Inspection

Inspection

There are different types of inspection of business entities: market, tax, customs, labour and sanitary (veterinarian).

 

Market Inspection, in accordance with the EU law, is responsible for consumer protection supervision, control of the correct application of general product safety regulations and technical requirements for products, conformity assessment procedures and documents, and other requirements that products have to fulfil regarding their marking, advertising, labelling and packaging. It also monitors compliance with requirements regarding energy efficiency of a product, provision of public services to consumers and compliance with general terms of provision of public services. The Inspection also acts upon reports of consumer complaints and of other bodies as well.

 

Financial inspection supervises the legality of foreign currency operations, providing of payment services and the implementation of preventive measures and actions to prevent money laundering and terrorist financing.

 

Foreign currency operations – supervision of cross-border operations of legal entities and individuals in order to verify the legitimacy ground of payments and operations with foreign currencies in Croatia.

 

Anti-money laundering and terrorist financing – supervision the implementation of preventive measures and actions in the reporting entities of financial and non-financial sectors, primarily at authorized exchange offices, credit intermediaries, providers of money transfer, consumer lending institutions and professional activities (lawyers, notaries, auditors, accountants, tax advisers).

 

Providing of payment services (along with the Croatian National Bank) – supervising payment service providers, primarily credit institutions, in terms of the prescribed manner and conditions of execution of payment transactions and obligations to inform payment service users.

 

 

Labour inspection conducts supervision of the following fields:

  • employment relations and occupational health and safety,
  • obligations on registration, deregistration, modifications in the employee’s insurance status during the compulsory pension and compulsory health insurance,
  • relations between employers and individuals who have no employment contract with the employer, whether, in accordance with special regulations, perform certain tasks for the employer, or perform vocational training for work (for example, seasonal work employees for performance of temporary or occasional seasonal work in agriculture, full-time students and regular pupils in secondary schools at work for an employer in accordance with special regulations, a person who works during the time sentenced in a prison or a correctional facility and any other person who does not have a contract of employment with an employer, but, in accordance with a special regulation, performs certain work for him)
  • performing activities related to employment,
  • realization of benefits for Croatian Homeland War Veterans and their family members, persons with disabilities and peacetime military and civilian war invalids and their families in the employment process.

The following forms are available for the users:

  • Notification of death and serious injury at work (OB-FR-I)
  • Registration of site / forestry work sites (OB-ZR-III)
  • Registration of site / forestry work sites (OB-LA IV)
  • Petition/report of illegal conduct of the employer (OB-RO-I)
  • Petition/report of denial of priority rights of employment to persons with disabilities (OB-RO-II)
  • The request to conduct supervision pursuant to the provisions of the Law on the Rights of Croatian Homeland War Veterans and their family members (OB-RO-V)
  • The request to conduct supervision pursuant to the Act on the Protection of Military and Civilian War Invalids (OB-RO-VI)
  • Delivery of the signed contract on occasional employment of full time students (OB-RO-VII)
  • Application for the approval of the labour inspector for work performance of minors under 15 years of age or minors older than 15 years and younger than 18 years who attend compulsory primary education for participation surcharge (OB-RO-VIII)

 

Labour inspectors initiate the inspection procedure ex officio, taking into consideration the submissions and other information that indicate the need to protect the public interest. Exceptionally, the inspection procedure is initiated by the request of a party, when it is required by law. In the case where they are not authorized to act, labour inspectors forward the received petition to the competent government body. In the performance of inspection tasks, the labour inspector is obliged to protect the identity of the petitioner.

 

Prior to the inspection procedure, the inspector is required to present an official ID card – badge proving their official capacity identity and authority to the representative of the employer or the person found in the place of supervision,

 

The labour inspector may inform the representative of the employer, if available, about the beginning of the inspection, unless it is considered that it would diminish the effectiveness of the supervision.

 

The employer is obliged to enable the labour inspector the conduction of the supervision, provide prerequisites for unobstructed work, as well as access to the requested business documentation and other documents necessary to determine the state of facts.

 

During the inspection supervision for the purpose of overviewing the treatment of employers regarding the application of regulations whose implementation is monitored by labour inspectors, the inspector is authorized to photograph or record persons, examine, photograph or record the buildings, objects, business premises, facilities, ports, temporary work sites, construction fields, work facilities with belonging rooms, spaces and installations, equipment, facilities, working equipment, vehicles, business books, registers, records, videos or audio recordings, documents, contracts, documents, etc. The labour inspector may request from the employer after the completion of the inspection supervision, the execution of a certain action and determine the deadline for the execution of the respective action.

