Checks by the regional labour inspectorate
The Inspection régionale de l'Emploi (regional employment inspection) monitors the application of the law governing employment of foreign nationals.
It conducts investigations prior to the issuance of work permits. It conducts unannounced workplace inspections and checks that workers that need to have a work permit do actually have one. The Inspection régionale de l'Emploi also notifies employees and employers of their rights and obligations and ensures that the legal provisions are being respected.
The means at the Inspection régionale de l'Emploi's disposal
Inspection régionale de l'Emploi agents are entitled to issue warnings, set a deadline for complying with legislation or formulate a statement. As part of their duties, they are particularly permitted to:
- enter all workplaces at any time of day or night, without prior notice (to investigate, ascertain the identity of persons, question them, and seize documents against a receipt);
- seize or place under seal real estate property when such is necessary to prove observed offences;
- call for police assistance.
Inspection régionale de l'Emploi agents also have a number of obligations, notably in terms of confidentiality:
- They must guarantee the confidentiality of personal details that become known to them in the course of their duties. These details may only be used for purposes allowed for by these duties;
- they must not divulge the name of a whistleblower or any person who makes a complaint, even before the courts, without the explicit permission of this person;
- they must also not divulge to the employer or the employer's representative the fact that an investigation has been made following a complaint.
The worker that I would like to employ already has a type-B work permit. Am I covered?
The type-B work permit must have been awarded for a position within your company and not for a previous employer. Contrary to the type-A and type-C work permit, the type-B work permit is specific to one employer.