In fact, involving the labor inspectorate primarily means not allowing any abuse in the workplace. That is to say, it ensures that employees are within their rights and that their rights are respected. Furthermore, a labor tribunal is there primarily to allow employees to defend themselves against abusive employers or those who do not respect rights. So, what differentiates the two administrations? And how can we use them? We will detail each organization little by little and then distinguish the situations in which you can refer to the labor inspectorate or the labor tribunal.
The Labor Inspectorate
The first reason to contact the labor inspectorate is to facilitate dialogue within a company
First, a labor inspector must know the environment inside the company. That means they will act as an interlocutor between the two protagonists (employee and employer) in case of a dispute. Moreover, it should be known that you need to contact the labor inspectorate when the institutions representing the staff have difficulties or when there is a collective conflict. Finally, the labor inspectorate can also act as a mediator when the employee and employer cannot agree.
The second reason to involve the labor inspectorate is when it is necessary to check whether labor law is being respected within the company.
This obviously includes compliance with the labor code, collective agreements, and also respect for workers’ health and safety. Furthermore, it should be known that the agents working in the labor inspectorate have the prerogative to enforce the decrees governing the labor code to both employer and employee.
The Labor Tribunal
When we talk about the labor tribunal, we know it is an entity that will resolve all disputes arising from private law employment contracts. Moreover, the labor tribunal’s function is to reconcile the conflicting parties before resorting to the judge. But when situations are urgent, a particular procedure must be followed to obtain a decision.
When referring to the labor tribunal, both parties may request to be assisted by a union representative or a staff representative.
So, should one address a particular labor tribunal?
Indeed, the competent labor tribunal will be the one located in the region where the company requiring its services is based. Furthermore, if it concerns work outside the establishment (such as for home workers), the request must be made by the employee themselves before the labor tribunal closest to their home.
But regardless of where the workplace is located, the referral to the labor tribunal must be near the company’s registered office in question. Therefore, the employment contract must include clauses about the possibility of appealing to a tribunal.