 

During the inspection, the inspector, at the request of the employer, directly related to the subject of the inspection, may advise the employer on the most effective manner of application of certain provisions of regulations whose implementation is monitored.

 

The labour inspector is obliged to draft a report on the conducted supervision and provide one copy of the report to the employer or the authorized representative of the employer or the employer’s worker found at the supervised workplace.

 

In case the labour inspector during the inspection procedure determines the employer’s unlawful conduct for which the law requires the adoption of certain administrative measures, he is obliged to require from the employer to eliminate the established irregularities within the deadline stated in the resolution, or prohibit work or performance of work activities.

 

If the labour inspector determines there is a reasonable doubt that a misdemeanour or offense was committed by the breach of the regulations, he is obliged to undertake the prescribed punitive measures, without delay and no later than 8 days from completing the supervision (impose a fine on the site of the execution of the offense, issue a mandatory misdemeanour warrant when required to by the infringing regulation, issue a misdemeanour order, file a charge to the competent misdemeanour court).

In case that the labour inspector during the inspection determines the existence of reasonable doubt that a criminal offense was committed by the violation of regulations, the inspector shall file the application for initiation of the criminal proceedings to the competent State Attorney.

 

 

The tourism inspection performs inspection supervision regarding the abidance by the prescribed terms and conditions for the performance of tourist activities and hospitality services and/or services in tourism. If the operation of legal or natural persons in the sphere of hospitality industry and tourism is illegal, it will be reported.

 

When performing inspection supervision of a tourism facility operation, the tourism inspector establishes the following:

  1. At the entrance into the tourism facility, i.e. at the entrance into the tourism facility located in a structure protected as a cultural good, there is a visible sign placed in a proper way with the designation of the type of the hospitality facility, i.e. type and category of the hospitality facility, its special standard and quality designation established by the decision of the competent Ministry of Tourism;
  2. At the entrance into the facility there is a visible notice of the working hours, of working and non-working days; the facility abides by the stated working hours and the business owner abides by the prescribed working hours;
  3. House rules have been established in tourist facilities for accommodation and placed at the reception desk; an excerpt from the House Rules has been placed visibly in all the rooms and apartments;
  4. The service provider has established the norms on the use of foods for a certain dish, drink or beverage; the services are provided in the amount and quality pursuant to the norms and the norms are presented to the guest upon request;
  5. The service provider has visibly presented the prices of the services that it is offering in such a way that they are available to the guests; it abides by the presented prices; in providing accommodation, the service provider has marked also the amount of the tourist tax in the price lists and placed the price lists at the disposal to the guests in a sufficient number of copies. Moreover, in the tourism facilities within the groups belonging to restaurants and bars, where the guests are offered warm and cold dishes, it must be established that the menus and beverage cards are presented appropriately at the entrance into the tourist facility; the menu lists the dishes and desserts, while drinks and beverages must be stated in the beverage card along with their prices and tax; the menu and the beverage card must be printed in Croatian and at least one world language; the menu and the beverage card must be obligatorily provided to the guest before an order is taken and the dishes, desserts, drinks and beverages stated in the menu and the beverage list must be served if requested by the guest;
  6. The service provider issues a bill to the guest for every provided hospitality service with the designation of the type, quantity and price of the provided service and the approved discount; in providing accommodation services, it indicates the amount of the tourist tax in the bill;
  7. The service provider prevents taking out drinks and beverages in order for them to be consumed outside of the closed areas of the tourism facility from the group of bars that do not meet the conditions for operation during the night (night club, night bar, disco club) and operate from 21.00 to 6.00 hours;
  8. In a tourism facility for accommodation, the service provider keeps the guest book as prescribed;
  9. The service provider enables the service user to make written objections pursuant to a special regulation regulating consumer protection, i.e. in accordance with the provisions of the Consumer protection law;
  10. In the tourism facility for accommodation, guests are ensured against accidents;
  11. The service provider has informed the relevant Ministry of Tourism in writing on the cessation of performing activities in the tourism facility within eight days from the day when the change occurred;
  12. The service provider, providing within the tourism facility services to naturists, has beside the type of the tourism facility also placed a sign indicating that the facility caters to naturists;
  13. When advertising and promoting services and providing messages in commercial business, the service provider uses the designation of the prescribed type and category of the tourism facility, a special standard and designation of quality established by the decision of the relevant Ministry of Tourism;
  14. The service provider provides tourism services established by the decision of the competent Ministry of Tourism;
  15. The service provider does not serve, e. does not permit the consumption of alcoholic beverages in the tourism facility to persons younger than 18 years of age; it must have a visible sign banning serving, i.e. consumption of alcoholic beverages to persons younger than 18 years of age; it must not serve alcoholic beverages in the tourist facility during a certain period of the day if this was prohibited by a representative body of a self-government unit, and
  16. The hospitality facility fulfils the minimum requirements for the type, i.e. category and a special standard.

