In which cases should the labor inspector be used?

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:

• Application for authorization of a conventional break or a dismissal of a protected employee
• Request for derogation from maximum working hours
• Placement of an operating deviceindividualized timetable in the absence of a staff representative
• Request for derogation from the rules of youth work
• Transmission of the rules and regulations of the company

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

• Need for information or advice on a statutory rule

• Non-compliance by the employer with the regulations concerning conditions and working time, of staff health and safety for example
• Harassment, discrimination within the company
• Non-compliance with the ban on smoking on the company's premises

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

• Need for information or advice on a statutory rule
• If he considers that the conditions for the exercise of his mandate are not complied with
• Non-compliance by the employer with the regulations concerning conditions and working time, of staff health and safety for example
• Harassment, discrimination within the company
• Non-compliance with the ban on smoking on the company's premises
• Infringements of certain rules governing student work placements

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.