SECTION II - LABOUR INSPECTION Article 343
The tasks of the Labour Inspection are assumed by Labour Inspectors and by Labour
Controllers.
Before their appointment, Labour Inspectors and Controllers must solemnly swear allegiance to fulfilling their duties and to not revealing, even after having left their post, any manufacturing or trade secrets or operating methods that they learned of during the course of their work.
Article 344
The Labour Inspection shall have the following missions:
a) to ensure enforcement of the present Labour Law and regulatory text that is provided for, as well as other laws and regulations that are not yet codified and that relate to the labour system;
b) to provide information and technical advice t o employers and to workers on the effective ways of observing the legal provisions;
c) to bring to the attention of the competent authority any improprieties or abuses that are not specifically covered by the existing legal provisions;
d) to give advice on issues relating to the arrangement or restructuring of enterprises and organisms that have been authorised by the administrative authorities and covered by Article 1 of this law;
e) to monitor the enforcement of the legal provisions regarding the living conditions of workers and their families.
Article 345
Labour Inspectors and Controllers can ask for assistance from duly qualified experts and technicians from relevant ministries or outside, who are specialised in medicine, mechanics, electricity, chemistry and environment, in order to ensure enforcement of the legal provisions regarding the health and safety of workers in carrying out their duties, and to inquire about the effectiveness of the methods applied, the materials used, and the regulations on the health and safety of workers. This technical assistance shall be exerted under the monitoring of the Labour Inspector or the Labour Controller in cooperation with relevant ministries.
The experts and technicians, who cooperate with the Labour Inspector or the Labour Controller in enforcing the legal provisions on the labour health and safety, must take an oath. They have the same powers granted the Labour Inspectors as per Articles 346 and
347 below.
The expenses incurred from this assistance shall be paid by the Ministry in charge of
Labour.
Article 346
Labour Inspectors and Controllers possessing the proper identification are authorised:
a) to freely enter any enterprise within the jurisdiction of their inspection, without prior notification of the time, whether day or night;
b) to enter in the daytime workplaces that they could rationally assume to be subject to inspection of their Inspectorate; and
c) to conduct any examinations, inspections and investigations considered to be necessary to ensure that the provisions are effectively observed, and, in particular:
- to question, either alone or in the presence of witnesses, the employer or the staff about any matter relating to the enforcement of the law;
- to demand access to all books, ledgers, and documents that must be kept by the employer as prescribed by the legislation relating to working conditions so as to verify whether they conform to the legislation; as well as to have the right to copy or take extracts from the books or ledgers;
- to demand the posting of notices or papers that are required to be affixed by law;
- to take, for the purposes of analysis, samples of materials or substances used or mixtures provided that the employer or his representative is aware that the materials or substances were taken for this purpose.
2. During each inspection, the Labour Inspector or Controller must inform the employer or his representative of his presence, unless he thinks that doing so will prejudice the effectiveness of the inspection.
3. The Labour Inspector and Controller may need to be accompanied by one or more shop stewards during inspection.
Article 347
In performing their duties, Labour Inspectors and Controllers have the power:
1) to make observations to the employer or his representative and to the workers;
2) to serve notice on the employer or his representative to observe the legislation within a certain time period;
3) to note with an official report the non-observance of certain legal provisions that must, until proved otherwise, be credited;
4) to order that immediate measures be taken when they have every reason to believe or conclude that there is an imminent and serious danger to the health or safety of the workers.
5) to impose the fines on those guilty of violating the provisions of this law and any enforcement-related text of these provisions.
Article 348
Labour Inspectors, Labour Medical Inspectors and Labour Controllers cannot have any interest whatsoever in the enterprises within the jurisdiction of their inspection.
They must keep the source of any complaint, referred to them, about any default in the facility or a violation of the law strictly confidential and must not reveal to the employer or his representative that the inspection was the result of a complaint.
SECTION II - LABOUR INSPECTION Article 343
The tasks of the Labour Inspection are assumed by Labour Inspectors and by Labour
Controllers.
Before their appointment, Labour Inspectors and Controllers must solemnly swear allegiance to fulfilling their duties and to not revealing, even after having left their post, any manufacturing or trade secrets or operating methods that they learned of during the course of their work.
Article 344
The Labour Inspection shall have the following missions:
a) to ensure enforcement of the present Labour Law and regulatory text that is provided for, as well as other laws and regulations that are not yet codified and that relate to the labour system;
b) to provide information and technical advice t o employers and to workers on the effective ways of observing the legal provisions;
c) to bring to the attention of the competent authority any improprieties or abuses that are not specifically covered by the existing legal provisions;
d) to give advice on issues relating to the arrangement or restructuring of enterprises and organisms that have been authorised by the administrative authorities and covered by Article 1 of this law;
e) to monitor the enforcement of the legal provisions regarding the living conditions of workers and their families.
Article 345
Labour Inspectors and Controllers can ask for assistance from duly qualified experts and technicians from relevant ministries or outside, who are specialised in medicine, mechanics, electricity, chemistry and environment, in order to ensure enforcement of the legal provisions regarding the health and safety of workers in carrying out their duties, and to inquire about the effectiveness of the methods applied, the materials used, and the regulations on the health and safety of workers. This technical assistance shall be exerted under the monitoring of the Labour Inspector or the Labour Controller in cooperation with relevant ministries.
The experts and technicians, who cooperate with the Labour Inspector or the Labour Controller in enforcing the legal provisions on the labour health and safety, must take an oath. They have the same powers granted the Labour Inspectors as per Articles 346 and
347 below.
The expenses incurred from this assistance shall be paid by the Ministry in charge of
Labour.
Article 346
Labour Inspectors and Controllers possessing the proper identification are authorised:
a) to freely enter any enterprise within the jurisdiction of their inspection, without prior notification of the time, whether day or night;
b) to enter in the daytime workplaces that they could rationally assume to be subject to inspection of their Inspectorate; and
c) to conduct any examinations, inspections and investigations considered to be necessary to ensure that the provisions are effectively observed, and, in particular:
- to question, either alone or in the presence of witnesses, the employer or the staff about any matter relating to the enforcement of the law;
- to demand access to all books, ledgers, and documents that must be kept by the employer as prescribed by the legislation relating to working conditions so as to verify whether they conform to the legislation; as well as to have the right to copy or take extracts from the books or ledgers;
- to demand the posting of notices or papers that are required to be affixed by law;
- to take, for the purposes of analysis, samples of materials or substances used or mixtures provided that the employer or his representative is aware that the materials or substances were taken for this purpose.
2. During each inspection, the Labour Inspector or Controller must inform the employer or his representative of his presence, unless he thinks that doing so will prejudice the effectiveness of the inspection.
3. The Labour Inspector and Controller may need to be accompanied by one or more shop stewards during inspection.
Article 347
In performing their duties, Labour Inspectors and Controllers have the power:
1) to make observations to the employer or his representative and to the workers;
2) to serve notice on the employer or his representative to observe the legislation within a certain time period;
3) to note with an official report the non-observance of certain legal provisions that must, until proved otherwise, be credited;
4) to order that immediate measures be taken when they have every reason to believe or conclude that there is an imminent and serious danger to the health or safety of the workers.
5) to impose the fines on those guilty of violating the provisions of this law and any enforcement-related text of these provisions.
Article 348
Labour Inspectors, Labour Medical Inspectors and Labour Controllers cannot have any interest whatsoever in the enterprises within the jurisdiction of their inspection.
They must keep the source of any complaint, referred to them, about any default in the facility or a violation of the law strictly confidential and must not reveal to the employer or his representative that the inspection was the result of a complaint.
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