The organisation of labour inspection in France 13/12/2011 EN

January 5, 2018 | Author: Anonymous | Category: Social Science, Political Science, International Relations
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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 Régionale des Entreprises, de la Consommation, de la Concurrence, du Travail et de l’Emploi (Regional Department for Business, Consumer spending, Competition, Labour and Employment)

Territorial subdivision (département) 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 ‘département’ 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

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