Undeclared work, non-payment of dues, mobbing. As the chronicles testify, these are just some of the injustices to which working people around the world are subjected daily. In France, the body responsible for monitoring the fairness of working conditions is the company inspectorate.
Inspection in the company – what it is and what it does
The Labor Inspectorate is a body of the Ministry of Labour, made up of civil servants with the title of judicial police officers, with the specific mission of controlling and monitoring labor law.
If there is illegitimacy or injustice in your workplace, you can file a complaint with the labor inspection service in your region or on the website inspectiondutravail.eu. Some of the most common complaints include:
- The employment of undeclared workers or workers with irregular contracts,
- Non-payment of wages;
- Non-payment of dues;
- Non-compliance with what is indicated in the salary envelope;
- Non-compliance with working hours, which go beyond those established by the contract;
- Moral harassment suffered.
In all these cases, the law provides for heavy penal and administrative sanctions against the employer.
You can file a complaint with the labor inspectorate in your province. You must provide the following data to the responsible official:
- Qualification and functions performed;
- Company data;
- Manager details;
- The contract under which you are employed (obviously if you are working illegally you cannot provide this);
- Your latest payslips;
- All documentary evidence;
- The contact details of any witnesses (work colleagues, customers, suppliers, etc.).
- The inspector then writes a report which he has you sign.
Filing a complaint is a crucial step. Before filing a complaint, try to gather as much evidence as possible. The presence of one or more witnesses is very useful. The inspection takes charge of your request and begins a phase, called conciliation, between you and your employer, with the aim of bringing the parties to reach an agreement. At this stage, it is advisable to be followed by a lawyer you trust, or by a union.
Unfortunately, some workers, despite being victims of injustices or working in irregular situations, refuse to report them, for fear of reprisals and job loss. And this, despite the fact that the Ministry of Labor itself sanctions the fact that the declarations of workers must remain secret. On the secrecy of these statements, case law has also ruled in favor.
Your declaration remains secret, in the sense that the inspection is not authorized to let your employer know that it was you who reported the irregularity. However, when you file your complaint, you must leave your identification data, which will not be disclosed.
If, however, you do not feel comfortable, no one forbids you to make an anonymous report, without leaving your details, for example by e-mail or letter. In this case, however, the inspection is not obliged to carry out checks, this remains at its discretion.