 

 

When performing inspection supervision of the tourism services within a home (of the landlord) or in a farm, the tourism inspector establishes the following:

 

  1. At the entrance into the facility or in its immediate vicinity, there is a visible and properly placed sign with the designation of the type and category of the facility established by the decision of the competent office;
  2. In each of the facilities, there is the type and category of the facility marked, the prices of the offered services, information on the payment of the tourist tax as well as that the service provider abides by the stated prices;
  3. The norms of food, drinks and beverages must be established for a certain dish, drink or beverage if such services are provided; the services must be provided according to the established norms and the norm must be presented to the guest upon request;
  4. The guest is issued a bill with the type, quantity and price indicated as well as the approved discount for the provided services, for each provided service;
  5. The list of guests must be kept properly;
  6. When advertising and promoting its services and placing messages in the promotional material, the designations of the prescribed type and category of the facility established by the decision of the relevant office are used;
  7. The renter must not provide or sell its accommodation services in rooms, apartments, vacation houses and camps, outside of the premises and its facility against the terms and conditions prescribed by the decision of the representative body of the local self-government unit, directly or by means of other persons that are not registered for mediation in selling accommodation services;
  8. The renter provides accommodation services in rooms, apartments or vacation houses in its ownership, in more than 10 rooms, i.e. 20 beds; the number does not include extra beds;
  9. The renter provides accommodation services in a camp, organised on a land in its ownership, in more than 10 accommodation units, i.e. to more than 30 guests at the same time, not including children younger than 12;
  10. The renter provides breakfast, half-board or full board services to the guests to whom it does not provide accommodation services in a room, apartment or vacation house;
  11. The tourism service provider on a farm at the same time prepares and serves warm and cold dishes, drinks and beverages from predominantly own production for more than 80 guests (trippers);
  12. The tourism service provider on a farm prepares and serves warm and cold dishes as well as drinks and beverages from predominantly own production;
  13. The tourism service provider on a farm at the same time serves must, wine, fruit wine, other wine and fruit wine products, strong alcoholic and alcoholic beverages as well as homemade sliced products from own production in an appropriately prepared part of the residential or business facility, in a closed and covered or in an open area for more than 80 guests (trippers);
  14. The provider of tourism services on a farm provides accommodation services in a room, apartment, rural vacation house in more than 10 rooms, i.e. for more than 20 guests at the same time and/or accommodation services in a camp in more than 20 accommodation units, i.e. for more than 60 guests at the same time; the guests are to be served food, drinks and beverages (breakfast or half-board or full board) from predominantly own production;
  15. The dishes, drinks and beverages served on a farm are typical for the region in which the farm is located;
  16. The minimum conditions for the type and category are met in the facilities in which tourism services are provided, and
  17. Tourism services are provided without any previous notification to the locally competent service of the Tourism Inspection of the Ministry of Tourism.

 

In the implementation of the inspection supervision in the area of tourism activities, i.e. provision of tourism services, the tourism inspector shall ban a legal or natural person from any further performance of tourism activities, i.e. providing tourism services in the part in which they are provided contrary to the decision of the competent body, i.e. Ministry of Tourism until the established shortcomings have been removed.

 

If a hospitality facility or a facility in which certain tourism activities are provided does not meet the conditions prescribed by the Tourism Law and the regulations adopted based on that Law, the tourism inspector will order further removal of the established shortcomings and irregularities defining the term within which the shortcomings and irregularities must be removed; should the shortcomings and irregularities not be removed within a certain period of time, the tourism inspector will ban the tourism activity, i.e. provision of certain tourism services in the facility in which shortcomings and irregularities were established for as long as these shortcomings and irregularities are not removed.

 

Fines for violations established during inspection supervision are prescribed in the minimum amount of HRK 10,000.00 and maximum amount of HRK 150,000.00 for a legal person; and in the minimum amount of HRK 2,000.00 and the maximum amount of HRK 15,000.00 for the responsible person of a legal person and for a natural person.

 

The tourism inspector may charge a fine for violations established based on inspection supervision at the place where the violation took place in the minimum amount of HRK 750.00 and maximum amount of HRK 5,000.00.

