A conflict between an employer and an employee, health issues, racism, etc. These are the reasons for poor social relations in a company. What to do in the face of these problems? How to involve law representatives? We answer you in this article:
Why call on the labor inspectorate?
Both entities within the company (employer and employee) have the right to call on the labor inspectorate in case of the following issues:
- The employee believes that the internal regulations regarding their working conditions have not been respected by the employer. These conditions are obviously: working hours, health and safety conditions, etc.
- The employee fears that their work or that of other employees within the company could be dangerous.
- There is a dispute between an employer and their subordinate.
- There are cases of recurring harassment, whether moral, sexual, or discrimination.
- Non-compliance with current legislation in the company (internal regulations, collective agreements, and labor code)
What are the powers of the labor inspectorate?
Given that the labor inspectorate is composed of labor inspectors and control agents, their prerogatives are:
- Having the ability to ensure that labor legislation is followed and that violations do not occur within the company
- Informing and advising both employees and employers on the legislation to follow, on their rights and obligations.
- Ensuring that conflicts between employees and employers are resolved, the labor inspectorate will act as a mediator and thus ensure that social dialogue takes place.
How to make a report to the labor inspectorate?
If an employee wishes to refer a matter to the labor inspectorate, they must have reasons such as: a desire to protect a member of the company. To contact the control agent, they must contact the DIRECCTE of the region where the company is located.
To find the contact details, normally, they are displayed within the premises. The company is legally required to post the contact information of the labor inspectorate it depends on.
If not, that is, if there is no posting, the DREETS or DIRECCTE of the region can be contacted. There will be labor inspectors who work there permanently. They are authorized to inspect potential problems in the company.
What is the role of the labor inspectorate?
The inspection service ensures the effective application of legal provisions through two main functions:
- ensuring the application of the law
- Providing information and advice to employers and workers. These inspection, information, and advisory tasks are closely linked and often occur together.
FAQ
The Labor Inspection monitors compliance with labor legislation by identifying and investigating violations and taking enforcement actions. The Inspection contributes to the swift resolution of certain complaints regarding breaches of labor laws.
An employee or employer can also contact the Labor Inspection in the following cases:
• Conflict between employer and employee
• Non-compliance with regulations concerning working conditions and hours, health and safety of personnel.
• Harassment within the company
The labor inspection helps the employee to report illegal actions within their workplace. As a result, this employee may see a reduction in working hours if the maximum working time is less than the hours worked. This is also the case for a proposed dismissal of a protected employee or for an investigation into a mutual termination agreement.
