Working conditions within a company are always subject to several regulations. In this regard, to ensure the application of labor law, the labor inspection assists employers and employees in various situations. As you can understand, in case of breach or dispute, you can contact the labor inspection to obtain all the necessary answers. We cover the topic for you!
What is the role of the labor inspection?
The labor inspection provides advice and informs the various stakeholders of a company. Indeed, it can be of great help to both the employee and the employer.
It is thus a facilitation of access to rights for everyone within a professional framework and environment. This entity is therefore intended to ensure compliance with labor laws.
Role as facilitator between employees and employer
In the professional environment, dialogue can sometimes be difficult; the labor inspection thus aims to establish a framework conducive to communication by intervening within a company.
It can intervene in several situations: disputes, collective conflict situations… Furthermore, if employer-employee negotiations are underway within the company, the labor inspection can also help resolve the situation.
Legal labor law controller
The Labor Code is a legislative document that must be taken into account by both the employer and the employee in order to establish better working conditions.
Along the same lines, resorting to labor inspection is a mandatory process to organize work within a company. Thus, it is important to contact this entity to approve a mutual termination agreement or during a dismissal.
The role of the informer
Besides the missions that require on-site visits, the labor inspection can also assist both the employer and the employee if they wish to learn more about their rights.
As you can see, you can also obtain all the information you may need by contacting the labor inspection.
How to contact the labor inspection?
Now that you know the role played by the labor inspection in a professional setting, you are probably wondering how to contact the labor inspection? That said, to do things properly, we first want to briefly remind you of the areas of intervention of the labor inspection.
In this regard, you can approach the labor inspection if:
- You are a victim of moral harassment
- You are facing discrimination
- You suspect illegal elements in your work
- Your employer is carrying out an unfair dismissal
- You are being dismissed and you are protected
Now that this first point is clarified, know that there are three ways to get in touch with the labor inspection: via email, via telephone hotlines, or by sending a letter.
What are the missions and powers of the labor inspector?
As we mentioned earlier, the primary mission of the labor inspection is to ensure compliance with employee rights and the rules contained in the Labor Code. In this regard, to carry out its work properly, the labor inspection has certain rights and powers, especially during its field visits.
As you can understand, generally, a labor inspector can conduct inspections on their own initiative, without waiting for a member of the company to contact them.
In any case, if your company is subject to labor inspection, you will need to know the investigative powers of the control agents. To carry out the work assigned to them, a labor inspector can thus:
- Enter the company and conduct a visit, without being obliged to provide prior warning.
- Enter the premises used to house workers.
- Conduct an investigation and request documents or interview employees.
- Take samples of certain products used or distributed.
- Request proof of identity from workers in order to combat undeclared work.
- Use accredited organizations that can verify the condition of equipment and premises.
Along the same lines, to properly conduct their investigations, labor inspectors may also request to see certain documents related to the company: registers, books, and other paperwork required by the Labor Code. These should allow verification of whether the provisions of the Labor Code are being followed.
Moreover, speaking of control methods, the rights of control agents can be summarized in a few points.
- Right of visit and entry
- Right to investigate
- Right to take samples
- Right to access documents
How does a labor inspection intervention take place in the company?
The first thing to remember is that labor inspection control agents can freely come into the company as soon as it is subject to the legislation. Similarly, to ensure that the working conditions are proper within a company, the labor inspection also has the right to audit employees and conduct examinations and investigations.
The prerequisites
With more than a thousand control agents, the labor inspection can deploy its inspectors throughout France as needed. However, depending on the number of employees the company has, two scenarios can be distinguished.
- For a company with fewer than 50 employees, the intervention is carried out by a control agent.
- For a company with more than 50 employees, the intervention is carried out by a labor inspector.
The visit
As mentioned earlier, a labor inspector can drop in unannounced at your company. That said, it is often the case that they take the time to inform the employer before their arrival. Even better, in most cases, the inspector asks to be accompanied by the company head during the visit. If not, a staff representative can also take the employer’s place.
Generally, a visit lasts 30 minutes, but this can vary depending on the reasons for the intervention and the company’s sector of activity. During these 30 minutes, the inspector inspects, visits, and takes the time to discuss. It can also happen that they request to consult documents.
Finally, if the company is of a considerable size, it may sometimes be necessary to split the visit into several phases. In other words, the labor inspector may, during their first visit, focus on a particular department and come back to concentrate on other points. In the latter case, nothing obliges them to inform the employer of their next visit, as they have a permanent right of inspection.
Post-visit
After their visit, the inspector is required to write a letter of observation addressed to the employer. This letter can cover several aspects of the company, but most often, it is a formal notice to take action regarding a particular issue. For example, this may concern the need to review certain work equipment, perform maintenance, or respond to non-compliance with certain laws.
To correct the situation, the employer will be granted a period of 8 days to two months according to article L 231-4 of the Labor Code.
Thereafter, the company may use an approved organization to assist with the requested adjustments. Depending on the necessary changes, it is still possible to negotiate an extension of the deadline, without however breaching the law.
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What are the rights and obligations of the employer and the employee during the intervention of the labor inspection?
As you might have suspected, during the visit of the labor inspection, both the employee and the employer also have rights and obligations.
The obligations of the employer
As the head of the company, the employer is responsible for the proper conduct of the visit. They are thus obliged to grant the labor inspection access to the company premises. Likewise, they must also provide the necessary documents to allow an adequate verification of legislative standards.
Finally, for the visit to proceed smoothly, employees must also be informed of the visit.
The obligations of the employee
The obligations of the employee are relatively less significant compared to those of the employer. Indeed, apart from their right to information, the employee can request a report of certain violations, without putting themselves in a dangerous situation.
Finally, within the framework of an investigation, the employee’s rights allow an employee to request the assistance of the staff representative.
How to report a problematic situation to the labor inspection and what are the steps to follow to file a complaint?
Reporting a situation that may be problematic should not cause fear, either among salaried staff or employers. Indeed, labor controllers and inspectors are there to assist you and try to resolve a company’s problems. As you probably know, their interventions mainly concern the employment relationship:
- Collective or individual relations
- Employment conditions and working conditions
Furthermore, the labor inspection aims to ensure compliance with the Labor Code, starting from the basic obligations regarding the safety and health of employees (physical or mental).
If you need to report an incident and/or file a complaint with the labor inspection, here is the procedure to follow.
Referring the labor inspection for an inspection
Logically, you can only file a complaint after an initial inspection. Thus, to refer the labor inspection in case of an offense or breach, you must request that an inspection be carried out.
The first step is therefore to contact the Regional Directorate for Economy, Employment, Labor and Solidarity (Dreets). To do this, you have several options: contact them by mail, by email, or request a physical appointment.
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