Article Content

Print

In addition to the relevant regulations and acts applicable to the appointment of civil servants, the standards of recruitment and appointment of labor inspectors shall be specified by the Central Competent Authority.

Labor inspectors shall receive required job-related professional trainings.
This training program shall be developed by the Central Competent Authority .

Labor inspectors, assigned by the labor inspection agency on the basis of their specialties and the characteristics of inspections to be conducted, shall enforce the regulations as prescribed in Article 4.

Labor inspectors shall not:
1.Alter, conceal or falsify factual information in the inspection reprots.
2.Disclose any information of the inspected business entities including but not limited to production technology, equipment, financial status, and management. This clause remains effective after the termination of the employment of the inspector.
3.Reveal the source of the complaint while processing confidential complaints.
4.Engage in any financial misconducts with the inspected business entities.
Any person may report, with facts, any violation of the Acts and un-fulfillment of the duties of the labor inspector.

When potential conflict of interests between a labor inspector and a business entity exists, the labor inspector shall be excused from conducting the duty voluntarily. Guideline shall be determined by the Central Competent Authority.

Labor inspector shall not pre-notify any business entity the schedule of an inspection except the following:
1.A review or an inspection as prescribed in Article 26.
2.An inspection of dangerous machinery or equipment.
3.An investigation of occupational fatality/injury.
4.Other inspections approved by the labor inspection agency or competent authority.

Labor inspector shall, for carrying out the inspection duties, be allowed enter the business entity at any time. The employer, any designated acting on behalf of the employer, employees, and any other persons in concern shall not refuse, avoid or obstruct the inspection without trustful reason.
When necessary, the labor inspector may request assistance from police to deal with the refusal, avoidance or obstruction of the inspection.

When carrying out the inspection, a labor inspector shall, within the scope of the inspection, present to the employer, department managers in concern, union representatives and other persons in concern the following issues:
1. To make inquiries about persons in concern and, when necessary, take written or audio record of the inquiry.
2. To notify persons in concern to submit reports, records, salary files, and documents in concern or to provide explanations as deemed necessary.
3. To examine documents, information and materials prepared by the business entity as required by act, when necessary, the labor inspector may make copies of the documents, take photographs, make videotapes or make measurements.
4. To seize, in sealed container, or to take upon providing receipt to the business entity materials, samples, equipment, and tools, for examination.
The business entity or any person in concern shall not refuse, avoid or obstruct labor inspector performing above duties.
When necessary, the business entity may apply to the labor inspection agency for examining or duplicating the videotapes and/or photographs taken by the labor inspector under Subparagraph 3, Paragraph 1 of the Article.
Labor inspection agency shall not refuse this request from the business entity.

On criminal suspects of violating the Labor Acts, labor inspector(s) may, when necessary, acquire a search warrant from the prosecutor and search the workplace(s), office(s) and materials in concern. When deemed necessary, labor inspector(s) may detain documents and materials as evidence.