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Procedure and formalities for hiring an employee

Verified 15 octobre 2020 - Directorate for Legal and Administrative Information (Prime Minister)

Postponement of medical visits during the health emergency

Order No. 2020-386 of 1 April 2020 and decree n°2020-410 of 8 april 2020 authorize the postponement of medical visits to occupational health services for those scheduled from 12 March 2020. Hiring and return to work are possible despite this postponement of medical visits.

When hiring an employee, regardless of the nature and duration of the contract, the employer must comply with various mandatory formalities, including the pre-employment declaration (PAE). Additional specific formalities are foreseen for the recruitment of certain categories of employees.

The content of a job offer must comply with certain rules. It must be written in French (with exceptions) and be dated. The advertisement must not include discriminatory criteria or face prosecution.

The grounds of discrimination in relation to the offer of employment shall also apply during interviews.

The employer does not have the obligation to inform Pôle emploi of recruitment offers. It can use other sources. For example, advertisements in the press, professional social networks, online media, recruitment firms, temporary work agencies, trade shows or forums.

Pôle emploi offers tools to assist recruitment:

Mandatory form

The DPAE must be established for the hiring of any employee, regardless of the nature and duration of the employment contract.

It must be sent to theUrssaf (or MSA for the agricultural scheme) on which the establishment where the employee works depends before hiring and no earlier than 8 days before..

The employer does not have to make a PATD when signing a probationary agreement.

Electronic reporting is mandatory for companies that have filed more than 50 employment returns in the previous calendar year.

For other companies, the online declaration is to be preferred, but employers still have the opportunity to fill out a paper declaration which can be sent by fax or mailRAR..

Urssaf or MSA no longer sends acknowledgement of receipt to employers who transmit their EAPR by post or fax.

General scheme employee

Agricultural employee

  FYI : the employer must establish the EPAD even if the employee is not yet registered. He must then ask the employee to take the steps with the CPAM (or MSA for an agricultural worker) from his place of residence to obtain his social security number (or NIR).

Mandatory

The EAPR shall include the following:

  • Company name (or employer's first and last names) and address of establishment
  • Code EPA business
  • Siret number the establishment (or the class number issued by the business formalities center, if registration is in progress)
  • Contact details of the occupational health service on which the employer depends, if it is covered by the general social security scheme
  • Name, given names, sex, date and place of birth, social security number of the employee (if already registered)
  • Predictable hire date and time
  • Nature, duration of contract and trial period for CDIs and DDCs over 6 months

Document to be given to the employee

A copy of the EPAD or acknowledgement must be provided to the employee. This obligation shall be deemed to have been fulfilled if the employee has a written employment contract, mentioning the body to which the declaration is addressed.

Penalties for non-declaration of employment

If the employer does not make a PATD, it is liable to:

  • Urssaf regularizes unpaid social security contributions due to lack of declaration (civil penalty)
  • A penalty of €1,095 per employee concerned (administrative penalty)
  • Criminal sanctions, as the intentional absence of PATD constitutes a labor offense concealed by concealment of paid employment

In the event of a concealment of employment, the employer may be sentenced by the correctional court. In this case, the cumulative penalty is:

  • €45,000 fine and 3 years' imprisonment for a natural person,
  • €225,000 a fine and judicial supervision for legal person..

Prior declaration

In addition to DPAE, a prior declaration shall be made by the employer, by registered letter addressed to the labor inspectorate:

  • Upon re-hiring at an institution that has ceased to employ staff for at least 6 months
  • When declaring a change of business (change of operator, industry or trade, or geographical transfer)

The receipt of the letter must be presented by the employer upon request of the labor inspection at the first visit of the inspection.

Simplified devices

Under certain conditions, small enterprises (SMEs) or employers' associations and foundations may use one of the following: simplified payment documents including a social contribution component, which is equivalent to the completion of the EAPR:

  • Job-service job title (Tese)
  • Title simplified agricultural employment (Tesa) for a farm worker in CDD less than 3 months
  • Job Title Forges (EFT)
  • One-stop casual show (Guso
  • Associated Job Check (ECA

The individual employer of an employee employed at home in the context of personal services may use the universal service employment check (Cesu).

