A National Labor Inspectorate Council shall be established with the Minister of Labor. It shall contribute, through its advisory functions to the Minister, to the performance of the tasks and safeguards of the labor inspectorate, as defined in particular in Conventions Nos. 81 and 129 of the International Labor Organization On labor inspection and the Labor Code.

  • Having regard to Convention No. 81 of 11 July 1947 and Convention No. 129 of 25 June 1969 of the International Labor Organization on Labor Inspection;
  • Having regard to the Labor Code, in particular Title I of Book VI;
  • Having regard to Decree No. 90-665 of 30 July 1990, as amended, relating to the organization of the central administration of the Ministry of Labor, Employment and Vocational Training and the Ministry of Solidarity, Health and social protection ;
  • Having regard to Decree No. 94-1166 of 28 December 1994 on the organization of the deconcentrated services of the Ministry of Labor, Employment and Vocational Training;
  • Having regard to Decree No. 97-364 of 18 April 1997, which amended the special status of the body of labor inspectors;
  • Having regard to Decree No. 2003-770 of 20 August 2003 on the special status of the Labor Inspectorate;
  • Having regard to Decree No. 2006-1033 of 22 August 2006 on the establishment of the Directorate-General for Labor in the Ministry of Employment, Social Cohesion and Housing;
  • Having regard to Decree No. 2006-781 of 3 July 2006 laying down the conditions and procedures for the payment of expenses incurred in connection with the temporary movements of civilian civil servants;
  • Having regard to the opinion of the Joint Ministerial Joint Technical Committee of 19 October 2006;
  • Having regard to the opinion of the Joint Ministerial Technical Committee (Transport Equipment) dated 23 November 2006;
  • Having regard to the opinion of the Joint Ministerial Technical Committee (Agriculture) of 12 January 2007, Decrees :

Article 1

A National Labor Inspectorate Council shall be established with the Minister of Labor. It shall contribute, through its advisory functions to the Minister, to the performance of the tasks and safeguards of the labor inspectorate, as defined in particular in Conventions Nos. 81 and 129 of the International Labor Organization On labor inspection and the Labor Code.

Article 2

The National Board of Labor Inspection may be seized by any official involved in the inspection activities of the labor inspectorate of any act of an administrative authority which would be likely to directly and personally infringe the conditions under which he Able to exercise its mission. After the file has been examined and subject to the admissibility of the referral, the council shall issue a reasoned opinion, which shall be forwarded to the Minister responsible for labor and, where appropriate, to the minister responsible to the officer and notified to the officer. The opinion shall also be addressed to the Joint Administrative Commission of the interministerial body of which the officer is responsible.

The Minister for Labor or another Minister in charge of a labor inspection service may also refer the matter to the Council for any question of a general nature concerning the observance of the duties and guarantees of the labor inspectorate. The opinion shall be sent to the Ministers and communicated to the appropriate Joint Technical Committee.

The duties of the board do not affect the competencies of the joint bodies as defined by the laws and regulations.

The council shall draw up an annual activity report. This report is public.

Article 3

The National Council of Labor Inspection is composed of:

1. A State Councilor appointed by the Vice-President of the Council of State;

2 ° An advisor to the Court of Cassation appointed by the first President of the Court of Cassation;

3. An Inspector-General for Social Affairs appointed by the Head of the General Inspectorate of Social Affairs;

4 ° A member of the labor inspectorate performing the functions of regional director or regional manager. The ministers responsible for agriculture, transport and labor shall, each in their own right, arrange for the appointment of a member by the College of Regional Directors or Regional Heads of the Inspection Unit Work under their authority; The member appointed by the department that initiated the referral to the council sits on the council;

5 ° A labor inspector proposed by the staff representatives elected to the joint administrative committee of the interministerial body of labor inspectors;

6. A labor inspector proposed by the staff representatives elected to the joint administrative committee of the interministerial body of labor inspectors.

The members of the council are appointed by a joint decree of the ministers responsible for labor, transport and agriculture.

Article 4

The term of office of the members of the National Board of Labor Inspection is three years. It is renewable once. If, during the term of office, a member of the board ceases to hold office, his successor’s term of office is limited to the remainder of the term.

Article 5

The National Board of Labor Inspection shall draw up rules of procedure, which shall be approved by order of the ministers concerned. It elects its president, in its midst, at each triennial renewal. In case of incapacity, resignation or for any other reason preventing the President from completing his term of office, his replacement shall be appointed under the same conditions for the remainder of the period.

Article 6

The secretariat of the Board is provided by the Director General of Labor or his / her representative.

Article 7

The functions of a member of the National Council of Labor Inspection are free of charge. Travel expenses are compensated in accordance with the decree of 3 July 2006 referred to above.

Article 8

Decree No. 83-135 of 24 February 1983 establishing a National Board of Labor Inspection is repealed.