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Labour Inspectorate

Labour Inspectorate. EQUINET SEMINAR. SITUATION TEST LAW IN BELGIUM. Didier HENRARD, Labour Inspector - Advisor. 17th October 2018. WELCOME !. OUR ORGANIZATION. Part of the FPS Employment, Labour and S.D. Among other administrations Labour Inspectorate :

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Labour Inspectorate

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  1. Labour Inspectorate

  2. EQUINET SEMINAR SITUATION TEST LAW IN BELGIUM Didier HENRARD, Labour Inspector - Advisor 17th October 2018

  3. WELCOME !

  4. OUR ORGANIZATION • Part of the FPS Employment, Labour and S.D. • Among other administrations • Labour Inspectorate : • What we do : inspecting work and salary conditions • What we don’t do : inspecting technical and medical conditions (devoted to another administration : Well-being Inspectorate) • My tasks : • advisor for general affairs • Supervisor for regional offices (french-speaking) • Coordinator for discrimination matters

  5. DISCRIMINATION ACTS • 10/05/2007 : Gender act : against discrimination between men and women • 10/05/2007 : against other forms of discrimination : based on age, sexual orientation, handicap, religious or philosophical conviction/belief, … • 30/07/1981 : against discrimination based on racism and xenophobia • These are federal acts ; there may be regional acts (ordinances) too, but more restricted (in scope) • Scope : work relationships, i.e. hiring, recruiting (criteria, ...), work conditions (salary, several advantages, ...) and dismissal (criteria, ...)

  6. NEW : SITUATION TEST LAW • Not a new law, but a new article added in the Social Criminal Code (art. 42/1) : in force from April 1st, 2018 • Introduced as « particular investigation powers for labour inspectors in the specific matter of discrimination » • October 2018 : it has not yet been used/applied • Why ?

  7. Strict framework • Definition : the social inspector has the power to introduce himself as a (potential) customer or (potential) employee to check if a discrimination has been or is being committed • Framework : 3 cumulative requirements

  8. 1st requirement • The labour inspectorate must have received objective signs of discrimination, as a result of a complaint or a reporting => no fishing expedition. • We receive these reports or complaints either directly or on behalf of specialized institutes such as Unia and/or the Institute for Equality between Man and Woman

  9. 2nd requirement • The complaints/reportings must be backed by datamining or datamatching results • Problem : the labour inspectorate has no capacity for such testing and must rely on other administrations to perform these analyses (e.g. National Institute for Social Security)

  10. 3rd requirement • The inspector in charge of such an investigation could commit an offence by using a false identity or using forgery • The law requires that, prior to the investigation, a magistrate must give a written agreement to perform this investigation • In order to do so, the college of magistrates had to write up a general and national directive which will give the precise requirements, demands and procedures

  11. When ? • This general directive has not been signed yet • Difficulty with the situation test and mystery calls : they are related to “particular investigation powers” which are generally performed by the police, and not by labour inspectors • This requires a special training • A group of experts is still working on this directive…

  12. To be continued… • Thank you very much for your attention ! • See you maybe next year for the next episode…

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