French Labour Law

8 STEPS TO HIRE IN FRANCE

Cécile Beilvaire -

Whatever your legal form is (another topic here), that’s it ! The process of reshearch your new employee(s) is done and you think that the hardest part is behind you….

Not quite yet.

In order to hire your new employee, you will have to face the meanders of the French administration.

So be careful.

Here are the 8 steps to take :

1. Verify whether the employee is an UE citizen

If he/she is French or an UE citizen, you have nothing to do.

If not, you have to verify if his/her visa or resident permit allows her/him to work. This verification must take place near the prefecture of the place of employment. To do so, the easiest is to send a mail to the prefecture (for example, in Paris : employeurs-etrangerspp@interieur.gouv.fr).

Be aware that hiring or employing someone without a valid permit is an offence that could lead to some penalties.

2. Register near the URSSAF : the « Déclaration Préalable à l’Embauche » (DPAE)

This declaration prior to the hiring is essential to :

  • be registered as an employer to the URSSAF. Indeed, the first declaration of the first employee will activate your registration as an employer. The URSSAF will give you a number as an employer. This will soon been followed by the paiement of social contributions to the URSSAF ;
  • register your employee to the social security if he/she is not ;
  • register your company to a medical occupational organization that will follow all your employees.

The lack of such declaration will incurs various sanctions, including criminal and administrative penalties for concealing salaried employment.

Here's the link to do it : https://www.due.urssaf.fr/declarant/arLibre.jsf

If you are hiring via a foreign company with no permanent establisment in France, the process is a little bit different (follow this link : https://www.tfe.urssaf.fr/portail/accueil.html).

3. Sign an employment contract

It is important to choose the kind of contract you want to propose to your future employee(s) :

  • fixed-term or permanent one,
  • full or partial time,
  • with home office,
  • with/without non competition clause,
  • with/without mobility,
  • with/without benefit in kind….

Establishing an employment contract allows to be specific on the probationary period, the functions, the working time and the remuneration.

4. Organize an occupational medical examination

It is really important that the follow-up your employee health is done properly. The first medical examination must take place within a period not exceeding three months from the effective date of the hiring, save for exceptions.

5. Affiliate to the retirement institution

The employees of the general scheme should be affiliated to the AGIRC ARRCO pension fund.

For some professional activities, such as the agriculture, the authors, there are some specifics pension fund to join.

6. Affiliation to the provident scheme and the private health insurance

The provident sheme is mandatory to all executives employees ("Cadres") and if it is stipulated in the collective bargaining agreement for the others employees. Today, it is almost the case in all area of activities.

Since January 2016, every company should propose to their employees a private health insurance. To do so the company could use a broker. Normally, the amount of the contribution is divided equally between the employer and the employee.

The company has to officially establish in a legal act the fact that it is proposing a private health insurance, and sometimes a provident sheme.

7. Staff Register

From the first hiring and regardless of the size of the company, the employer must establish a staff register with the following information:

  • identification of the employee: name, first names, date of birth, sex, nationality,
  • career: jobs, qualifications, date of entry and exit of the company,
  • type of contract: apprenticeship or professionalization contract, fixed-term contract, part-time work ...,
  • for foreign workers: type and serial number of the title validating work permit,
  • for trainees (in a specific place in the register): first and last names, dates of the beginning and end of the internship, last name and first names of the tutor.

This register can be held on digital media. Staff must be listed in chronological order of hiring and the register must be indelible.

The absence of a register, the lack of updating or the omission of mandatory information may result in up to 750 € fine per employee concerned.

8. Occupational Risks Document

The employee has to establish a Unique Occupational Risk Document, which lists all the hazards for the safety and health of employees and analyzes the risks.

Organize information and safety training for new hires : it is important to inform him/her precisely about the precautions to take to ensure his own safety and that of others. If the employee is exposed to hazardous work, his/her training must be reinforced. The information must be given in a way that is understandable to everyone.

I hope you found this article useful and wish you the best of luck in your future hires.

Photo by Lindsay Henwood on Unsplash