Several arrears were identified in the implementation of the integrity measures established by the normative framework. A number of integrity tools necessary in order to ensure the institutional integrity of the State Labor Inspectorate (SLI) have not been implemented. This is the conclusion of the study ” An analysis of the corruption risk in the SLI” developed by the Institute for Development and Social Initiatives, “Viitorul” within the "Civil Society Support to the Parliament of the Republic of Moldova in Promoting Economic Reforms and Evaluating Independent Regulatory Agencies" project.
This report contains an analysis of the risks linked with the SLI. Such risks emerge from existing regulations in the normative framework and from the activity performed by the SLI. The document has five compartments, which describe the current context and the purpose of the study, analyze the risk factors generated by regulations in the field, the existence of integrity tools provided by the regulatory framework, and possible ways of implementing measures to ensure institutional integrity.
The study continues with the analysis of the operational risk factors, which may arise from the management of work-related information, from management of financial means, from public procurement, and from the inadequate implementation of internal managerial control. A separate compartment is dedicated to the analysis of the risks related to the state control performing process, starting with the planning stage and ending with the decision-making stage. The analysis of decisional transparency and access to the information within the SLI follows next. Finally, general conclusions were drawn up and several recommendations were submitted to eliminate the risks existing within the SLI.
The report highlights the inconsistencies of the provisions in the normative framework, which refer to the SLI’s control activity; such inconsistencies create confusion and cause inadequate implementation of existing rules. Also, the report highlights the provisions of the normative framework, or the lack thereof, which may affect the independence of the SLI.
The study found a lack of transparency regarding cases of breaches of ethical standards and improper conduct by labor inspectors. According to the reports’ findings, the risks of corruption related to the management of financial means within the State Labor Inspectorate are minor and have a low probability of occurrence.
The lack of transparency was also emphasized regarding public procurement, as not all the information and documents, stipulated in the regulatory framework in the field, are being published, something that may favor corruption risks and conflicts of interest. The study notes the low probability of corruption risks, as the SLI has carried out only few public procurements and they have are of a low value.
The risks related to the internal managerial control are serious and with a high probability of occurrence, which could have negative effects on the institution's reputation. This is the result of a lack of a Register of risks, including those of corruption, as well as of deficiencies in the organization and functioning of the internal managerial control system.
The report showcases the lack of a correct record of the data on the number of planned verifications, the number of performed verifications, as well as of their results, as major discrepancies have been identified between the public information presented in the annual activity reports of the State Labor Inspectorate and the State Register of Controls.
The analysis of the statistical data related to the state control carried out by the State Labor Inspectorate in the last three years, highlights several aspects which raise certain questions, can signal the presence of elements of corruption, in many cases underline the insufficient training of labor inspectors, but also indicate the need for a thorough analysis and for the necessary measures to be taken by the management of the institution. In this regard, it is mentioned the extremely small number of filed appeals against the minutes of the verifications, the lack of petitions and preliminary requests examined in the Council for dispute solving purposes, the annulment of the minutes by courts on the grounds of sanctionable findings, the expiration of the term of prescription and the incorrect drafting of the minutes, which led to their annulment. In addition, the study notes the inefficient accomplishment by SLI of its task of offering guidance to the economic agents.
In the process of drafting this study an interview was conducted with SLI representatives, in which several issues have been discussed, such as aspects of the legal framework, the general functioning of the institution, the internal procedures for ensuring the integrity of the institutions and its’ staff, as well as the financial capacity of the institution and how it uses public resources. Additionally, the study analyzes was analyzed the institutional website, publicly available annual and monthly reports as well as information provided by the SLI upon request for information of public interest.
The "Civil Society Support to the Parliament of the Republic of Moldova in Promoting Economic Reforms and Evaluating Independent Regulatory Agencies" Project is supported financially by the Soros Foundation Moldova.
The Soros Foundation Moldova promotes the values of an open society, supports democracy, supports innovative ideas, and encourages visionaries, who produce positive change, for Moldova to become a better place to live.
The responsibility for the content of this publication lies with the authors and does not necessarily reflect the position of the Soros Foundation.
