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1 The principal powers of labour inspectors in Belgium.

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Presentation on theme: "1 The principal powers of labour inspectors in Belgium."— Presentation transcript:

1 1 The principal powers of labour inspectors in Belgium

2 2 Judicial basis Convention 81 of the International Labour Organisation (ILO) The Criminal Social Code of 6-6-2010 Specific missions (e.g. human trafficking)

3 3 A two-part mission enforcement Investigation and reporting to the judicial authorities of criminally-punishable breaches of social law prevention Information, advice, conciliation They have twin powers to issue warnings or make reports and discretionary power, specific dispensation from the Code of Criminal Procedure

4 4 Labour inspectors can enter and investigate places of work freely, without prior warning, both at day and at night, on any sites where they suspect work is being carried out, Except in “inhabited areas”

5 5 Labour inspectors can collect information Question anybody who needs to be interviewed, either alone, together or in the presence of witnesses Take the identity of anyone who needs to be interviewed using official or non-official documents Request the issuing, without having to visit, of any documents imposed by the legislations they supervise or that they deem necessary for the fulfilment of their mission Take extracts, duplicates, copies, etc. Make seizures, in return for a receipt or place under seal. Record evidence using photographs, films or videos

6 6 Labour inspectors can provide information Of their own accord to other public services in a broad sense Must provide information requested by other labour inspection services Permission necessary from the judicial authorities in order to provide the information collected as part of the stipulated duties Duty of confidentiality regarding personal medical data

7 7 Labour inspectors have the right to… Search for information held by any public service and obtain copies free of charge Use the material evidence found by social inspectors from another service with jurisdiction in the same matters with their probative force in order to draw up a Pro Justitia report Request assistance from law enforcement agencies

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