Employment Contract
LexInter | January 30, 2017 | 0 Comments

Employment Contract

The work contract

The employment contract  is the individual expression of the contractual facet of the employment relationship, and therefore forms part, along with collective agreements and agreements , of employment agreements. It therefore implies a dose of autonomy of the will, with an impact of the civil law concepts of the contract and a share of content imposed or exceeding the individual will.

Lack of formalism and consensualism

The employment contract is subject to the rules of common law. It can be found in the forms that it is convenient for the contracting parties to adopt.

The written employment contract is drawn up in French.

Employment contract between contract law and employer’s power

The employment contract, which has been said to be halfway between the contract and the institution, is the subject of the praetorian development of a balance by case law between the application of article 1134 implying immutability contractual conditions without the employee’s agreement and recognition of the employer’s organizational power .

Thus, sending an employee on assignment does not violate article 1134  ( Cass. Soc. 11 March 2000 ), while the distribution of the duration of part-time work, as it should be. provided for, in application of article L. 212-4-3 of the Labor Code, constitutes an element of the contract which cannot be modified without the agreement of the employee ( Cass. soc. 4 June 2002)

It is the same way that restrictive conditions at the time of the attribution of stock options must be the object of an acceptance (. Cass. Soc. January 15, 2002 )

The collective organization of the labor force

The employment contract is also part of the collective bundle formed by the group of contracts formed by all the individual employment contracts and the collective agreements applicable to the company.

The employment contract must be the subject of a declaration of employment and the labor code sets the age of admission .

It is also governed by labor regulations  which in particular set standards in terms of health, safety and working conditions. Case law generally imposes an obligation of safety for the personnel of the company.

The employment contract is in French law considered to be an indefinite contract but under certain conditions it can be a fixed term contract . It can be part of the regulations on  temporary work.

The Labor Code regulates mandatory conditions regarding maximum working hours. It fixes the limits of the working hours as well as the daily working hours .

The contract may not be full-time but be a part-time job.   Labor law also organizes the work on time.

The Labor Code also imposes rest periods in the form of holidays  and public holidays . Leave is annual or exceptional leave , paid (for example leave for family events ) or unpaid (for example international solidarity leave ).

The negotiation of working conditions is thus partly individual and partly collective, with compulsory annual negotiation .

The work gives rise to remuneration, the basic element of which is the salary, but the employment contract may also provide for benefits in kind, as well as possibilities for the employee to receive shares and ” stock options “. The Labor Code provides, depending on the conditions, on an optional or compulsory basis, for  profit-sharing  and employee participation.

The employer’s power of direction translates into powers of modification and the possibility of setting conditions by internal regulations.

The employment contract may be the subject of an individual labor dispute  or be part of a collective labor dispute .

This specificity is also reflected in the termination of the employment contract , where dismissal takes precedence over judicial termination. The possible dispute is the subject of a  procedure before the industrial tribunal.

Employment contracts are transmitted in the event of a business transfer.

COMPETENCE IN RESPECT OF INDIVIDUAL EMPLOYMENT CONTRACTS

PROVISIONS OF THE NEW LABOR CODE

BOOK II

THE WORK CONTRACT

Title I. – Scope of application.

Unique chapter.

Title II. – Formation and execution of the employment contract.

Chapter I st . – Formation of the employment contract.

Section 1. General provisions.

Section 2. Recruitment.

Section 3. Formalities for hiring and employment.

Sub-section 1. Declaration prior to hiring.

Subsection 2. Single register of personnel.

Sub-section 3. Other formalities.

Chapter II. – Execution and modification of the employment contract.

Section 1. Execution of the employment contract.

Section 2. Modification of the employment contract for economic reasons.

Section 3. Modification of the employment contract in the event of an agreement to reduce working time.

Chapter III. – Formation and execution of certain types of contracts.

Section 1. Employment contract new hires.

Section 2. Export mission contract.

Chapter IV. – Transfer of the employment contract.

Chapter V. – Maternity, paternity, adoption and education of children .

Section 1. Protection of pregnancy and maternity.

Sub-section 1. Hiring, transfer and dismissal.

Sub-section 2. Temporary changes of assignment.

Section 1. Medical necessity.

Section 2. Night work.

