Labour and immigration audits – Inspectors’ Code of Conduct

Dec 04, 2019

CODE OF CONDUCT FOR LABOR INSPECTORS

Excerpt from Decree of Ministry of Labour – January 15, 2014

Preliminary phase:

Inspections are preceded by a preparatory activity during which the officers collect information about the company on the available databases. Information include the company’s workforce and the status of social security and insurance deeds and payments.

Inspections:

Inspectors must follow the following rules:

  1. must inform the company of their title and show their ID cards;
  2. the inspection must be carried out in way that keeps any interference with working activities to a minimum;
  3. should request to speak with an empowered officer;
  4. must inform the company of the powers they have under the law as well the powers to sanction any conducts aimed to disrupt the inspection;
  5. must inform the company of its faculty to request assistance of an external counsel duly licensed under Law 12/1979;
  6. inspections must include: identification of any persons present at workplace, record any declarations submitted, review of the documents present on site, description of the activities carried out and of the work conditions.

Declarations:

All declarations must be collected during the first visit. However, in order to acre more detailed proof and information, Inspectors can interrogate members of the Unions, of the H&S representative and of the representative for Equal Opportunities. Inspectors have the power to interrogate workers, if deemed appropriate, also externally from the workplace and to interrogate also third parties who may have knowledge of the facts.

Interrogations must be conducted in compliance with the following criteria:

  1. all questions must be posed in a clear and comprehensible way;
  2. all declarations must be reported clearly in the minutes that the Inspector must compile and that must be read to the company’s officer, so that he can confirm the accuracy and sign it. The officer is entitled to request amendments and corrections;
  3. while Inspectors are interrogating the workers, the presence of any officers or counsels of the company is not allowed;
  4. any refusal to provide information or sign any declarations, must be reported in the minutes;
  5. a copy of the declarations collected shall not be given to the workers or to the company. If requested, Inspectors must inform the requesting party that a copy must be requested at the Inspectors’ Office.

Minutes of inspections:

Inspectors compile the minutes of the first visit that must include all data and information set forth in art. 13 of Decree 124/2004. In the minutes, all workers present on site must be identified as well as their specific tasks and the working conditions. If the inspections is prolonged for a few days, Inspectors shall compile interim minutes.

Upon conclusion of the inspection, Inspectors shall compile a final minute that must include all elements necessary to identify precisely the facts and circumstances detected and must ensure the company’s right to oppose any claims.

Any conclusions reached by the Inspectors must be adequately motivated.

Criminal violations:

Should Inspectors detect any criminal violations, they shall deliver the minutes to the office of the Public Prosecutor together with any documents and/or information proving the violations.

Code of conduct of Inspectors:

In carrying out their activities, Inspectors must comply with the following criteria:

  1. must be impartial and avoid any preferential treatment;
  2. must not be influenced by any pressure of any kind nor by any personal or financial interest;
  3. must avoid to express any political or ideological orientation that could impair their impartiality;
  4. must avoid to participate in the inspection in the cases set forth by art. 7 Decree 62/2013.

Confidentiality:

All data collected during the inspections must be treated in compliance with and under the limitations set forth by Privacy Laws.

Media:

Inspectors, unless specifically authorized, must not have any relationship with the media.

Gifts and other benefits:

Inspectors must not ask or solicit for themselves or for others any gifts or other benefits, they cannot accept any gifts or benefits offered except those of minimal value that can be occasionally offered within a normal courteous situation and within the realms of customary international laws.

Despite the fact that it can be a criminal violation, Inspectors must not request and cannot accept any gifts, also of minimal value from any parties who could benefit from decisions of their office or from parties who could be subject to new investigations.

Any gifts received and not consented by this article, must be given to the Office so that they can be returned or given in charity.

Associations and memberships:

Inspectors must notify their Office about their memberships and affiliations that could conflict with the exercise of their activities. This obligation does not apply to Unions and political parties.

External appointments:

Inspector shall not accept any appointment from parties who have been inspected in the 2 years preceding the appointment.


The full text of the Decree (in Italian) can be downloaded at https://www.ispettorato.gov.it/amministrazione-trasparente/Disposizioni-Generali/Documents/DM-15012014.pdf

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