ITM Posting Audit

By / / 3.5-ton Tachograph and New EU Regulations

ITM Romania does not directly verify whether you have complied with the minimum wage requirements in other countries (Germany, Austria, Italy) based on tachograph data, nor does it perform external wage recalculations. However, the agency does verify whether the company is properly complying with the posting rules within the EU.

During the inspection, the ITM reviews the legal framework in the employment contract (mobility clause), IMI declarations, the consistency of documents (tachograph, CMR, waybills), and how income is structured (salary vs. per diem or posting allowance).

The real risk does not stem directly from ITM inspections, but rather from cooperation with authorities in other countries, which may use this information to impose sanctions. Proper compliance in Romania and well-maintained documentation are essential for avoiding problems at the European level.

ITM Romania Inspection and Remuneration for EU Posting

Question: During an inspection by the Romanian Labor Inspectorate (ITM), do they check whether the company complies with the posting rates for other countries based on the tachograph?

Short answer (key takeaway):

👉 The Romanian Labor Inspectorate (ITM) does NOT directly verify whether you have paid the minimum wage in Germany, Italy, or Austria based on the tachograph.

👉 BUT ITM Romania checks whether you are COMPLYING with the EU posting rules and may take action if it identifies any issues.

In other words:

  • ITM RO does not recalculate on an hourly basis for DE, AT, or IT.
  • But it’s not as if it doesn’t matter.

1. What does ITM Romania actually check?

1.1 The existence of an appropriate legal framework in the CIM

The ITM checks: the workplace (fixed vs. mobile), the existence of a mobility clause, the use of secondment, and the correct designation of services.

1.2 The existence of EU posting obligations

The ITM is checking whether the company is aware that it engages in posting (cross-trade), whether it has established procedures, a designated person in charge, and IMI declarations.

Failure to carry an IMI is also a misdemeanor in Romania.

1.3 Document Correlation

The Labor Inspectorate may request tachograph records, CMRs, pay slips, and CIMs—not for the purpose of calculating external wages, but to verify that the company has handled the situation correctly.

1.4 Nature of the amounts paid

Check whether the salary is disguised as a per diem or mobility allowance and whether the posting allowance is listed as a separate salary component.

2. What ITM Romania DOES NOT do

The ITM does not calculate minimum wages in other countries and does not impose fines for underpayment under the laws of other countries.

These fall under the jurisdiction of local authorities (e.g., ZOLL, LSDB, INL).

3. Where is the real danger?

The danger is indirect, arising from inter-institutional cooperation.

The ITM may share information with other countries, which may lead to inspections and fines.

4. Use of the tachograph

The ITM checks the tachograph solely to verify the existence of external work and the consistency of the documents, not for payroll calculations.

5. What protects you during a check

  • Collective Bargaining Agreement with a mobility clause
  • EU-funded salary increase
  • IMI declarations submitted
  • Clear internal procedure
  • Clear distinction between salary and mobility allowance

Strategic conclusion:

ITM Romania is the gateway; Western authorities are the ones who actually impose sanctions.

The company must be in compliance with Romanian regulations and have thorough documentation in place for external audits.

Frequently Asked Questions About ITM Inspections and EU Posting

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