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The Olympic minute – episode 6

BCTG Avocats

Published on 15 July 2024 at 11h22

Reading time 2 minutes

Alert on the websites of companies partnering the Olympic Games or hosting service providers for the Games
Some guidelines in the event of a visit by the labor inspectorate

Unannounced visits are possible, with inspections focusing on illegal work, employment fraud, maximum working hours, employment conditions for young workers and foreign workers;

Anticipate this possible visit:

  • Identify the Labour Inspector,
  • Appoint a company representative at each site,
  • Inform Human Resources in the event of a visit, the start of an investigation or a letter,
  • Designate an HR contact who can centralize any requests and take over if necessary,

Labor inspector’s prerogatives:

  • Visit any Company premises, temporary sites or facilities occupied by the Company, without prior request or information,
  • Conduct on-site investigations, interviewing employees, contractors and temporary workers, and requesting their identity and address,
  • Take samples of products distributed or used,
  • Call in approved organizations to check the condition of premises and equipment.

How to anticipate the work inspector’s requests:

  • Prioritize responses according to the purpose of the request or visit (form and deadline),
  • Anticipate the availability of employment contracts, service contracts (in particular SIPSI declarations, obligation of vigilance), commercial contracts, employees, foreign workers, seconded workers, subcontractors and temporary workers,
  • Document the working hours of employees subject to this obligation (hours worked, public holidays, Sundays and days off),
  • Document the safety instructions to be applied in accordance with the DUERP,
  • Ensure the availability of internal regulations, the DUERP (which is up to date and takes into account the specific features of work organization during working days, if applicable), all posters, coordination plans, etc.

The labor inspector’s decision-making powers:

  • Observations reminding of the rules in force
  • formal notice to comply with regulations
  • Requests for technical inspections
  • Official reports for criminal offences, forwarded to the Public Prosecutor
  • An immediate decision to temporarily halt part of the work or activity.
  • Communication with other authorities, in particular URSSAF.

Note: the CSE and CSSCT may also be consulted by the labor inspector in connection with these inspections.

Contact

Sabine De Paillerets

Antoine Beauquier

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