labor inspection
LexInter | April 25, 2002 | 0 Comments

LABOR INSPECTION

Article L611-1

(Law n ° 82-957 of November 13, 1982 art. 11 Official Journal of November 14, 1982)

(Law n ° 83-635 of July 13, 1983 art. 12 Official Journal of July 14, 1983)

(Law n ° 92-1336 of December 16, 1992 art. 242 Official Journal of December 23, 1992 in force on September 1, 1993)

(Law n ° 2001-1066 of November 16, 2001 art. 1 V Official Journal of November 17, 2001)

Labor inspectors are responsible for ensuring the application of the provisions of the labor code and of non-codified laws and regulations relating to the labor regime, as well as those of collective labor agreements and agreements meeting the conditions set out in Title III of book 1 of said code. They are also responsible, in conjunction with the agents and officers of the judicial police, to ascertain, if any, any infringements of these provisions.
They also note violations of the provisions of Articles L. 431, L. 472, second paragraph, and L. 473, first paragraph, of the Social Security Code as well as the offenses defined in 3 ° and 6 ° of article 225-2 of the penal code.
In the cases expressly provided for by law or regulation, these powers may be exercised by assimilated control officials.
   A decree countersigned by the Minister in charge of labor and by the Keeper of the Seals, Minister of Justice, determines the methods of monitoring the application of the provisions of this code to employees of public and ministerial offices, liberal professions, civil societies , professional unions and associations of any kind.

Article L611-2

(inserted by Law n ° 73-4 of January 2, 1973 Official Journal of January 3, 1973)

For State establishments in which the interests of national defense are opposed to the introduction of foreign agents into the service, the execution of the provisions of Book II of this code is exclusively entrusted to the agents designated for this purpose. by the minister responsible for national defense.
   The nomenclature of these establishments is set by a decree in the Council of State.

Article L611-3

(inserted by Law n ° 73-4 of January 2, 1973 Official Journal of January 3, 1973)

The labor and workforce inspectors are responsible concurrently with the sworn inspectors of the paid vacation funds and the judicial police officers to ensure the execution of article L. 731-11 of this code.

Article L611-4

(Law n ° 73-4 of January 2, 1973 Official Journal of January 3, 1973)

(Law n ° 73-623 of July 10, 1973 Official Journal of July 11, 1973)

(Law n ° 92-496 of June 9, 1992 art. 2 Official Journal of June 10, 1992)

In establishments subject to technical control by the ministries responsible for public works, transport and tourism, the powers of labor and manpower inspectors are entrusted to officials belonging to this department, who are placed for this purpose under the authority of the Minister in charge of labor, except for general interest railway companies, local interest railways, public car transport companies, air transport and work companies and companies other than aeronautical construction companies carrying out their activity on aerodromes open to public traffic.
The previous paragraph is not applicable to stevedoring companies in seaports.

Article L611-5

The monitoring of steam or gas pressure devices remains ensured under the conditions set by the law of October 28, 1943 and by the texts adopted for its application.

Article L611-6

(Law n ° 76-1106 of December 6, 1976 Official Journal of December 7, 1976)

(Law n ° 82-957 of November 13, 1982 art. 11 Official Journal of November 14, 1982)

(Law n ° 83-635 of July 13, 1983 art. 13 Official Journal of July 14, 1983)

(Law n ° 85-772 of July 25, 1985 art. 61 Official Journal of July 26, 1985)

(Law n ° 92-1336 of December 16, 1992 art. 242 Official Journal of December 23, 1992 in force on September 1, 1993)

(Law n ° 2001-1066 of November 16, 2001 art. 1 VI Official Journal of November 17, 2001)

Labor inspectors under the authority of the Minister of Agriculture are responsible for ensuring the application to agricultural professions of those of the provisions of the Labor Code and of the non-codified laws and regulations relating to the labor regime which are applicable to these professions.
They are also responsible for ensuring the application of the provisions of collective labor agreements and agreements meeting the conditions set out in Title III of Book 1 of the said code, which concern agricultural professions.
   They note the breaches of the provisions indicated above, of the general prevention provisions that have been the subject of an extension decree of the Minister of Agriculture as well as of the specific preventive measures made compulsory by decree of the Minister of Agriculture. agriculture for all employers in a specific professional sector.
They also note the offenses defined in 3 ° and 6 ° of article 225-2 of the penal code.

They have the same rights and obligations as labor inspectors.