The employer must:

  • Provide a written work contract based on the nature of the contract
  • Specify the collective status of the undertaking: Convention and/or collective agreements applicable
  • Show rules in the places where the interviews are conducted
  • If collective wage savings schemes are set up in the company, give the employee, at the time of hiring, a wage savings booklet
  • Provide all employees, regardless of their length of service in the company, with complementary business mutual health
  • If a pension plan is set up in the company, give the employee a complete notice on the open guarantees
  • Inform the employee that he will benefit every 2 years from a professional interview
  • Hand over any protective equipment and train the employee in their use
  • Train and/or provide specific information on occupational risks and their prevention

Additional special procedures must be carried out for certain categories of employees.

Employee on an apprenticeship contract

The employer must establish a fixed-term contract (LDC) or an indeterminate contract which, in this case, begins with an apprenticeship period.

The learning contract is concluded by means of cerfa 10103.. If the apprentice is a minor, the contract is also signed legal representative..

An agreement between the Apprenticeship Training Center (APC), the employer and the apprentice or his legal representative, fixing the duration of the contract, shall be annexed to it.

In 5 business days after the start of the performance of the apprenticeship contract, the employer shall transmit the contract to Competency Operator ..

This transmission can be done by dematerialized means.

Employee on a professional contract

The professionalization contract must be in writing and may be entered into under a fixed-term (fixed-term) or permanent (permanent) contract.

It shall be drawn up using the form cerfa 12434..

The contract must appoint a guardian. A detailed description of the associated training and the training organization concerned shall be annexed to the contract.

Foreign non-European employees

The employer who wishes hiring a non-European foreigner must, in addition to the obligations required for any hiring, verify that he has the right to work in France.

  Warning : the Algerian nationals and nationals of certain countries which have concluded bilateral agreements with France are subject to special provisions.

Minor

The hiring of young people has a number of special features relating to age and prohibited work..

In some cases, the employer is required to make a prior declaration to the labor inspector before hiring minor employees.

Every minor must be allowed to work by his legal representative, unless emancipated..

Employee on acting mission

One supply contract must be concluded between the temporary work undertaking and the undertaking where the temporary agency carries out his task.

The newly hired employee must be registered on the single register of staff.

The keeping of this register shall be compulsory from 1to employee hired (or upon arrival of a trainee).

Specific form for companies with 50 or more employees

Companies and establishments with 50 or more employees are required to inform the administration of recruitment by means of the monthly statement of staff movements. This is a record of contracts concluded or broken during the previous month.

This declaration shall be deemed to have been made through the registered social declaration (DSN)..

The registered social declaration (DSN) is the subject of a single, dematerialized transmission to all the bodies which manage the social protection of employees. This transmission includes affiliation with the institutions of supplementary pensions of theAgirc-Arrco..

Information and Prevention Visit (VIP) required

The employer must organize an information and prevention visit (VIP), which has replaced the hiring medical visit.

The Vip is achieved:

  • or by the occupational doctor (working in a occupational health service), in particular if the employee is recognized as a disabled worker, a pensioner or a night worker,
  • by an occupational health professional (e.g. by a staff member who is a doctor at work, an intern in occupational medicine or a nurse), in particular for employees not presenting particular risks. Following the completion of the PVI, the health professional may, if he considers it necessary, refer the worker to the occupational doctor.

Vip is realized within a maximum period of 3 months from the actual taking of the workstation.

For the night worker and for the employee under 18 years of age, the visit is carried out prior to assignment .. The occupational doctor may prescribe, if he deems it appropriate, additional specialized examinations, which shall be the responsibility of the employer.

In all cases, the Vip allows:

  • to question the employee on his state of health,
  • to inform him about the risks associated with his workstation,
  • to raise awareness of the preventive measures to be implemented,
  • and to inform him of his right to benefit, at any time, a visit at his request with the occupational doctor.

An occupational health record is open.

At the end of each Vip, the occupational doctor or health professional shall issue a certificate of follow-up at work to the employee and the employer.

  Please note : the occupational doctor shall not have the right to transmit to the employer any medical information concerning the employee.

Employees exempt from VIP

Under certain conditions, a newly recruited employee may be dispensed from the Vip.

Sanctions in the absence of Vip

An employer who fails to comply with his medical obligations is liable to:

  • a fine of €1,500,
  • a 4-month prison sentence and a fine of €3,750 in case of recidivism.