Who triggers a labor inspection?
It is possible for both the employee and the employer to contact the labor inspection. The reasons for this call are as follows:
- Notification for undeclared work
- Implementation of a new company policy (individualized schedules and internal regulations)
- Procedure for mutual termination for employee and dismissal of a protected employee.
The following situations also allow both employees and employers to call upon a labor inspector.
- Problem between employer and subordinate
- Illegal working hours, illegal working conditions and health and safety issues
- A harassment or racism problem
- Non-compliance with internal regulations
To call upon the labor inspection, it is possible to contact the DREETS. There will be labor inspectors working there permanently. But as usual, it is the role of staff representatives to call upon a labor inspector.
How does a labor inspection visit take place?
In France, there are more than 400 labor inspectors and more than a thousand agents. Therefore, it is possible to call upon a control agent or a labor inspector, the former for a company with fewer than 50 employees and the latter for more.
The labor inspector announces their visit, but they can also show up without notice. As usual, a labor inspector will inform the company manager in advance of their visit. Additionally, the inspector must be accompanied either by a company manager, a staff delegate, or a simple employee.
No matter the reason for the labor inspection visit, the visit will not exceed 30 minutes. During this time, the inspector will review documents, but in serious cases, the visit duration could last 2 to 3 hours.
In companies with several employees, there could even be multiple visits. The labor inspector is not even required to inform about upcoming visits because they have the right to come and go as they please as long as they have information to gather.
What are the powers of the labor inspection?
The labor inspector resolves disputes by facilitating dialogue.
In a company, the labor inspector is the one who understands the work environment. They will then be able to act as a mediator of social conflicts within the company.
They will also resolve disputes and internal malfunctions and operational problems within the company.
The labor inspector has the power to enforce compliance with labor law legislation. Whether they are control agents or inspectors, their role is to ensure that the legislation (namely the labor code, collective agreements, and accords) is respected.
These law representatives will then verify that staff institutions, health, and safety are all in proper order.
Labor inspectors can also check:
- If there have been any discriminations or violations.
- If there have been any moral and physical harassments.
- If there have been any financial crimes and/or undeclared work.
After noting any issues in the course of work, in social relations, and respect for rights, the labor inspector is required to inform the public prosecutor.
Why does the labor inspection visit?
One wonders if there are specific cases in which the labor inspector or control agents can visit? These law representatives will travel and intervene when there is non-compliance with legislation:
- We are talking about cases of non-compliance with the minimum wage (SMIC), collective agreements and inter-company agreements, wage discrimination, …
- Inspectors also intervene to note excessive working hours and undeclared work.
- Finally, it is the inspector’s role to note possible discriminations within a company.
- On the other hand, it is possible that a labor inspector will act as a advisor to employees and employers for the conduct of work in compliance with the labor code.
- If necessary, the labor inspector may request that the internal regulations be modified.
- However, if it concerns cases of disputes or poor execution of the employment contract, the inspector has no jurisdiction. Nevertheless, if one of the employees or the employer calls on him, he is obliged to act as a mediator so that a legal procedure is not used.
FAQ
The first option is to make a request to the staff representatives so that they contact the inspection on your behalf.
The second option is to make a request to the inspection by sending a registered letter with acknowledgment of receipt; your personal information would be kept confidential.
When the labor inspection is contacted, it sends control agents to verify the application of the legislation. This concerns both the health and safety of workers as well as the proper functioning of the company.
It is necessary to ensure that social dialogue is well prioritized so that the control protocol proceeds smoothly. Moreover, the control agents will only intervene in areas where they find difficulties.
The reason for this visit is to verify the application of labor legislation. This concerns social aspects, hygiene, health, and safety.