Section 3. Exposure to specific risks.

Sub-section 3. Leave of absence and maternity leave.

Subsection 4. Prohibition of prenatal and postnatal employment.

Subsection 5. Special provisions for breastfeeding.

Subsection 6. Resignation.

Section 2. Paternity leave.

Section 3. Adoption leave.

Section 4. Child education leave.

Sub-section 1. Parental leave for education and transition to part-time work.

Sub-section 2. Leave for sick children and leave for parental presence.

Section 1. Leave for sick children.

Section 2. Leave for parental presence.

Subsection 3. Resignation to raise a child.

Section 5. Sanctions.

Section 6. Implementing provisions.

Chapter VI. – Illness, accident and medical incapacity.

Section 1. Absences for illness or accident.

Section 2. Incapacity following a non-occupational illness or accident – serious illness.

Sub-section 1. Incapacity following an illness or a non-occupational accident.

Sub-section 2. Serious illness.

Section 3. Accident at work or occupational disease.

Subsection 1. Scope.

Sub-section 2. Suspension of the contract and protection against breach.

Sub-section 3. Incapacity following an accident at work or an occupational disease.

Sub-section 4. Indemnities and penalties.

Sub-section 5. Employee with a fixed-term employment contract.

Section 4. Provisions specific to the departments of Moselle, Bas-Rhin and Haut-Rhin.

Chapter VII. – Criminal provisions.

Title III. – Termination of the employment contract for an indefinite period.

Chapter I st . – General provisions.

Chapter II. – Dismissal for personal reasons.

Section 1. Real and serious cause.

Section 2. Pre-interview.

Section 3. Notification of dismissal.

Section 4. Employee adviser.

Chapter III. – Dismissal for economic reasons.

Section 1. Scope.

Section 2. Common provisions.

Sub-section 1. Real and serious cause.

Sub-section 2. Definition of the economic reason.

Sub-section 3. Obligations of adaptation and reclassification.

Subsection 4. Criteria for the order of dismissals.

Section 3. Dismissal of less than ten employees in the same period of thirty days.

Sub-section 1. Procedure for consulting staff representatives specific to collective redundancies.

Sub-section 2. Procedure with regard to employees.

Section 1. Preliminary interview.

Section 2. Notification of dismissal.

Sub-section 3. Information of the administrative authority.

Section 4. Dismissal of ten or more employees in the same period of thirty days.

Sub-section 1. General provisions.

Section 1. Specific terms resulting from an agreement.

Section 2. Amendments to the employment contract giving rise to ten or more refusals.

Section 3. Successive dismissals.

Sub-section 2. Procedure for consulting staff representatives.

Section 1. Meetings of employee representatives.

Section 2. Assistance of a chartered accountant.

Section 3. Consultation of the central works council.

Sub-section 3. Procedure with regard to employees.

Section 1. Preliminary interview.

Section 2. Notification of dismissal.

Section 3. Priority for re-employment.

Sub-section 4. Information and intervention of the administrative authority.

Paragraph 1. Information of the administrative authority.

Section 2. Intervention of the administrative authority.

Section 5. Economic dismissal within the framework of a reorganization or a judicial liquidation.

Section 6. Social and territorial support for dismissal procedures.

Sub-section 1. Plan to safeguard employment.

Sub-section 2. Personalized reclassification agreement.

Sub-section 3. Reclassification leave.

Sub-section 4. Mobility leave.

Sub-section 5. Revitalization of employment basins.

Section 7. Accommodation measures.

Chapter IV. – Consequences of dismissal.

Section 1. Notice and severance pay.

Sub-section 1. Notice and compensation in lieu of notice.

Sub-section 2. Severance pay.

Sub-section 3. Case of force majeure.

Sub-section 4. Special provisions for the public sector.

Sub-section 5. Special provisions for the departments of Moselle, Bas-Rhin and Haut-Rhin.

Subsection 6. Implementing provisions.

Section 2. Documents provided by the employer.

Sub-section 1. Certificate of employment.

Sub-section 2. Receipt for balance of any account.

Chapter V. – Disputes and penalties for irregularities in dismissal.

Section 1. Common provisions.

Section 2. Dismissal for economic reasons.

Sub-section 1. Time limits for contestation.

