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Risks and undeclared work
What are the dangers to which the “under the table” recruiter is exposed, vis-à-vis the law and his employee? NOT NEGLIGIBLE RISKS The risks for an employer who does not declare his employee are really significant and convictions are common. Even if,...
Cumulative employment-retirement
Post-retirement employment It is possible to combine retirement and employment but under certain conditions and within certain limits. Indeed, if the employee does not wish to lose his old age pension, he must ensure not to exceed the ceilings. PENSION AND JOB...
Precautions to take in the event of expatriation
Before accepting an expatriation , there are some precautions to take... Check that you are protected in such essential aspects as retirement, taxes or even returning to France. THE TYPE OF CONTRACT There are two types of contracts when you are an...
Cumulative fixed-term contract
In principle, a CDD can only be renewed once. The employer risks heavy penalties if he does not respect this limitation. However, be aware that there are exemptions for fixed-term and seasonal fixed-term contracts. MAXIMUM TWO CDD In principle, you cannot have...
Trainee rights
Internships that are not part of an educational curriculum are prohibited.The conditions of employment of interns are not always very clear. Often stuck in an unbalanced balance of power, the intern can sometimes seem helpless in the face of an exaggerated...
Rights of pregnant employees
Pregnantemployees are protected, particularly in the event of dismissal. She may also benefit from adjustments to her working conditions. When she returns from maternity leave, she must find the same salary and the same responsibilities within the company. BEFORE...
Can I refuse an offer from Pôle Emploi?
6,429,900 people are currently unemployed in France, including 6,099,700 in mainland France, or 9.8% of the active population, including 9.5% in mainland France .What is the policy of Pôle emploi vis-à-vis job seekers? Can we refuse an offer that is not suitable?...
Can I have multiple jobs?
Can you have multiple employers? Is there a maximum working time? IN THE PRIVATE SETTING Legal provisions do not prohibit employees in the private sector from simultaneously exercising several salaried jobs.. It is therefore possible to combine several jobs. The...
Moral harassment at work
Bullying is always difficult. But when the abuser is your supervisor, the pressure can turn into a nightmare . Attempt an AMICABLE SOLUTION Employees who are victims of moral harassment must not remain isolated. He must talk about it to his work colleagues,...
Harassment at work
Moral harassment , historically linked to the field of work, is now recognized within the family unit. The law defines harassment as the act of harassing others through repeated acts, the effect or aim of which is to deteriorate working conditions likely to...
Freedom of opinion in business
Are you free to criticize your business or is this professional misconduct ? Can we talk freely about politics or religion with our colleagues? WHAT IS FREEDOM OF EXPRESSION? Freedom of expression is a major European constitutional principle according to which...
Representative duties
The role of a staff representative is to defend the interests of employees within a company. Elected every four years, its main mission is to present employers with all individual or collective complaints. His missions : As a representative of the employees of a...
Compulsory transfer
You don’t want or can’t move… but your company wants to impose a transfer on you. Can you oppose it? How? At first, no If your employment contract does not contain a clause relating to the place of work, the employer cannot impose a transfer on you outside your...
Accident Classification
Work Accident: A work accident is an incident that occurs during the course of work, characterized by a sudden and violent event taking place at the time and location of work. 1.1. Bodily Injury: One essential condition to classify an accident as a work accident is...
Permanent leave entitlement
An employee on a permanent contract has the option of requesting long-term leave, whether professional, such as individual training leave (CIF), or personal, such as parental education leave (CPE). There are also lesser-known leaves, such as International Solidarity...
Working conditions assessment
Do you work in conditions of sufficient safety, hygiene and comfort? HYGIENE CONDITIONS The employer must respect very strict hygiene conditions. The premises must be kept in a constant state of cleanliness. They must present the conditions of hygiene and healthiness...
Email evidence
The use of a mailbox in the workplace is quite free. But beware of excesses, especially since the case law is complex! CAN I USE MY PROFESSIONAL BOX FOR PRIVATE PURPOSES? The employee is authorized to use his professional mailbox for private purposes, provided that...
Dress code freedom
In principle, the employee enjoys the freedom of choice of dress. However, he must respect the rules of decency, hygiene and safety. The employer can impose a uniform if the employee is in contact with customers. If the rules are set by the labor code, the employee is...
