Sunteți pe pagina 1din 11

The organisation of

labour inspection in France

Labour inspection within the


Ministry of Labour
Ministry of Labour and Employment

Ministry of the Economy

DIRECCTE (Regional)
Direction Rgionale des Entreprises, de la Consommation,
de la Concurrence, du Travail et de lEmploi
(Regional Department for Business, Consumer spending,
Competition, Labour and Employment)

Territorial subdivision (dpartement)


Centre 3E
Businesses
Employment
Economy

Centre C
Centre T
Labour policy
Labour inspection

Competition
Consumer spending
Fraud prevention

The administrative organisation


of labour inspection

Each dpartement of France is divided geographically into several


labour inspection Sections

A labour inspection Section is composed of:

One Labour Inspector


One or more Labour Controllers

Labour inspectors (numbering 775 in 2010) are responsible for


overseeing businesses with more than 50 employees

Labour controllers (numbering 1482 in 2010) are responsible for


overseeing businesses with less than 50 employees

Labour inspection officials

French Law, Article L.8112-1


Labour Inspectors are responsible for ensuring the provisions
of the Labour Code are applied, as well as the other legal
provisions concerning the work regime, together with what is
specified in collective work protocols and agreements, etc.
They are also responsible, in conjunction with the police
authorities, for recording breaches of these provisions and
specifications.

French Law, Article L.8112-5


Labour Controllers, who are responsible for carrying out
checks, investigations, and other duties within the framework of
labour inspection, do so under the authority of Labour
Inspectors.

Labour inspection duties

Checks and interventions in the workplace

Support,
coordination
and cooperation

Labour
inspection

Early-warning and proactive role on


legal matters

Advice and Information for


employers and employees

Areas of intervention of
labour inspection officials

Labour relations

Individual working relations

Women and children


Foreigners
Home working
Models, Performers, Journalists, Trainees
Handicapped workers

Employment checking

Internal procedure
Different types of work contracts (part-time, fixed-period, etc.)
Assisted contracts

Individual status

Trade Union rights and Worker Representation

Social environments
Assistance and systems for integration

Legal requirements

Wages and salaries


Working times, rest periods and holidays
Equality at work
Working conditions (safety and health at work)

Advisory duties of
labour inspection officials

Notification of observations when checks are being carried out


Dissemination of information and advice during hours open to the public
Participation in national and local programmes of awareness and information
Participation in priority actions specified by the central administration and
inspection campaigns
Participation in the labour inspection communication programme
Participation in the development of practical guides, leaflets and flyers
As required: settling of labour disputes, systemic support, participation in
training courses as instructor, coordination and cooperation with professional
associations and trade unions

Powers of labour inspection officials

Right of free access and movement in all workplaces without


prior notice (except in inhabited premises where agreement of
occupant required), including when employer is not present, at
any time of day or night
Right to question the employer and workforce
Right to pass on certain documentation required for the checking
Right to obtain identity
Right to interview (concealed working only)
Right to take samples of materials and substances

Means of restraint by
labour inspection officials

Formal notice (four types: pre-citation, related to periodic


verification, formal notice of the Departmental Director, and
others)
Court referral (where required in order to remove a genuine risk
of physical injury for a worker)
Citation
Administrative sanctions (temporary halting of works or activities,
and others)

Labour Policy priorities

The combating of illegal employment

Combating all forms of concealed employment


Combating fraudulent use of special status
Combating fraud connected with postings in the context of
supplying international services
Combating undocumented employment of foreigners

Prevention of deferred risks


Appraisal of risks at work
Insecure work
The establishing, operation, and reinvigoration of organisations
representing the workforce

Priorities concerning the


supplying of international services

To penalise fraud connected with postings in the context of


supplying international services:

To strengthen bilateral and cross-border cooperation:

Detect false postings;


Combat the use of false self-employment;
Require application of the regulations on postings
Organise joint checks;
Develop common tools (glossaries, shared information sheets, etc.);
Facilitate better knowledge of the regulations

To improve information for foreign service-providers and for


employees on postings

S-ar putea să vă placă și