The court may uphold the sanction, cancel it or replace it with a lighter one, such as a warning. Evidence gathered during the inspection is often decisive.
The information in this article is general. Every inspection has its own particularities, and the right approach can only be set after an individual review of the documents and facts.
If your company is about to be inspected or has already received a report from ITM, the law office of Mr. Bocse Marian-Mihaita can assist you. We review the documents, explain your options and represent you in challenging the offence report before courts throughout Romania.
This article is for information only and does not constitute legal advice. For an analysis of your specific situation, contact a lawyer.