Summer job rights
Even for a summer job, and even if he is a minor, an employee has rights! Beware of abuse by unscrupulous employers. THE EMPLOYMENT CONTRACT The summer job is necessarily on a fixed-term contract (CDD). This is a written contract that must specify the reasons for...
Strike rights
The right to strike is recognized for every employee in the public or private sector, but under certain conditions, otherwise, the strike will be illegal. The employee is not paid during the strike. Moreover, the employer does not have the right to force him to work,...
mandatory overtime
Can you just “work your hours”, or do you have to give in when the company is short of hands? CAN MY EMPLOYER CHARGE ME FOR OVERTIME? The employer has the power to organize the activity of his company as he sees fit. The employee is therefore in principle obliged to...
Resignation benefits
Having resigned does not necessarily deprive you of unemployment benefits. Moving, marriage, problems at work… The situations in which you can claim benefits are detailed here. OBTAINING A “LEGITIMATE RESIGNATION” You can receive unemployment benefits even when you...
salary reduction
Is the company free to modify the remuneration of the employee without his agreement? NO, NOT WITHOUT MY AGREEMENT The employment contract can only be modified with the agreement of the parties. When signing the employment contract, the employer cannot insert a clause...
employment rights
What Are Your Rights at Your Workplace? At your workplace, you have certain rights that are protected by labor laws. These rights ensure fair treatment, safety, and proper working conditions. Here are some key aspects of your rights at the workplace: Counting Time for...
Foreigner employment
A foreigner who is not a European citizen can ask to work in France, in particular by obtaining a salaried residence permit. How to put all the chances on his side to see his request to the prefecture succeed? Les démarches à accomplir Le titre de séjour salarié...
Abandonment of work-delay of work
Endless work! Your site is late or has been abandoned by the contractor… Can you claim compensation? What are the remedies to do so? IN CASE OF WORK DELAY First of all, it is advisable to favor the amicable way so that the contractor resumes the work. In this...
Notice: what obligations for the employer?
When an employee resigns, can the employer force him to perform all of his notice? Can he negotiate a waiver of notice with the employee? Can I impose the execution of a notice? The employer is entitled to refuse to shorten the notice of an employee, and to impose its...
Disability: does the company have any obligations?
Do companies have any obligations towards people with disabilities? Are there any adjustments to be made? Should we hire people with disabilities? Les entreprises qui ont plus de 20 salariés ont l’obligation d’embaucher des personnes handicapées à hauteur de 6 % de...
Can the employer modify the employee’s contract?
What modification can the employer make to his employee’s contract? Does the employee have a say? What he can’t do In principle, according to constant case law of the Court of Cassation, when the employer considers a measure which affects one of the essential elements...
Can we reduce our charges on low wages?
The Fillon device aims to reduce the charges on low and medium wages. Are all companies affected? Are the reductions the same for each employee? What are the points on which the employer must be vigilant? What are the reliefs? The so-called “Fillon” device aims to...
The non-competition clause in labor relations
Integrated into the employment contract, the non-competition clause prohibits the employee after his departure from the company, the exercise of a competing professional activity, likely to harm the interests of the employer. Anxious to respect the balance of...
The need for a renewed approach to European social law
The European company and the European cooperative society establish innovative provisions for the worker through directives no. 2001786 of October 8, 2001 (1) and no. 2003/72 of July 22, 2003 (2). The method used by the directives, combining contractual autonomy and...
The financial counterpart of the non-competition clause
The financial counterpart of the non-competition clause:The non-competition clause is a very common clause in employment contracts. Integrated into this, the non-competition clause prohibits the employee after leaving the company, the exercise of a competing...
Reinforcement of sanctions for concealed work – State of play in 2022
Undeclared work is part of the broader field of illegal work, even if it is the most widespread form. It designates what was for a long time called “clandestine work”. Currently the regulation of concealed work is contained in articles L. 324-9 to L. 324-15, R. 324-1...
business negotiation
The article demonstrates that company negotiation is the way to operate a decentralized legal regulation at company level. In many restructurings, companies find solutions through social agreements on employment. The latter highlight a decentralization of the...