Article L611-7

(Law n ° 73-4 of January 2, 1973 Official Journal of January 3, 1973)

(Law n ° 85-772 of July 25, 1985 art. 62 Official Journal of July 26, 1985)

(Law n ° 92-1336 of December 16, 1992 art. 333 Official Journal of December 23, 1992 in force on September 1, 1993)

The Minister in charge of labor may entrust doctors with temporary special missions concerning the application of the provisions relating to worker hygiene.
   The Minister may also charge engineers, as defined by Articles 153 et seq. Of the Code of Technical Education, with temporary missions concerning the application of the provisions relating to the safety and health of workers.

The consulting physicians and consulting engineers of the labor inspectorate enjoy, for the performance of these missions, the rights granted to inspectors by article L. 611-8.

When the prevention engineers of the regional labor and employment departments provide technical support to labor inspectors in their controls, investigations and missions, they therefore enjoy the right of entry and the right of sampling provided for in the article L. 611-8. They may have the registers and documents provided for in Article L. 611-9 presented to them, when they relate to health, safety and working conditions. They are required not to reveal manufacturing secrets and, in general, the operating procedures of which they may become aware in the performance of their duties. Any violation of these obligations is punished in accordance with article 226-13 of the penal code.


Article L611-8

(Law n ° 73-4 of January 2, 1973 Official Journal of January 3, 1973)

(Decree n ° 73-1046 of November 15, 1973 Official Journal of November 21, 1973)

Labor and workforce inspectors have entered all establishments where the rules set out in the first sentence of the first paragraph of Article L. 611-1 are applicable in order to ensure surveillance and the investigations for which they are responsible.
They have also entered the premises where home workers carry out the work defined in Article L. 721-22.
   However, when the work is carried out in inhabited premises, the inspectors cannot there enter only after having received permission from the occupants.

Together with the judicial police officers and the inspectors and agents of the repression of fraud, they have the capacity to proceed, for the purposes of analysis, to all samples relating to the materials used and the products distributed or used. In order to note the infringements, these withdrawals must be made in accordance with the procedure established by the decrees taken in application of the law of August 1, 1905 on the repression of fraud.


Article L611-9

(Law n ° 85-772 of July 25, 1985 art. 64 Official Journal of July 26, 1985)

(Law n ° 93-1313 of December 20, 1993 art. 35 II Official Journal of December 21, 1993)

(Law n ° 97-210 of March 11, 1997, art. 21 Official Journal of March 12, 1997)

(Law n ° 98-546 of July 2, 1998 art. 8 III Official Journal of July 3, 1998)

(Law n ° 2001-1066 of November 16, 2001 art. 1 VII Official Journal of November 17, 2001)
   During their visits, labor inspectors may be presented with all the books, registers and documents made compulsory by this code or by a provision of law or regulation relating to the labor regime.
Labor inspectors can have any document or piece of information communicated to them, whatever the medium, useful for establishing facts likely to establish the existence or absence of a breach of the articles. L. 122-45, L. 123-1 and L. 412-2 of this code and of article 225-2 of the penal code.

Article L611-10

(Law n ° 73-4 of January 2, 1973 Official Journal of January 3, 1973)

(Decree n ° 73-1046 of November 15, 1973 Official Journal of November 21, 1973)

(Law n ° 89-488 of July 10, 1989 art. 10 Official Journal of July 14, 1989)

Labor inspectors, labor controllers and assimilated control officials record violations through reports which are authentic until proven otherwise.
These minutes are drawn up in duplicate, one of which is sent to the prefect of the department and the other is filed with the public prosecutor’s office.
In the event of an infringement of the provisions relating to working hours, a third copy is drawn up and given to the offender.
   * Note – Labor Code L. 611-12-1: provisions applicable to inspectors of social legislation in agriculture. *

Article L611-11

(Law n ° 92-1336 of December 16, 1992 art. 333 Official Journal of December 23, 1992 in force on September 1, 1993)

Labor and workforce inspectors take an oath not to reveal manufacturing secrets and, in general, operating procedures of which they may become aware in the performance of their duties.
Any violation of this oath is punished in accordance with article 226-13 of the penal code.

Article L611-12

(Law n ° 73-4 of January 2, 1973 Official Journal of January 3, 1973)

(Law n ° 89-488 of July 10, 1989 art. 11 I and II Official Journal of July 14, 1989)

(Law n ° 92-1336 of December 16, 1992 art. 333 Official Journal of December 23, 1992 in force on September 1, 1993)

The labor and workforce controllers responsible for controls, investigations and missions within the framework of the labor inspectorate exercise their competence under the authority of the labor inspectors.
   The labor and workforce inspectors have entered all the establishments mentioned in the provisions which the labor and workforce inspectors are responsible for carrying out and may, under the same conditions as the inspectors, obtain the registers and documents provided for by the regulations in force.

