What are the powers of the social inspection services?
The powers of social inspectors are broad and are set out in considerable detail in the law. A high-level summary of key powers is set out below.
Access to workplaces
Social inspectors may, in the performance of their duties, freely enter all workplaces or other premises subject to their supervision, or where they may reasonably suspect that persons are employed who fall within the scope of the legislation they oversee. In other words, subject to the relevant rules’ framework, they have free access to workplaces.
This power must, however, be understood with nuance. Access only relates to places connected to the performance of work or to the inspection’s control duties. It is therefore not an unlimited right to enter any space indiscriminately. In practice, inspectors will focus on areas where employees are actually present or where relevant work is being performed. However, a reasonable suspicion that people are employed at a given location is sufficient for inspectors to gain access.
Upon arrival, the inspector will normally identify themselves and present their official credentials. It is advisable to always verify their credentials and to check in what capacity and within which framework the inspection is being carried out.
Stricter rules apply to residential premises. The term “residential premises” is interpreted broadly and includes any place used as a residence or dwelling, even if it is partially used for professional purposes. Exceptions are limited and mainly arise in specific legal situations, such as with the consent of the occupant or based on authorization issued by an investigating judge.
Conduct interviews
Inspectors have the right to interview individuals in the context of their investigation. During an interview, questions may be put to the employer, employees, or other people involved. Interviews may be conducted on site, by invitation at the offices of the inspection services.
When statements are formally taken, a number of basic safeguards apply. At the start of the interview, it is communicated, among other things, that statements may be used as evidence and that the person may request that questions and answers be recorded verbatim.
When providing answers during an interview, it is typically advisable that they are factual, clear, and carefully formulated. If you are unsure about something, it is acceptable to say so and, where appropriate, refer to your payroll office or administration for verification.
The person being interviewed also has the right to consult documents during the interview and to request that documents be added to the file. After the interview, they are given the opportunity to read the statement and, if necessary, correct it. In principle, a copy of the interview can be obtained, either immediately or within a certain period.
When the interview relates to facts that may have criminal consequences, assistance of a lawyer plays an important role. In that case, confidential consultation with a lawyer must be possible beforehand, and the interview may be postponed to safeguard this right.
Access to data carriers and documents
Inspectors may consult all relevant data carriers that are useful for their inspection. This includes both paper documents and digital data.
In concrete terms, this includes, among other things, employment contracts, payroll records, work schedules, work regulations, and internal policy documents. In addition, digital systems, software, and databases may also be consulted if they contain information relevant to the inspection.
Inspectors may request that data be provided in a readable and usable format, ask for explanations about the systems used, and obtain access to relevant files or databases. They may review and analyse this data and, in certain cases, make or request copies.
It is therefore important that your administration is orderly, complete, and accessible, so that you can respond quickly and accurately to requests from the inspection services.
Other powers
Inspectors may also use additional powers to support their investigation.
For example, they may take photographs and video recordings when they consider this necessary in the context of their inspection. This may serve, for instance, to document findings or to analyse situations afterwards.
They may also, where deemed useful, seal rooms or cabinets. This is done to prevent information or materials from being altered, removed, or made inaccessible during the investigation.
Furthermore, inspectors have broad powers to exchange information. Subject to relevant rules, they may share the information they collect during their investigation with other public authorities and inspection services. This cooperation between administrations means that a finding made during one inspection may, in certain cases, have consequences within a broader administrative or enforcement framework.