Employment rights
These are derived from 4 sources, the first two being the most
important:
- Laws and secondary legislation gathered together in what is
called the Code du Travail, the labour code.
- Collective agreements and other accords signed by the representative
organisations of employers and employees, at the level of the
sector as a whole (for wage scales in particular) and of the individual
company. A company agreement may not provide terms more disadvantageous
than those provided by law or by the agreement covering the sector
in question, except in respect of working hours.
- The internal regulations of the company, drawn up by the employer
(as governing health and safety, or discipline).
- Local custom and practice (as regards certain days off, for
example).
Contracts of employment between the employee and the enterprise
is defined by four sources – the law, the collective agreement,
company regulations and local custom and practice, as above.
There are several forms of employment contracts:
- The normal form is the contrat à durée indéterminé
(CDI), an open-ended contract that can be terminated at any time
by either party, subject to certain conditions varying with seniority,
the nature and scale of the lay-off, the sector (notice, compensation,
assistance with job-seeking etc.).
- There are also various forms of fixed-term contract (contrat
à durée déterminé – CDD) covering
temporary or part-time work and work-experience schemes for the
young or the unemployed.
In the latter case, the contract must in writing (and include various
obligatory details), while for the open-ended contract the law requires
only a written document to be produced on recruitment, with the
name of the employer and the date and time of the recruitment.
In all cases, a pay-slip (with various obligatory details) must
be provided.
Pay: Income from employment generally consists of a basic
salary, often supplemented by bonuses, profit-sharing and benefits
in kind.
The salary fixed by the employer must conform to certain legal
provisions and to the terms of relevant collective agreements: an
hourly minimum wage (SMIC) is laid down by the government and the
minimum rate for the job is laid down in the collective agreements
(often ignored).
The basic salary is paid monthly, the other elements not. For most
professional and managerial staff, their pay includes an element
that varies with performance and the individual case.
Overtime is paid when the legal working week is exceeded, except
when working time is calculated in terms of a global annual figure
(see below).
There are various kinds of bonuses, the most common for professional
and managerial staff being the payment of an additional month’s
salary (the 13th month) at the end of the year, performance-related
pay, and payments related to family events.
Increases for length of service are becoming more and more rare.
Bonuses are obligatory where they are provided for in the collective
agreement or in the contract of employment.
Two other elements come into play in businesses employing more
than 50 people:
- Compulsory profit-sharing. This payment is sometimes supplemented
by the optional performance-related scheme available to businesses
of all sizes.
- Bonuses and services provided by the Works Council as part
of the social benefits provided by the business to its employees.
Finally, certain professional and managerial staff (top-flight
specialists, employees of high-tech firms) may be offered stock
options, and in very large companies, all employees may be offered
the opportunity to buy shares at advantageous prices.
For salary levels, the APEC gives some data according to occupation
– around 60 occupational groups are listed. This information
is given alongside jobs offered, in the press or in the APEC services,
or at the point of professional and managerial staff enrolment in
the APEC scheme. This data by occupational group is given as a median
salary and a scale showing the upper and lower deciles.
They are also differentiated into two regions of employment –
Ile de France (around Paris), or elsewhere in France. They are also
divided into the four large employment sectors. They are not found
directly on the APEC website, but
you can ask for them.
Other statistics are given by magazines, derived from different
studies, but they are not very reliable. They are often concerned
only with the salaries of professional and managerial staff in large
enterprises.
Working hours are determined by the employer, on condition
that they do not infringe the many relevant provisions of the law
or of collective agreements.
The legal working week (35 hours for businesses of more than 20
employees, still 39 for smaller businesses until 1st January 2002)
serves only as a standard of reference for the calculation of paid
overtime.
The average working week for employees in the private sector is
40 hours, and for their professional and managerial staff, 48 hours.
Part-time work is also regulated, on the basis of equality with
full-time work.
In general, hours are determined by the employer and posted at
the workplace, to apply to all with the exception of certain professional
and managerial staff and some workers on individual schedules.
Since January 2000, professional and managerial staff have been
divided into three categories for the purposes of the regulation
of working hours:
- cadres dirigeants, top professional and managerial staff who
are excluded from all regulation of working hours, except for
annual holidays and maternity leave;
- cadres aux horaires collectifs, professional and managerial
staff on collectively-determined hours, employed in a unit for
which the hours applicable to all are fixed by the employer. To
these apply, as to other employees, the legal provisions on overtime
(in principle, no more than 130 hours a year), the maximum working
day (10 hours) and the maximum working week (44 hours averaged
across any 12 weeks);
- cadres au forfait, professional and managerial staff who contract
for a maximum period of work over the year, where this is specifically
provided by the company agreement. (When calculated over a week
or a month, such a provision is not obligatory). The maximum period
may be determined either in hours or days. In the first case the
contract lays down the number of hours to be worked in the year,
and the rules applying to overtime and maximum working periods
apply.
In the second case, when the period is defined in days, there
is a legal maximum of 217 days; the rules on overtime and maximum
working hours do not apply (except for a daily minimum of 11 hours
rest per day, and a continuous period of 35 hour per week), but
the agreement may provide limits on the variation of hours.
Employees have a right to holidays, paid by the
employer, calculated on the basis of the period employed in the
previous year (from 1st June to 31st May): two and a half working
days per month worked, giving 5 weeks of annual leave.
There are also 11 bank holidays in the course of the year, generally
not worked and paid for by the employer. Other types of leave, paid
or otherwise, are also provided for, for family events in particular.
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