In short: The Labor Inspectorate annually publishes a program of actions that includes a campaign dedicated to the road transport of goods and people. At the carriers, inspectors mainly verify the employment relationships, the working and rest time of drivers, compliance with the rules regarding the dispatching of drivers and the requirements of occupational safety and health. Preparation means contracts and up-to-date revision, the correct recording of worked hours and complete documentation of the dispatching.
The Labor Inspectorate has just published the ITM inspection calendar for 2023. This calendar covers periods and aspects similar to those of 2022, but you must take into account every detail to ensure that you will not have problems as a result of these inspections.
Because everything must be taken into account in advance and because it is important to inform yourself from reliable sources, we are now presenting everything you need to know about the controls. ITM for carriers in 2023.
Which quarter targets the ITM carriers’ controls?
This year, the quarter dedicated to ITM controls for carriers is scheduled in the calendar for the period April-June 2023.
This quarter is dedicated to controls in the field of domestic road freight and passenger transport. It represents the second quarter of ITM controls and will target several main aspects that we will list later.
The advantage of this period is that you will have time in the first quarter of the year to prepare and organize everything you need.
What exactly does ITM check in these controls?
A very important part is what ITM will verify during these controls in 2023. Thus, the controls will focus on the following aspects:
- compliance with the legislation in the field of labor relations;
- if the working time and rest time for drivers is in accordance with the provisions in force;
- compliance with the provisions of the mobility package;
- compliance with European legislation and directives concerning the posting of workers in the context of the provision of transnational services;
- the compliance by employers and workers with the minimum requirements for safety and health at work;
- compliance with the minimum requirements aimed at improving the safety and health protection of workers by employers engaged in the production, storage and marketing of automotive fuels.
These campaigns can also overlap with other quarters, but you must bear in mind that the transport sector is particularly targeted between April and June 2023, so you will be able to have everything ready as early as the beginning of the year.
What is the purpose of this ITM control campaign for carriers 2023?
The purpose of these controls by the ITM is clearly highlighted in the objective of verifying how the legislative regulations are being respected, and both employers and employees are aware of the necessity of these elements.
- Increasing the level of awareness among employers and employees regarding the need to comply with legal provisions in the field of labor relations;
- The reduction of the negative social and economic consequences arising from the failure by employers operating in the field of road transport to comply with the legal provisions regarding working time and rest periods;
- The elimination of all the observed non-conformities, by ordering mandatory measures to bring them into legal compliance and applying the corresponding contravention penalties.
How do you make sure everything is okay?
If you are not sure that you have everything prepared, you can confidently call on us.
CargoTrack We offer financial and judicial services and take care of everything you need, regardless of the timing of the ITM inspection, so that you have everything prepared. We provide advice on obtaining the necessary documents, the preparation of the A1 form, IMI statements, But also solutions for other important aspects.
Contact us now!
Frequently asked questions about ITM controls at transport companies
What do the ITM inspectors check at a road transport company?
The ITM inspectors verify how the employer complies with labor legislation: the existence of individual employment contracts and their submission to Revisal, the record of the drivers’ working and rest time, the payment of wage rights, compliance with European rules regarding the posting of workers in road transport, as well as the minimum requirements for safety and health at work. According to Law no. 108/1999, the controlled company is obliged to provide the inspectors with the requested documents and information.
What documents do I need to have ready for an ITM inspection at the transport company?
You must have the individual employment contracts and additional documents prepared, the extract from the general register of employees, the post cards, the collective attendance sheets and the time record of the drivers, the payment statements and proof of payment of salary rights, the training sheets in safety and health at work, the aptitude sheets from occupational medicine, plus the documents for the international driving permits.
What fine does a carrier risk if they do not provide the inspectors with the required documents?
According to Law no. 108/1999 on the establishment and organization of the Labor Inspectorate, any obstruction of labor inspectors from exercising their control, failure to comply with the measures ordered by the inspector within the deadline, and failure to comply with the obligation to provide the requested documents and information constitute offenses punishable by a fine from 5,000 lei to 10,000 lei. The determination and sanctioning are carried out directly by the labor inspectors.
How many hours per week can a professional driver employed in Romania work legally?
According to Government Decision no. 38/2008, the total working time of persons performing mobile road transport activities may not exceed 48 hours per week. The duration can be extended to a maximum of 60 hours per week, provided that the average over any consecutive 4-month period does not exceed 48 hours. The driver may not work more than 6 consecutive hours without a break.
How long must the drivers' working time records be kept?
The employer is obliged to keep records of the working time of persons performing mobile road transport activities and to keep these records for at least 2 years after the activities have been carried out, in accordance with HG no. 38/2008. Upon request from the control authorities, the records must be presented for a period of 2 years. For drivers working for several employers, the company must request a written record of the hours worked elsewhere.
What risks does a transport company that has drivers without a labor contract face?
Undocumented work is severely punished by the Labor Code. The hiring of one or more persons without the conclusion of an individual labor contract is punishable by a fine of 20,000 lei for each such person identified, without exceeding the cumulative value of 200,000 lei. The person performing the work without a contract risks, in turn, a fine ranging from 500 lei to 1,000 lei. The inspector may also order the termination of the activity.
How do I prepare for the verification of drivers' deployment in international transport?
For races that fall under the rules of dispatching from road transport, you need the dispatching declaration submitted in the public IMI interface, proof that the driver has the documents accessible in the cabin and form A1 issued by the pension fund for social security situations. Also keep the transport documents related to the races, to be able to demonstrate the type of operation carried out in each Member State.
