French Labour Law

EMPLOYER IN FRANCE : YOUR MAIN OBLIGATIONS FROM THE FIRST HIRING

Cécile Beilvaire -

The purpose of this article is to highlight the main obligations incumbent on the employer, under French Law, as soon as the first employee is hired. Nevertheless, it does not provide an exhaustive response to all the problems that may arise in the context of a hiring process, which may vary depending on the sector of activity, the type of employment contract, the employee's duties and the terms and conditions of the employment contract (risk position, night work) or the company's organisation.

It therefore does not deal with specific or regulated sectors, nor with specific contracts (apprenticeship, professionalisation, etc.).

For more information regarding the process of hiring please go to this article.

GENERAL INFORMATION TO GIVE TO YOUR EMPLOYEES

Several elements must be brought to the attention of the employee(s) by means of a notice via display:

• Collective working hours and rest periods,
• Contact details of the competent Labour Inspector (name, postal address, number and telephone),
• Contact details of the occupational physician, emergency rescue services and the competent health service,
• Fire safety instructions,
• Ban on smoking and vaping,
• Procedure for accessing the single risk assessment document,
• Union notice boards,
• The order in which employees go on leave (indication of the ordinary period of paid leave as well as the order in which they go on leave, 1 month before the start of the holiday),
• The laws relating to equal pay for men and women and to discrimination,
• The contact details of the helpline that answers requests for information and advice on discrimination and on the conditions for referring cases to the rights defender (08 10 00 50 00),
• The provisions of Articles L 222-33 and L 222-32.2 of the Penal Code relating to sexual and psychological harassment,
• Collective agreements and agreements applicable in the company and the place where employees can consult them,
• Internal regulations, if any (Internal regulations compulsory for companies with 50 or more employees).

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.

HEALTH AND SAFETY

You will find below a summarize of all the documents and register regarding the health and safety in the workplace

  • Single risk assessment document
    This document lists all hazards to the health and safety of employees by work unit and in order of seriousness; itmentions the means of prevention; it must be kept available to employees and updated annually.

  • Security register
    This document mentions the checks and maintenance of electrical installations, fires, workstations and equipment available.

  • Register of minor accidents at work
    This document is for accidents at work that have notresulted in sick leave, the employer may replace the declaration of an accident at work with an entry in this register.

  • Register of medical check-ups
    This documents is a records all the results of the employee's/employees'medical check-ups with the occupational health service.

  • Occupational health monitoring
    Medical check-ups: renewal, return to work, etc.

  • Measures to ensure employee health and safety
    Actions for the prevention of occupational risks and work-related stress, information meetings, workplace layout.

  • Register of mandatory alerts
    Since 2014, employees have a right of alert in health and environmental matters.

TRAINING AND PROFESSIONAL INTERVIEW

Training obligation

This training obligation consists of ensuring the adaptation of employees to their workstation; ensuring the maintenance of their ability to hold a job, particularly in view of changes in jobs, technologies and organisations.

Every two years professional interview

On the occasion of his hiring, the employee is informed that he benefits every two years from a professional interview with his employer devoted to his career development prospects, particularly in terms of qualifications and employment.

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