Sub-section 2. Legal actions by trade union organizations.

Sub-section 3. Elements to be communicated to the judge.

Sub-section 4. Penalty for irregularities.

Chapter VI. – Breach of certain types of contracts.

Section 1. Employment contract new hires.

Section 2. Export mission contract.

Section 3. Contract concluded for the duration of a construction site.

Chapter VII. – Other cases of rupture.

Section 1. Termination at the initiative of the employee.

Sub-section 1. Resignation.

Sub-section 2. Abusive breach of contract.

Section 2. Retirement.

Sub-section 1. General provisions.

Sub-section 2. Retirement.

Sub-section 3. Voluntary retirement.

Chapter VIII. – Criminal provisions.

Title IV. – Fixed-term employment contract.

Chapter I st . – Scope.

Chapter II. – Conclusion and execution of the contract.

Section 1. Conditions of appeal.

Sub-section 1. Case of appeal.

Sub-section 2. Prohibitions.

Section 2. Fixing of the term and duration of the contract.

Section 3. Trial period.

Section 4. Form, content and transmission of the contract.

Section 5. Conditions of execution of the contract.

Section 6. Information on vacancies.

Chapter III. – Early termination, expiry of the term and renewal of the contract.

Section 1. Early termination of the contract.

Section 2. Expiry of the term of the contract and continuation after expiry.

Section 3. Renewal of the contract.

Chapter IV. – Succession of contracts.

Section 1. Successive contracts with the same employee.

Section 2. Successive contracts on the same post.

Chapter V. – Requalification of the contract.

Chapter VI. – Special control rules.

Chapter VII. – Legal actions.

Chapter VIII. – Criminal provisions.

Title V. – Temporary employment contract and other provision contracts.

Chapter I st . – Employment contract concluded with a temporary employment company.

Section 1. Definitions.

Section 2. Conditions of appeal.

Sub-section 1. Case of appeal.

Sub-section 2. Prohibitions.

Section 3. Mission contract.

Sub-section 1. Formation and execution of the contract.

Paragraph 1. Fixing of the term and duration of the contract.

Section 2. Trial period.

Section 3. Content and transmission of the contract.

Section 4. Remuneration.

Section 5. Working conditions.

Section 6. Information on vacancies.

Sub-section 2. Early termination, expiry of the term and renewal of the contract.

Section 1. Early termination of the contract.

Paragraph 2. End of the term of the contract.

Section 3. Renewal of the contract.

Sub-section 3. Succession of contracts.

Sub-section 4. Hiring by the user company at the end of a mission.

Sub-section 5. Requalification of the contract.

Section 4. Supply contract and temporary work company.

Sub-section 1. Supply contract.

Sub-section 2. Temporary employment company.

Section 1. Control rules.

Section 2. Financial guarantee and default of the temporary employment company.

Paragraph 3. Status of permanent and temporary employees of the temporary work company.

Section 5. Legal Actions.

Chapter II. – Contract concluded with a timeshare company.

Section 1. Definitions.

Section 2. Time-sharing employment contract.

Section 3. Provisioning contract and time-sharing company.

Chapter III. – Contracts concluded with a group of employers.

Section 1. Group of employers falling within the scope of the same collective agreement.

Sub-section 1. Purpose.

Sub-section 2. Constitution and membership.

Sub-section 3. Employment and working conditions.

Sub-section 4. Legal actions.

Section 2. Group of employers not falling within the scope of the same collective agreement.

Section 3. Employers’ group made up of members of private law and local authorities.

Chapter IV. – Criminal provisions.

Section 1. Temporary work.

Section 2. Employer groups.

Title VI. – Employees temporarily seconded by a company not established in France.

Chapter I st . – General provisions.

Chapter II. – Conditions of posting and applicable regulations.

Section 1. Conditions of secondment.

Section 2. Applicable regulations.

Chapter III. – Control.

Chapter IV. – Criminal provisions.

Title VII. – Checks and simplified work documents.

Chapter I st . – Universal employment-service check.

Section 1. Purpose and modalities of implementation.

Section 2. Financial provisions.

Section 3. Control.

Section 4. Implementing provisions.

Chapter II. – Association employment check.

Chapter III. – Job-company title.

Chapter IV. – Employment checks for very small businesses.

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