When you plan to hire an employee in France, it’s essential to find out about the main obligations to be met in order to comply with current legislation. Here’s a look at the essential rules to apply.
- Verify the employee’s nationality: you should ask the employee for a copy of his or her identity card and health insurance card to verify age and nationality. Special rules apply to the hiring of minors and non-EU foreign nationals.
- Choosing the right employment contract for your needs: the open-ended employment contract (CDI) is the rule. A fixed-term employment contract (CDD) is only possible for legally valid reasons. In any case, a written contract signed by both parties is essential to secure the hiring.
- Verify the collective bargaining agreement (CCN) applicable to the company’s activity : the CCN defines most of the working conditions applicable to the future employee, including :
- Classification: executive, non-executive… an employee’s classification depends on the job occupied, as well as the employee’s experience and qualifications in relation to the job post.
- The organization of working hours: : full-time, part-time, fixed-term contracts, overtime… employees’ working hours are subject to very strict rules, and the employer has a number of obligations in terms of monitoring.
- Minimum wage: while in principle the amount of remuneration can be freely set by the employer and the employee, it is nonetheless imperative to respect the minimum growth wage (Smic) set by law and the guaranteed minimum wage set by the CCN ;
- The probation period: duration, possible renewal, conditions to be met in the event of termination… probation period is not presumed, and in the absence of an employment contract signed by the parties, the employee is considered to be on a permanent contract.
Once the hiring is finalized, you’ll need to submit the Déclaration Préalable à l’Embauche (DPAE) with URSSAF (the body responsible for collecting social security contributions),enter the employee’s details in the «registre unique du personnel» (single personnel register) pension, provident and mutual insurance funds, and to join an occupational health service to ensure medical follow up of employees.
ORCOM Offers : Hiring an employee is subject to strict rules. It is crucial to comply with these rules in order to avoid any breaches and the subsequent risks. Our employment law attorneys are here to help you with your recruitment project as an employee in France and help you with the steps you need to take beforehand to comply with current regulations and secure your recruitment.
