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614141928.pdf - Novembre 21, 2014 - 1 sur 2 - BAT DILA

How can you assert your rights if your Useful Information employer violates the French labour rules applying to you? Contacts Your rights

By contacting the inspection du travail (labour Information on provisions for secondment inspectorate) for the département where you are working. By contacting the unions that are recognised as http://travail-emploi.gouv.fr/informations- when you are being representative at national and multisector level or pratiques,89/les-fiches-pratiques-du-droit- any other union organisation of your choice. du,91/detachement-de-,407/ temporarily working By filing a complaint with the conseil de Labour inspectorate prud’hommes (industrial ) if, for example, your in France has not been paid or you have not been provided www.direccte.gouv.fr/ with pay slips. This tribunal is the French which settles disputes between workers and their employers. Information on social protection rules at the request of By referring the matter to the court having in your home country. www.cleiss.fr your employer based www.urssaf.fr www.msa.fr in another country Representative union organisations

Confédération générale du travail (CGT) October 2014 www.cgt.fr/-La-CGT-pres-de-chez-vous-.html The information set out in Confédération française démocratique du travail (CFDT) this leaflet does not take www.cfdt.fr/portail/confederation-j_5 precedence over effective legal provisions. Confédération générale du travail-Force ouvrière (CGT- FO) www.force-ouvriere.fr/Unions-departementales-FO

Confédération française des travailleurs chrétiens (CFTC) www.cftc.fr/ewb_pages/r/recherche_geo.php

Confédération française de l’encadrement– Confédération par la Dila générale des cadres (CFE-CGC) www.cfecgc.org/nous-trouver/ Imprimé

Refer your case to an industrial tribunal www.annuaires..gouv.fr/annuaires-12162/annuaire- des-conseils-de-prudhommes-21779.html 614141928.pdf - Novembre 21, 2014 - 2 sur 2 - BAT DILA

Your employer must comply with a number of Salary You can remain affiliated to your home conditions as regards your secondment in As a minimum requirement, your basic salary must be country’s social security system when on aligned with the French national minimum (SMIC), France: which was €9.53 per as of 1 January 2014, or with secondment in France the minimum amount set out in a It must carry on a genuine and effective agreement. Your employer is based in a Member State of the activity in the country where it is based If there is such an agreement for the sector in which you , the European Economic Area or in work in France that contains more advantageous . Subject to a number of conditions, you can You must be employed by this company before compensation provisions, then your employer must abide remain affiliated to the social security system of the coming to France by them. country in which it is based for the entire you work Your employer must pay your travel, accommodation and in France for said employer. You must be sent to France to perform a temporary subsistence costs during your secondment in France. If you and specific service settle these expenses in advance, they must be To prove this continued affiliation, you must have a reimbursed. Any such repayments are not factored into Portable Document A1/E101 form which will be issued by Your position in France must not have been the calculation of your minimum salary. the social security organisation to which you are previously held by another seconded employee affiliated following a request from your employer. Pay slip Your employer must oversee your work for the entire If your secondment in France is for more than a month, If the probable period of your secondment is more than time you are in France (this does not apply to “temp” your employer must provide a pay slip. If the secondment two years, your employer must affiliate you to the ) lasts less than a month, it must issue a document attesting French social security system. to compliance with requirements. Your employer is based outside the European Once these conditions are met Union, the European Economic Area or Switzerland. Working Subject to a number of conditions and if there is a Unless there is a special exception, the maximum working and regardless of where your employer is based and of the bilateral social security agreement between France and hours in France are 48 hours per week (from 0:00 Monday law governing your , the following this country, you can remain affiliated to the social to midnight the following Sunday) and ten hours per day. provisions of will apply to you while you security system of the country in which your employer is All workers must have 35 hours’ rest per week, usually work in France: individual and collective freedoms, based. and equality of opportunity between men including Sunday. Unless special provisions apply, hours worked over and and women, maternity protection, temping, right to In this case, the social security organisation to which you above 35 hours per week are paid as : +25% for strike, working hours, public holidays, annual paid leave, th rd th are affiliated will provide you with a certificate attesting the 36 to 43 hour and +50% as from the 44 hour. leave for family events, minimum wage, health and safety to this continued affiliation. in the workplace, undeclared work. Paid leave Otherwise, your employer must affiliate you to the In France, all workers are entitled to paid leave of 2.5 French social security system. days per month of actual work with the same employer. This entitlement is on a pro-rata basis if the period You can find a list of these countries at worked is less than a month. www.cleiss.fr Health and safety in the workplace Your health and safety in the workplace is the responsibility of your employer. It must introduce precautions to minimise the risks to which you may be exposed (working at height, chemical risks, exposure to asbestos, noise, etc.). Accidents in the workplace must be reported to the labour inspectorate within 48 hours.