When performing inspection supervision of services provided in tourism, the tourism inspector establishes the following:

  1. The terms and conditions, the content and the price of each individual service must be declared and the service provider must abide by these terms and conditions, content and prices;
  2. For each performed service, the user must be issued a bill, a card or a confirmation with a number confirming the payment receipt; copies of such documents must be kept for at least three years from their issue date;
  3. It must be acted with utmost care, according to the rules of the profession and customs (the care of a good businessman);
  4. The book of complaints must be kept in the prescribed way; within five days the stated objections must be submitted to the locally competent service of the Tourism Inspection of the Ministry of Tourism and the objection must be responded to within a term of 15 days from the day of the objection, and
  5. The provision of tourist entertainer services must be provided by a person with the proper business capacity and at least secondary school education.

 

When performing the inspection supervision of services provided by tourist agencies, the tourism inspector establishes the following:

  1. At the entrance into the branch office, i.e. business premises or the premises with a business purpose, there is a visible sign stating the name of the firm and the seat of the tourist agency;
  2. At the entrance into the branch office, i.e. business premises, the working hours are visibly marked and the service provider abides by the stated working hours;
  3. The service provider, in case that it represents other tourist agencies, has declared the capacity in which it acts and which competencies it has;
  4. In all advertising and promotional materials, as well as in all business documents, the firm and the seat and the identification code of the tourist agency are properly marked;
  5. The service provider keeps everything that he found out about the traveller as a business secret and does not, without the traveller’s permission except in cases prescribed by the law, inform anyone of the traveller’s address, place or time of travel, stay, paid price or any names of its travel companions;
  6. The traveller was provided services established in the contract;
  7. The traveller is familiar with the content of the valid insurance contract against any damage that may be caused to the traveller by non-fulfilment, partial fulfilment or unorderly fulfilment of the obligations referred to in the travel package;
  8. The traveller was offered insurance against the consequences of an accident or illness during travel, damage or loss of luggage, voluntary health insurance during the travel and stay abroad, insurance against travel cancellation and insurance covering the costs of assistance and return of the traveller into its place of origin in case of an accident or disease; the traveller must be familiar with the content of the same;
  9. The tourist agency organising the travel (travel package or excursion) or providing the transport service to the traveller uses means of travel in which the travellers are insured against the consequences of an accident and their luggage is covered against loss or damage; it uses tourism facilities in which the service users are insured against the consequences of an accident;
  10. The tourist agency organising the travel (travel package or excursion) uses at least one tour escort, fulfilling the conditions prescribed by the Tourism Law, for each group of 15 to 75 travellers during the entire journey;
  11. For the sightseeing of tourist sites, the tourist agency uses a tourist guide who is authorised to provide tourist guide services for that particular tourist site or place;
  12. The tourist agency has issued a programme, a brochure or a catalogue for each journey that it organises (travel package or excursion), (promotional material – printed or electronic), it provides the traveller with the same before concluding the travel organisation contract and the same, depending on the services, contains the notification on: travel price, destination, means, characteristics and category of transport, accommodation facility type, its location and category and tourist classification according to the law of the country in which the facility is located, the number of daily meals, a travel plan, the amount or percentage of advance payment and the number and amount of the payment instalments for the remainder of the price, border, visa and health formalities with regard to the travel and stay at the destination, the minimum number of passengers necessary for the organisation of the travel and the deadline in which the traveller will be informed of the cancellation of the travel if the number of persons who register for the journey is not sufficient;
  13. The tourist agency organising the travel has ensured for each travel package a deposit with a bank or an insurance company in order to compensate the travellers the paid price of the travel if, due to insolvency or bankruptcy of the tourist agency, the travel services could not be provided and to compensate the expenses that, due to insolvency or bankruptcy of the travel agency, incurred with regard to the return of the travellers into their place of origin;
  14. Upon payment of the amount for the travel package, the tourist agency issues a confirmation on the deposit insurance to the traveller, enabling the traveller to exercise rights to immediate compensation from a bank or an insurance company;
  15. The tourist agency organising the travel (travel package) has concluded an insurance contract with an insurance company against the responsibility for the damage that it would cause to the traveller by non-fulfilment, partial fulfilment or unorderly fulfilment of the obligations with regard to the travel package;
  16. The tourist agency (except for an Internet agency) providing services to travellers directly has a branch office;
  17. According to the type of the provided service, the branch office fulfils the terms and conditions prescribed by the regulation and is a separate business unit with regard to other business premises within the same facility;
  18. The tourist agency providing immediate services has in every of its branch offices at least one employed branch office manager fulfilling all the prescribed conditions; if there is no branch office, there must be at least one employed person fulfilling the terms and conditions of a branch office manager, with full working hours;
  19. It organises or mediates in providing accommodation services only for the accommodation capacity of the tourist service provider with a decision of the competent body for the provision of such services;
  20. The tourist agency that concluded a contract on tourist representation with a tourist representative has informed the service provider in writing on the tourist representative, its authority and any other occurred changes, and
  21. The tourist agency has reported any change in the information (firm and seat of the tourist agency, tourist agency services and the identification code of the tourist agency, town, street and street number of the branch office, i.e. of the business premises or premises of a residential purpose, first and last name, date and place of birth and address of the branch office manager, i.e. of the person fulfilling the conditions to be a branch office manager) to the competent office within eight days from the day when the change occurred.

