Labor Law and Workplace Inspection Standards

Inspection of Work

The labor administration body monitors compliance with labor legislation. Inspections are initiated through:

• Own initiative
• Employer applications
• Higher-order directives
• Complaints from any individual

Inspectors may enter the workplace to investigate, revise, or suspend work that does not satisfy safety rules. They are authorized to issue warnings, order liquidations, or address obstructions.

Functions of Labor Inspectors

• Advising employees and employers on their rights and obligations.
• Mediating conflicts.
• Investigating violations within the company.
• Reporting workplace accidents.

Employee Rights in the Workplace

• Effective occupation.
• Promotion and professional training.
• Respect for privacy.
• Protection against harassment based on age, sex, or race.
• Protection against verbal insults (entitlement to compensation upon voluntary termination if rights are violated).
• Timely receipt of wages.

The employer may monitor and control compliance with workplace obligations, provided they respect employee privacy.

Offenses and Sanctions

All sanctions must be issued in writing:

• Mild: 10 days.
• Grave: 20 days from the date the employer becomes aware of the offense.
• Very severe: 6 months, or 60 days from the date of commission.

Sanctions cannot be applied during vacations or breaks, and fines are prohibited as penalties. Permissible actions include suspension without pay or dismissal as a maximum sanction.

Labor Law Principles

Labor law establishes the legal principles and rules governing the relationship between employees, employers, unions, and the state. It guarantees obligations for all parties based on voluntariness, employment, and compensation.

Core Legal Principles

• Minimum Standard Principle: Higher-ranking rules determine the content of lower standards. Lower-ranking rules may improve upon these but cannot diminish them.
• Most Favorable Standard Principle: When multiple standards apply, the one most favorable to the workers as a whole is utilized.
• Most Beneficial Condition Principle: If a new rule imposes worse conditions than those in an existing contract, the previously established, more beneficial condition remains fixed.
• Non-Waiver Principle: Employees cannot waive rights recognized by conventions or legal standards. However, rights established solely by an individual employment contract may be waived.
• Dispositive Principle: New agreements may modify previous ones, provided they extend or improve upon the original terms.
• Supplementary Principle: A specific standard may prevail over a higher-ranking standard in certain contexts.