In which cases should the labor inspector be used?

Verified 24 May 2023 - Legal and Administrative Information Directorate (Prime Minister)

The Labor Inspectorate is responsible for ensuring the proper application of labor law.

In this capacity, it informs and advises employers, employees and employee representatives on the provisions applicable to their situation and carries out checks at the workplace.

In what situations can they contact the labor inspectorate?

We're doing an update on the regulations.

The tasks of the labor inspectorate are as follows:

  • Inform : facilitating access to the law leads to better compliance with laws and rules
  • Counselor : adapting information to employers and employees on the provisions applicable to their situation
  • Reconcile : acting as mediator between employer and employees in a labor dispute
  • Check : checking the application of labor law (health, safety, representation of staff, hours of work, illegal work, etc.)

The labor inspectorate also has the power to decision. In some situations, the employer must obtain permission before taking action.

The employer must inform the labor inspectorate or ask for permission before acting, in particular in the following situations:

An employee may contact the labor inspectorate in the following situations:

  • Need for information or advice on a statutory rule

A staff representative may contact the Labor Inspectorate in the following situations:

An employer may contact the labor inspectorate in the following situations:

  • Need for information or advice on a statutory rule
  • Supervision of the labor inspection within the company or receipt of a letter from the labor inspection
  • Willingness to facilitate social dialog in the company
  • Wishes to inform the Labor Inspectorate about the situation of the company.

The labor inspectorate can mediate disputes collective within a company, at the request of the parties (strikes, blocking during negotiations, etc.).

No, because labor inspectors are not judges of the employment contract. They do not intervene in the individual disputes.

They do not have jurisdiction, for example, to adjudicate disputes arising from the employer's disciplinary authority, the payment or calculation of salary, the request to take paid leave, etc.

Labor inspectors are also not competent to settle a dispute between an employee and an individual employer.

In these situations, to refer the matter to the labor council.

The employer must display within the company the contact details of the competent labor inspectorate and the name of the official in charge of the company.

The contact details of the labor inspectorate can also be found by using the link below:

Yes, the employee can contact the labor inspectorate directly. He is not obliged to inform his employer or a staff representative.

No, the employee cannot be sanctioned by his employer for contacting the labor inspectorate.

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