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Chapter III: Prerogatives and means of intervention

Article R8113-1 of the French Labour Code

Employers, other than those in the agricultural professions, shall make available to the Labour Inspectorate, at the head office of their establishment, a list of their building sites and other temporary workplaces. They shall inform the Labour Inspectorate in writing of the opening of any worksite or other place of work employing at least ten employees for more than one week.

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Article D8113-2 of the French Labour Code

When a decree, issued in application of article L. 8113-6, after consultation with representative employers’ and employees’ organisations, provides that the employer may use an alternative medium for the keeping of certain registers, this medium shall be designed and kept in such a way as to ensure that all mandatory information is available without difficulty of use or understanding and without risk of alteration. It is presented under the same…

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Article D8113-3 of the French Labour Code

In the case of automated processing of nominative data for the purpose of keeping a register, the employer or the person responsible for the processing must provide proof to the Labour Inspectorate inspectorate that a receipt has been issued certifying that the prior declaration required by law no. 78-17 of 6 January 1978 on information technology, files and freedoms has been made.

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Article R8113-3-1 of the French Labour Code

For the application of the provisions of articles L. 124-8, L. 124-10, L. 124-13, L. 124-14 and the first paragraph of article L. 124-9 of the Education Code, the host organisation or educational establishment shall, at their request, provide the Labour Inspectorate with a copy of the training agreement signed with the trainee.

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Article R8113-3-3 of the French Labour Code

The right to obtain documents or information from third parties as defined in Article L. 8113-5-2 is exercised, in the context of an investigation into one or more offences constituting illegal employment, by Labour Inspectorate control officers on duty, either in the national monitoring, support and control group provided for in Article R. 8121-15, or in one of the regional support and control units set up under Article R. 8122-8….

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Article R8113-4 of the French Labour Code

The Labour Inspectorate official’s formal notices and requests for verification are notified to the employer in writing, either by hand-delivery against receipt, or by registered letter with acknowledgement of receipt.

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Article R8113-6 of the French Labour Code

The findings of the Labour Inspectorate inspection officer in an establishment of the State, a local authority or one of their public administrative establishments are recorded in a special register provided by the administration concerned or sent to the director of the establishment, who appends them to this register. A copy of these observations is sent to the Regional Director of Companies, Competition, Consumption, Labour and Employment.

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Article R8113-7 of the French Labour Code

The director of the establishment shall inform the regional director of companies, competition, consumption, labour and employment, within one month, of the action he intends to take on the observations of the labour inspector. A copy of this letter is attached to the special register in which the Labour Inspectorate’s observations appear.

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