Labour inspector

A labour inspector is a sworn civil servant who ensures compliance with labour, health and safety standards in the workplace in all businesses operating within their jurisdiction.

An inspector may visit a business at any time, day or night. They have access to the documents required under employment law.

Meeting with employees 

The Inspector has all the necessary means to verify that labour law is being properly applied. During their visits, they must be accompanied by the staff representative; if there is no staff representative, by a workers’ representative.

Checking compliance with labour law 

The inspector checks that the following documents exist and are properly maintained: the employer’s register, the payroll book or register, payslips, employment contracts and the company’s internal regulations.

He must ensure that the employer complies with the rules relating to working hours, health and safety.

 Identifying breaches 

During their visits, they may identify breaches. Minor administrative offences are dealt with directly by the inspector.

For other breaches, the inspector has two options: either to give the employer a chance to rectify the situation by issuing a formal notice setting a deadline, or to draw up a report of the breach, which is forwarded to the courts.

Mediating between parties in dispute:

In addition to their inspection duties, the inspector assists, advises and, where necessary, mediates between the parties in the event of a dispute.

Conciliation reports are countersigned by the labour inspector and a copy is forwarded to the employment tribunal.

Once endorsed by the labour inspector and signed by both parties, the conciliation report becomes legally binding.

What should be done if the inspector does not authorise the company to carry out overtime?

The company may appeal to its line manager to ask the labour inspector to reconsider their decision.

Alternatively, the company may apply to the administrative court to have this decision set aside.

Terminology

Duty of confidentiality 

The labour inspector must not reveal to the employer the identity of the person on whose behalf they are carrying out an inspection. Nor must they disclose any trade secrets of which they may have become aware during their inspections.

Discretionary powers  

In certain areas, the labour inspector may authorise the employer to derogate from the law (for example, night work by women in industry between 10 pm and 5 am).