A visit by the Labour Inspector
Published on :
12/11/2024
12
November
Nov
11
2024
Labour Inspectors may visit a company's premises at any time, without having to provide prior notice and without requiring permission to enter the premises. Labour Inspectors do not have to justify the reasons for their visit.
What should you do if the Labour Inspector decides to pay you a visit?
DO
> Greet the Labour Inspector in a courteous and professional manner. The Labour Inspector is a public official whose role includes monitoring compliance of labour law in the workplace.
> Ask for identification: a Labour Inspector must present their professional card.
> Ask for information on the purpose of the visit: the Labour Inspector must inform you of the purpose of their visit (compliance check, investigation, complaint, etc.).
> Accompany the Labour Inspector during their visit and document their requests: make sure the Labour Inspector is accompanied at all times,and take note of their requests and questions, what information you were able to provide during the visit and what further information remains to be provided.
> Cooperate: it is important to cooperate with the Labour Inspector while also ensuring that the company’s and employees rights are respected. If you have any doubts with regards the legality of the visit and/or requests, ask the Labour Inspector to clarify on what legal basis they are acting and/or consult an employment lawyer.
> Ask for identification: a Labour Inspector must present their professional card.
> Ask for information on the purpose of the visit: the Labour Inspector must inform you of the purpose of their visit (compliance check, investigation, complaint, etc.).
> Accompany the Labour Inspector during their visit and document their requests: make sure the Labour Inspector is accompanied at all times,and take note of their requests and questions, what information you were able to provide during the visit and what further information remains to be provided.
> Cooperate: it is important to cooperate with the Labour Inspector while also ensuring that the company’s and employees rights are respected. If you have any doubts with regards the legality of the visit and/or requests, ask the Labour Inspector to clarify on what legal basis they are acting and/or consult an employment lawyer.
DON'T
- Deny access to company premises: the Labour Inspector has a right to enter the workplace to monitor compliance of labour law in the workplace. Refusing a Labour Inspector access or preventing them from carrying out their work may result in sanctions.
- Refuse to provide requested documents: if the Labour Inspector requests certain documents (e.g. employment contracts, health and safety documentation, working hour records, etc.), failure to provide them by the set deadline may be considered as a failure to cooperate and may result in sanctions.
- Lie, falsify documents or obstruct the Labour Inspector’s questionning of employees. Any such attempt could result in sanctions.
- Underestimate the importance of complying with the Labour Inspector's instructions: if the Labour Inspector makes certain observations or formally notifies you of the need to take certain measures, it is important not to ignore them. Failure to act on the Labour Inspector's recommendations can lead to more severe penalties (fines, prosecution, even partial or total closure of the company in the event of serious breaches).
History
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