Labor and workforce controllers are required not to reveal manufacturing secrets and, in general, operating procedures of which they may become aware in the performance of their duties.

Any violation of these obligations is punished in accordance with article 226-13 of the penal code.

* Note – Labor code L. 611-12-1: provisions applicable to the inspectors of social laws in agriculture. *


Article L611-12-1

(Law n ° 89-488 of July 10, 1989 art. 11 III Official Journal of July 14, 1989)

(Law n ° 91-1414 of December 31, 1991 art. 14 IV Official Journal of January 7, 1992 in force on December 31, 1992)

The provisions of Articles L. 231-4, L. 233-5-2, L. 611-10 and L. 611-12 are applicable to the inspectors of social laws in agriculture placed under the authority of the labor inspectors mentioned in Article L. 611-6.
The inspectors of social laws in agriculture have the same rights and obligations as the labor inspectors.

Article L611-13

(Law n ° 90-9 of January 2, 1990 art. 10 Official Journal of January 4, 1990)

(Law n ° 91-1383 of December 31, 1991 art. 25 Official Journal of January 1, 1992)

(Law n ° 97-210 of March 11, 1997 art. 22 Official Journal of March 12, 1997)
   The provisions of this chapter do not derogate from the rules of common law relating to the recording of offenses by officers and agents of the judicial police.
As part of the preliminary investigations carried out for the investigation and observation of the offenses provided for in Articles L. 324-9 and in the first paragraph of Article L. 341-6 of the Labor Code, the assisted judicial police officers, if applicable If necessary, judicial police officers, may, by order of the president of the tribunal de grande instance in whose jurisdiction the places to be visited are located or of a judge delegated by him, issued at the request of the public prosecutor, proceed to home visits, searches and seizure of evidence in the workplaces mentioned in Articles L. 231-1 of the Labor Code and 1144 of the Rural Code, including in those not sheltering employees, even when they areis inhabited premises.
The judge must verify that the request for authorization submitted to him is based on facts suggesting the existence of the offenses for which proof is sought.

Article L611-14

(Law n ° 85-772 of July 25, 1985 art. 67 Official Journal of July 26, 1985)
 

(Law n ° 91-1414 of December 31, 1991 art. 14 V Official Journal of January 7, 1992 in force on December 31, 1992)
   The formal notices provided for by this code or by the laws and regulations relating to the employment regime and the requests for verification provided for in Article L. 233-5-2 are notified in writing to the employer or his representative either by hand delivery against discharge, or by registered letter with acknowledgment of receipt.
The time limit for executing formal notices, like the time limits for appeal, starts either from the date of delivery of the notification, or from the day of the first presentation of the registered letter.

Article L611-15

(Law n ° 85-772 of July 25, 1985 art. 65 Official Journal of July 26, 1985)
 

(Law n ° 97-210 of March 11, 1997 art. 19 Official Journal of March 12, 1997)
   The agents of the General Directorate of Taxes and the General Directorate of Customs are competent to investigate and record, by means of reports sent directly to the public prosecutor’s office, infringements of the provisions of Article L. 125-1. To make this observation, the aforementioned officers have the investigative powers granted by the specific texts applicable to them.

Article L611-15-1

(inserted by Law n ° 97-210 of March 11, 1997 art. 23 Official Journal of March 12, 1997)
   The agents of the General Directorate of Customs are competent to search for and record, by means of reports sent directly to the prosecution, infringements of the provisions of Article L. 341-6. To this end, they have the investigative powers provided for by the texts applicable to them.

Article L611-16

(inserted by Law n ° 91-1414 of December 31, 1991 art. 15 Official Journal of January 7, 1992 in force on December 31, 1992)
   Customs inspectors and controllers, competition and consumer commissioners, fraud law enforcement inspectors, competition, consumer and fraud law enforcement inspectors, mining engineers, mining engineers, industry and mines have the power to establish, outside the places of use of the work equipment and means of protection concerned, by means of reports sent to the public prosecutor’s office, violations of the provisions of article L. 233- 5 and I and III of article L. 233-5-3 committed during one of the transactions mentioned in II of article L. 233-5.

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