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LAW OF THE REPUBLIC OF MOLDOVA

of May 10, 2001 No. 140-XV

About State Labour Inspection

(as amended on 09-11-2023)

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 Labour and Social Protection, with the location in municipium of Chisinau.

(2) the State Labour Inspection exercises the state control of observance of legal and other regulations in the field of work, 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.

(2-2) State Labour Inspection exercise the state control of activities of the private agencies and unlicensed intermediaries performing activities for employment of citizens of the Republic of Moldova abroad in accordance with the terms, the provided by the Law on assistance of employment of the population and insurance on unemployment No. 105/2018 and other regulations.

(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 in the field of work, health protection and labor safety 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 compliance with law in the field of work, health protection and labor safety;

c) informing the Ministry of Labour and Social Protection on the shortcomings connected using the legislation in the field of work, health protection and labor safety.

Article 4. Functions

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

a) controls compliance with law in the field of work, health protection and labor safety;

b) investigates according to the procedure, established by the Government, labor accidents;

c) gives on demand methodological help in process of preparation, training and informing employers and workers, and also other interested persons in legislation scope in the field of work, health protection and labor safety;

d) provides on demand free consultations to employers and workers in the sphere of the competence;

e) 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 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 responsible state position and exempted from responsible state position according to the law the Government according to the proposal of 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. To position of the inspector of work persons with the higher education in the field of engineering and engineering activities, the right or economy are accepted.

(3) Employment in State Labour Inspection is performed according to the procedure, established by the legislation, it is exclusive based on suitability of the candidate to accomplishment of tasks which will be assigned to it.

(4) the Inspector of work in case of accomplishment of the functions submits only to the higher chief and the law.

(5) intervention in any form in activities of inspectors of work for the purpose of coercion them is not allowed to inadequate accomplishment of the functions.

Chapter IV of the Right, obligation, incompatibility and responsibility

Article 8. Rights of the inspector of work

(1) When implementing the functions the inspector of work, upon presentation of the official ID, has the right:

a) have easy access at any time or nights, without prior notice the employer, on workplaces, to service and production premises;

b) request and obtain the documents and information necessary for control from the employer;

c) require and receive, within the competence, explanation from the employer and workers;

d) require immediate or at the scheduled time of elimination of the revealed violations 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.

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