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LAW OF THE REPUBLIC OF MOLDOVA

of May 10, 2001 No. 140-XV

About State Labour Inspection

(as amended on 15-11-2018)

The parliament adopts this organic law.

Chapter I General provisions

Article 1. Inspection of work

(1) the State Labour Inspection is the administrative authority subordinated to the Ministry of Health, work and social protection, with the location in municipium of Chisinau. The State Labour Inspection coordinates at the national level observance of regulations in the field of employment relationships, health protection and labor safety.

(2) the State Labour Inspection exercises the state control of observance of legal and other regulations in the field of employment relationships, except for health protection and labor safety at the companies, in organizations and the organizations, irrespective of type of property and form of business, the physical persons hiring workers and also in bodies of the central and local public authority (further - employers).

(2-1) regarding, the state control provided in the part which is not settled by this law (2), concerning persons performing business activity is planned, carried out and registered according to provisions of the Law on the state control of business activity No. 131/2012.

(3) the State Labour Inspection is legal entity and acts on the basis of the Regulations on it approved by the Government.

(4) the territorial inspectorates of work which are operating in each administrative and territorial unit of the second level, not having the status of the legal entity are Under supervision of State Labour Inspection.

(5) the Ministry of Defence, the Ministry of Internal Affairs, Service of information and safety, Service of the state protection, National penitentiary administration and the National center for fight against corruption will organize activities for inspection of work through own specialized services given appropriate authority only for subordinated structures.

Article 2. Priority of international treaties

Provisions of international treaties, one of the parties of which is the Republic of Moldova, are priority in relation to regulations of this law.

Chapter II of the Task and function of State Labour Inspection

Article 3. Tasks

Tasks of State Labour Inspection are:

a) ensuring application of provisions of the legal and other regulations relating to working conditions and protection of workers in case of accomplishment of the functions by them;

b) distribution of information on the most effective remedies of observance of the labor law;

c) informing the Ministry of Health, work and social protection on the shortcomings connected using the labor law.

Article 4. Functions

(1) For accomplishment of the tasks provided in Article 3, State Labour Inspection:

a) performs monitoring of the state control of compliance with law in the field of health protection and labor safety performed by inspectors of work of competent authorities in the field of control of labor safety;

b) stores and updates information on competent authorities in the field of control of labor safety and about inspectors of work in their structure;

c) exercises the state control of compliance with law about employment relationships;

d) together with competent authorities in the field of control of labor safety participates in development of regulations, methodologies, instructions, managements, methodical recommendations about application of provisions of the regulatory base in the field of employment relationships, health protection and labor safety which are approved by the Ministry of Health, work and social protection;

e) as required represents to the Ministry of Health, work and social protection of the offer on modification of the regulatory base in the field of employment relationships, health protection and labor safety;

f) performs activities for preparation, training and informing concerning employment relationships of employers and hired employees of the companies in areas of the competence;

g) creates, supports and constantly updates system of electronic training and in case of its means provides training of inspectors of work irrespective of organization in which they work;

h) together with competent authorities in the field of control of labor safety will organize and provides elementary and continuous training of inspectors of work and check of level of their knowledge at the end of each training course irrespective of organization in which they work;

i) provides carrying out elementary and continuous training only by means of system of electronic training;

j) stores and updates information on activities for control of the labor safety performed by bodies, competent of this area, based on the reports provided by these bodies;

k) collects information on the labor accidents established and investigated by inspectors of work in the sphere of health protection and labor safety;

l) with the assistance of all competent authorities in the field of control of labor safety prepares the annual statement about activities of competent authorities in the field of control of compliance with law about employment relationships, health protection and labor safety;

m) performs other powers provided by the law.

(2) the State Labour Inspection has the right:

a) request and receive information necessary for implementation of the functions from bodies of the central and local public authority, legal entities and physical persons;

b) state offenses and constitute protocols according to regulations of the Code of the Republic of Moldova on offenses.

Article 5. Cooperation with other bodies, organizations and organizations

The State Labour Inspection for the purpose of accomplishment of the tasks cooperates with competent authorities in the field of control of labor safety, with other bodies, organizations and the organizations performing similar activities, patronages and labor unions. Forms of cooperation are established by agreement of the parties.

Chapter III Organization of activities of State Labour Inspection

Article 6. Organizational structure

The structure and number of employees of State Labour Inspection are established by the Government.

Article 7. Personnel of State Labour Inspection

(1) the State Labour Inspection is headed by the director appointed to the state position and exempted from the state position or dismissed from it according to the law the minister.

(2) Personnel of State Labour Inspection, including territorial inspections of work, are created of inspectors of work and other specialists who are government employees whose status provides them stability in positions and independence of any government changes and any unforeseen impact from the outside, and also support personnel.

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