 

When performing inspection supervision of the tourist guide services, the tourism inspector establishes the following:

  1. The tourist guide services are provided in accordance with the issued permission;
  2. A bill for the provided service is issued to the service user, except in case when the service is provided by a tourist agency or an invoice is issued by the tourist guide association of which the tourist guide is a member, and
  3. The tourist guide, when providing the tourist guide services, visibly carries the tourist guide ID identifying its capacity.

 

When performing inspection supervision of the tour escort services, the tourism inspector establishes that the tour escort, when providing its services, has the certificate of examination establishing its capacity.

 

When performing the inspection supervision in providing the services of a tourist representative, the tourism inspector establishes if the tourist representative, before starting to perform the tasks of the tourist representative, submitted a contract on tourist representation of a tourist agency to the Ministry of Tourism in order to be entered into the Register of tourist representation contracts.

 

When performing inspection supervision in providing services in nautical tourism, the tourism inspector establishes the following:

  1. The services must not be provided contrary to the issued decision of the competent court, and
  2. The conditions for the provision of these services prescribed by the Tourism law and the regulations adopted based on the Law are fulfilled.

 

When performing inspection supervision in providing services on a farm or a family agricultural enterprise, the tourism inspector establishes the following:

  1. The services in tourism must not be provided contrary to the decision issued by the competent court, and
  2. The conditions on the provision of tourist services prescribed by the Tourism Law and the regulations adopted based on the Law are fulfilled.

 

When performing inspection supervision in providing other tourist services, the tourism inspector establishes the following:

  1. They must not be provided contrary to the decision issued by the competent office, and
  2. The service users are insured against consequences of an accident.

 

When performing inspection supervision in providing services in other forms of the tourist offer, the tourism inspector establishes the following:

  1. They must not be provided contrary to the decision issued by the competent office, and
  2. All conditions for the fulfilment of tourist services prescribed by the Tourism Law and the regulations adopted based on the Law are fulfilled.

 

When performing inspection supervision in providing services including sports and recreational or adventurous activities, the tourism inspector establishes the following:

  1. The sports and recreational or adventurous activities are provided by professionally trained personnel, i.e. coaches, instructors, teachers, leaders, guides, etc.;
  2. The service provider has presented the information in writing and verbally informed the service user of the types of risks in performing the service;
  3. The service provider has insured the service users against the consequences of an accident, and
  4. Persons younger than 18 years of age are provided services only with a written approval of their parent or custodian.

 

When performing inspection supervision in providing services in tourism, the tourism inspector will ban a legal or natural person from any further provision of services in tourism in the part in which the services are performed contrary to the decision of the competent Ministry of Tourism until all the established shortcomings have been removed.

 

If the business premises, devices or equipment in which or by which the tourist services are provided do not meet the conditions prescribed by the Tourism Law and other regulations, the tourism inspector will order the removal of the established shortcomings and irregularities, defining the term in which these shortcomings and irregularities must be removed; if the shortcomings and irregularities are not removed within a certain term, the tourism inspector will ban the provision of tourist services in the premises in which shortcomings or irregularities have been established until these shortcomings or irregularities have been removed.

If a tourist agency provides services for which it does not fulfil the prescribed conditions or provides services that are not encompassed by the decision of the competent body, the tourism inspector will ban the tourist agency from providing these services.

 

If a tourist agency organising the travel (travel package or excursion) or providing passenger transportation service does not use means of transport in which the passengers are insured against the consequences of an accident and their luggage against loss or damage, and in case of tourism facilities in which the service users are not insured against the consequences of an accident, the tourism inspector will pronounce a ban on the provision of such services by such tourist agency.

 

Fines for violations established during inspection supervision are prescribed in the minimum amount of HRK 5,000.00 and the maximum amount of HRK 150,000.00 for legal persons; and in the minimum amount of HRK 2,000.00 and the maximum amount of HRK 15,000.00 for the responsible person of a legal person and for a natural person.

 

The tourism inspector may charge a fine for violations established by inspection supervision at the place where the violation was committed in the minimum amount of HRK 200.00 and the maximum amount of HRK 3,000.00.

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