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

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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




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
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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


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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




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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



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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


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
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

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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:

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To strengthen bilateral and cross-border cooperation:

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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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