Questions / Answers on the Labour Code

This mission is the responsibility of temporary or temporary employment agencies which are authorized agencies to perform this activity on the condition of “hiring employees to make them available to a third party called” the user ” who fixes their duties and supervises their execution “(Articles 477 (c) and 495).

In this capacity, the temporary employment company is subject to the conditions governing this activity and to the control of compliance with the conditions specific to these contracts.

In this respect, it is necessary to distinguish between contracts concluded with temporary work agencies and ordinary service contracts concluded between two companies for the purpose of performing ordinary functions such as guarding, cleaning and maintenance performed by workers. who are not bound by any legal relationship with the companies where they do their work.

The apparatus responsible for labour inspection oversees the application of the provisions of the Labour Code (Article 532), which leads it to control all enterprises subject to labour law, to receive their employees and to assist the parties to enable them to comply with the law, or even to resolve their individual conflicts in addition to the recording of the offenses and subsequent prosecution.

The main changes to the duties of the labour inspectorate relate to:

• Attempts at conciliation in individual labour disputes and the transaction about them (Articles 4 and 532).
• The extension of part of their prerogatives to inspectors and engineers in charge of labour inspection and to the possibility of medical inspectors to examine workers (Article 535).
• Conciliation in collective labour disputes involving a single undertaking (Article 552).
• The finding of “the infringement of the operation of the company” in cases of violence by employees, an employer or his representative for the purpose of verbalization (Article 39).
• The direct transmission of the record of the finding of offenses to the court (Article 539).
• The control of the application of collective agreements (Article 128).