skupina

How should the inspection of the labor inspectorate proceed, and what is the inspected subject entitled to? (No. 129)

Inspections by the labor inspectorate are not exceptional; employers should be prepared for them not only in terms of fulfilling their legal obligations, but also in terms of awareness of their rights and the obligations of the inspection body during the inspection itself.

 

First of all, only the labor inspectorate is competent to carry out inspections in the field of employment, possibly also the customs authority in the area of illegal employment. With them, another body, such as the CTIA or the Police of the Czech Republic, may also take part in the inspection, while each body must prove its authorization to inspect. In addition, the presence of any other person during the inspection must be legitimate and this person must submit an authorization for inspection, too.

 

The inspection body must inform the company’s management about the inspection and enable them to take part in the inspection. It is thus not possible to carry out inspections between employees without management’s knowledge. Until then, it is even possible to refuse the inspection body entry to the plant.

 

Therewithal, during the inspection in the premises of the company, each inspection body is obliged to observe all the principles of safety at the given workplace, including the possible wearing of protective devices. Furthermore, the inspection body may make records or request explanations from employees only to the extent that these facts are related to the inspection itself and is not entitled to publish anything related to the inspection without the consent of the inspected subject.

 

The output of the inspection is then a report on the inspection, which is subsequently sent to the inspected subject. The inspected subject has the chance to file objections in writing to it if it does not agree with the proceeding of the inspection body or with the content of the report itself.

 

Although one can recommend the inspected subjects to provide the inspection bodies with the necessary cooperation within the inspection, it is also necessary to protect the rights of the inspected subjects so that the inspection body stays within the limits set by law.

publikováno 06.09.2021
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