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Inspection from the Labor Safety Inspectorate – a few things to bear in mind

What might be good to know when inspection from the Labor Safety Inspectorate is announced.
Inspection from the Labor Safety Inspectorate – a few things to bear in mind

What is the labor safety inspectorate?

It is an office subordinate to the Ministry of Labor and Social Affairs. Its job is to check compliance with obligations related to labor regulations and to check safety and health protection at work.

Does the possible inspection also concern us?

An inspection from the labor safety inspectorate can visit any employer and can be:

  • Scheduled - you have been selected based on an annual inspection schedule and your company is selected at random
  • Unplanned - the safety inspectorate receives an initiative to check specifically in your company

How do we find out about the inspection?

The employer is usually informed about the start of the inspection a few days in advance and thus can prepare the necessary documents. However, if previous information about the inspection could influence the result (illegal employment inspection), the inspection is usually unannounced.

What is the content of the inspection?

The area of ​​control can be very extensive and results from various labor law regulations including remuneration regulations, internal regulations, regulations to ensure work safety.

The exact content of the inspection is determined by Section 3 of the ZoIP.

It is therefore possible to randomly check regulations related to:

  • rewarding
  • working time and rest time
  • overtime work
  • compliance with collective agreements
  • by providing personal protective equipment
  • by observing work safety

How does the inspection work?

The inspector starts the inspection with the first inspection act. Usually, it is the delivery of the notification of the start of the inspection to the employer. Moreover, he is also obliged to inform the trade unions or the staff council about the start of the inspection, if he works for the inspected employer.

The inspector is entitled, among other things: 

  • to request the documents proving checked facts (attendance records, pay slips, bonus rules, work rules, wage regulations, collective agreement)
  • to ask questions to employees without the presence of other persons
  • to require the necessary cooperation from the employer and employees to carry out the inspection

How long does the inspection take?

It mostly depends on the size of the employer. Most inspections will take place within a few hours and one working day.

How will we know the result?

The inspector is obliged to draw up an inspection protocol and deliver it to the employer within 30 days. You can appeal against the findings stated in the protocol within 15 days, and only in writing stating the reasoned objections.

The inspection only ascertains the state of the inspected facts, it does not deal with their correction or punishment.

If misconduct has been detected, the inspectorate can initiate administrative proceedings and impose a fine.

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