Most other countries have at least one form of external workplace inspection, such as the UK’s Health and Safety Executive. Yet few wield as much power as the French labour inspector (inspecteur du travail).
The labour inspector’s authority is enormously extensive. Their name and contact details must be displayed in every French company, in a place that is easily accessible to all employees (such as a main noticeboard or break room). Company inspections may be performed as a result of employee or CSE complaints or unannounced checks, which are common.
(Note that simply failing to display or update the labour inspector’s contact details in the correct manner is itself a violation, which can result in fines).
The rights and powers of the French labour inspector are summarised as follows:
1. Right of entry
The labour inspector has the legal right to enter any French company with at least one employee, at any time of the day or night and without notice, to carry out their inspection duties. They are also entitled to visit home-working employees (with their consent) if these employees are doing work that could pose a risk to their health and safety.
In some cases, the inspector will ask to be accompanied by the head of the company (or their representative) on the visit. While the employer does not have to accept this request, accompanying the labour inspector is a useful opportunity to gain information and advice that may help the company better comply with its legal obligations.
If the labour inspector is refused entry or access to the company, the employer will be guilty of the offence of obstruction. This carries a punishment of up to one year’s imprisonment and a significant fine.
2. Right of communication
During their visit, the labour inspector may request the following:
- Books, registers and documents made compulsory by the French Labour Code or have legal significance, such as payslips, employment contracts, and the DUERP risk assessment document.
- Other documents or information that prove the company’s compliance with various anti-discrimination provisions, and/or workplace health and safety regulations.
Since this information is often requested immediately and without warning, French employers are advised to store and file the relevant documents (in both physical and digital forms) in clear, easy-to-find places from which they can be easily retrieved.
3. Right of access and enquiry
The labour inspector may request samples of materials used, as well as products distributed or used in the company, for external analysis. Additionally, they can ask questions of the employer and/or selected employees, either alone or with witnesses present, and perform checks on their identities.
Due to their extensive power, the answer to whether French employers should be wary of the labour inspector is “oui”. Yet it should be acknowledged that the inspector’s role is not confined to enforcement and penalties.
The labour inspector can also provide experienced, knowledgeable technical support and advice that helps the company meet its legal obligations and prevent accidental breaches. Where necessary, they may also act as an objective third-party mediator in workplace disputes. First and foremost, their work is designed to safeguard business operations and ensure a fairer, safer workplace for everyone.
This means that a visit from the French labour inspector should not be feared, as long as it has been anticipated and all the documentation is in order.
Our Viridian HR team can help prepare your French company for compliance and offer bespoke, bilingual HR support that meets your business needs.
To learn more and arrange your free initial consultation, please do not hesitate to get in touch.