Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Labour Inspection Convention, 1947 (No. 81) - France (Ratification: 1950)

Other comments on C081

Observation

Direct Request

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The Committee notes the information supplied by the Government in its report on the limitation of mediation and conciliation tasks for labour inspectors in French Guiana, Martinique, Réunion and St. Pierre and Miquelon (Article 3(2) of the Convention), cooperation between the labour inspectorate and the judicial authorities (Article 5(a)), and the body of expertise constituted by accredited technical specialists or bodies to which labour inspectors can have recourse for the performance of inspections (Article 9).

Articles 3(1) and (2), 5(a) and 17 of the Convention. Additional duties assigned to labour inspectors. Inspection of foreign workers in an irregular situation. Referring to its previous comments, the Committee notes the information supplied by the Government to the effect that European Union Directive 2009/52/EC of 18 June 2009 was transposed into French law by Act No. 2011-672 of 16 June 2011. The Government indicates that, apart from the provisions concerning action against irregular immigration and the observance of migrants’ fundamental labour rights, this Act reinforces protection of the social rights of undocumented foreigners readmitted to their country of origin. The administrative penalties that may be incurred by employers of undocumented foreign workers have been increased. The Committee requests the Government to provide statistical information on cases where the rights of foreign workers who have been in an irregular employment situation have been restored, in the context of application of the abovementioned Act. It also requests the Government to provide details of the procedure followed in these cases, and also on the role of labour inspectors in this procedure, particularly where these workers are subject to a deportation or expulsion order.

Combating illegal employment in French Guiana. Referring to its previous comments, the Committee notes the Government’s indication that despite the fact that action against illegal employment is a major area of intervention for labour inspectors, the necessary steps are taken to ensure that all inspection staff can accomplish their tasks with a view to enforcing the legal provisions relating to conditions of work and the protection of workers while engaged in their work. These staff members not only perform inspections but also engage in pedagogical activity and the evaluation of occupational risks, and conduct joint inspections with the General Social Security Fund.

Articles 7 and 10. Ministère fort (strong ministry) reform. Training and promotion of labour supervisors. Labour inspection staff. The Committee notes that in the context of the employment transformation plan (2013) in the wake of the Ministère fort (strong ministry) reform, aimed at promoting labour supervisors to the rank of labour inspectors after a six-month training period, a professional examination for labour inspectors has been opened to labour supervisors. The Committee requests the Government to provide information on the impact of the implementation of the Ministère fort reform on the labour inspectorate, particularly on the structure of the inspection system, conditions of service, the number and powers of inspection staff, and the resources at their disposal.

Article 18. Safety of labour inspectors. Obstruction in the performance of their duties. The Committee notes with concern the Government’s indication that there were over 100 requests for in-service protection for labour inspection staff in 2012, whereas the number had been between 70 and 85 between 2007 and 2012. The situations giving rise to these requests fell into four categories: verbal abuse (52 per cent); threats and intimidation (30 per cent); death threats (9 per cent); and violence (9 per cent). There is a fundamental link between aggression during a workplace inspection and an attempt to evade or obstruct the inspection. Cases of physical assault result in immediate mobilization and quasi-systematic criminal and civil proceedings. Faced with these situations, the State relies on mechanisms of consistent judicial, psychological and organizational support based on Act No. 83-634 of 13 July 1983 establishing the rights and obligations of civil servants, supplemented by circulars and notes. Safety instructions are also given to inspection staff, as are certain instruments to promote due protection and an appropriate response, such as a mobile phone, a card including the phone number of the authorities to be informed immediately, a procedure for filing complaints, and an immediate medical examination. The Committee requests the Government to continue to provide information on cases of aggression against labour inspection staff and on the judicial follow-up to such situations, and also to provide details of penalties imposed under this Article of the Convention in cases of obstruction of labour inspectors in the performance of their duties. It also requests the Government to continue supplying information on any steps taken to reinforce protection for labour inspectors.