obligations of employers
LexInter | November 18, 2002 | 0 Comments

OBLIGATIONS OF EMPLOYERS

Article L620-1
(Law n ° 73-4 of January 2, 1973 Official Journal of January 3, 1973) (Law n ° 78-753 of July 17, 1978 art. 50 Official Journal of July 18, 1978) (Law n ° 91-1 of January 3, 1991 art. 25 Official Journal of January 5, 1991)

Anyone who intends to employ staff of any size in an establishment referred to in Article L. 200-1 must, before employing this staff, make a declaration.

A prior declaration must also be made:
1. If an establishment, having ceased to employ staff for at least six months, proposes to employ them again;
2. If an establishment employing staff changes operator;
3. If an establishment employing staff is transferred to another location or if it is the subject of an extension or transformation leading to a change in the industries or trade carried out;

* Note – Labor Code R632-1: penal sanctions. *

Article L620-2
(Law n ° 85-772 of July 25, 1985 art. 69 Official Journal of July 26, 1985) (Law n ° 91-1 of January 3, 1991 art. 23 Official Journal of January 5, 1991) (Law n ° 2000-37 of January 19, 2000 art. 5 IX Official Journal of January 20, 2000 in force on February 1, 2000)

The heads of establishments, other than those employing employees defined in article 992 of the rural code, display the hours at which work begins and ends as well as the hours and duration of rest.
When the working time is organized in the form of cycles within the meaning of Article L. 212-7-1 or when the provisions of Article L. 212-8 are implemented in the company, the display provided for in the previous paragraph must include the distribution of working hours in the modulation cycle or program mentioned in the sixth paragraph of article L. 212-8.
When all the employees employed in a department or a workshop do not work according to the same collective schedule, the heads of establishment must establish the documents necessary for the counting of the working time, the compensatory rests acquired and their effective taking, for each one. of the employees concerned. Staff representatives can consult these documents.

* Note – Labor Code R632-1: penal sanctions. *

Article L620-3
(Law n ° 85-772 of July 25, 1985 art. 69 Official Journal of July 26, 1985) (Law n ° 91-1383 of December 31, 1991 art. 2 Official Journal of January 1, 1992) (Law n ° 92-1446 of December 31, 1992 art. 21 II Official Journal of January 1, 1993 in force on September 1, 1993) (Law n ° 93-1313 of December 20, 1993 art. 35 III Official Journal of December 21, 1993) (Law n ° 97-210 of March 11, 1997 art. 7 Official Journal of March 12, 1997)

In the establishments defined in Article L. 200-1 and in the agricultural establishments where employees are employed, a single personnel register is kept on which must appear, in the order of hiring, the surnames and first names of all employees employed by the establishment in any capacity whatsoever. These mentions are entered in the register at the time of hiring and indelibly.
The additional information which must be mentioned in this register either for all employees or for certain categories only, are defined by regulation.
The personnel register is kept at the disposal of personnel representatives and officials and agents responsible for overseeing the application of this code and the social security code.
In all workplaces dependent on the establishments mentioned in the first paragraph of this article, the employer is required to make the declaration provided for in article L. 320.

* Note – Labor Code R632-1: penal sanctions . *

Article L620-4
(Law n ° 85-772 of July 25, 1985 art. 69 Official Journal of July 26, 1985)

The heads of establishments covered by the provisions of Title III of Book II keep a register to which are entered or to which are annexed the observations and formal notices formulated by the labor inspector and relating to questions of health, safety, occupational medicine and risk prevention.
Records are kept for five years.
The register is kept at the disposal of labor inspectors at all times. It is presented, at their request, to agents of the prevention services of social security bodies during their visits.
The members of the health, safety and working conditions committees and, in the absence of a committee, the staff representatives, may consult this register.

* Note – Labor Code R632-1: penal sanctions. *

Article L620-5
(Law n ° 85-772 of July 25, 1985 art. 69 Official Journal of July 26, 1985)

The heads of establishments covered by the provisions of Title III of Book II are required to post, in premises normally accessible to employees, the address and telephone number:
– of the occupational physician or the occupational medical service competent for the establishment;
– emergency rescue services;
– the competent labor inspectorate, and the name of the competent inspector.

* Note – Labor Code R632-1: penal sanctions. *

Article L620-6
(Law n ° 85-772 of July 25, 1985 art. 69 Official Journal of July 26, 1985)The certificates, instructions, results and reports relating to the checks and controls charged to employers with regard to occupational health and safety are dated and mention the identity of the person or body responsible for the control or verification and that of the person who carried out the verification or verification.
Labor inspectors and agents of the prevention service of social security bodies may request these documents to be presented to them during their visits.
These documents are communicated, under conditions set by regulation, to the members of the health, safety and working conditions committees, to the staff representatives, to the occupational physician and, where applicable, to representatives of professional bodies. health, safety and working conditions created in application of 4 ° of article L. 231-2 of this code.

Unless special provisions are laid down by regulation, the documents concerning the verifications and controls of the last five years and, in any case, those of the last two controls or verifications must be kept.
In the event that it is provided that the information listed in the first paragraph above must appear in separate registers, employers are automatically authorized to collect this information in a single register when this measure is likely to facilitate the conservation and consultation of this information.

* Note – Labor Code R632-1: penal sanctions. *

Article L620-7
(Law n ° 85-772 of July 25, 1985 art. 69 Official Journal of July 26, 1985) (Law n ° 89-18 of January 13, 1989 art. 63 Official Journal of January 14, 1989) (Law n ° 98-546 of July 2, 1998 art. 8 IV Official Journal of July 3, 1998)Decrees issued after consultation with the trade unions most representative of employers and employees adapt, for certain professional branches or certain types of companies, the requirements relating to the keeping of registers and documents and the posting obligations resulting from this code. or laws and regulations relating to the labor regime.
Under the conditions and limits set by these decrees, companies may waive the retention of pay slips and the keeping of certain registers to take into account the use of other means, in particular IT, when equivalent control guarantees are maintained. .
When staff representatives or health and safety committees have the right of access to the registers concerned by law, employers must consult them before setting up a substitute medium.

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