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Procedure and formalities for hiring an employee

Verified 01 octobre 2021 - Legal and Administrative Information Directorate (Prime Minister)

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 (PSEA). 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 in French (except for exceptions) and be dated. The ad should not include discriminatory criteria or face prosecution.

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

Pôle emploi offers recruitment tools:

The employer is not obliged to inform Pôle emploi of recruitment offers. It can use other sources, such as: press announcements, professional social networks, online media, recruitment offices, temporary work agencies, trade shows or forums.

Required Form

The DPAE must be established for the hiring of any employee, regardless of the nature and duration of the employment contract. This formality is mandatory except for small companies (SMEs) or employers' associations and foundations who can use the simplified devices.

It shall be transmitted 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 an EAP when signing a work placement agreement.

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

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

The Urssaf or the MSA no longer sends acknowledgements to employers who send their EPAD by post or fax.

Agricultural worker

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

Under certain conditions, small companies (SMEs) or employer associations and foundations may use one of the following simplified payment documents. These titles include a component of social contributions, which are equivalent to the completion of the EODA:

  • Company Job-Service Title (Tese)
  • Title simplified agricultural employment (Tesa) for an agricultural worker in CDD less than 3 months
  • Job Title Forums (TEF)
  • One-stop casual (Guso
  • Associated Job Check (ECA

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

Mandatory

The EAPR must include the following:

  • Company's social name (or employer's first and last names) and address of institution
  • Code EPA company
  • Siret number of the establishment (or the book number issued by the company formalities centre, if registration is pending)
  • Contact details of the occupational health service on which the employer depends, if it falls under the general social security system
  • Name, given names, sex, date and place of birth, employee's social security number (if already registered)
  • Expected hire date and time
  • Nature, duration of contract and trial period for CDIs and DDCs over 6 months

Other

In addition to DPAE, the employer shall make a prior declaration of the persons recruited by registered letter addressed to the labour inspectorate:

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

The receipt of the registered letter must be submitted by the employer upon request of the labour inspectorate at the first visit of the latter.

Handout to Employee

A copy of the WFA or acknowledgement must be provided to the employee. This obligation is considered fulfilled if the employee has a written employment contract, mentioning the body to which the declaration is sent.

Penalties for failure to declare employment

If the employer does not perform an EDP, the employer is liable to:

  • The regularisation by the Urssaf of unpaid social security contributions due to the absence of a declaration (civil penalty)
  • A penalty of €1,119 by employee concerned (administrative penalty)
  • Criminal sanctions, since the intentional absence of EPAD constitutes a labour offence concealed by concealment of paid employment

In the event of a concealment of an 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 of fines and judicial supervision for legal person.

The employer shall give the employee a written employment contract according to the nature of the contract and inform him of the collective status in force in the company: collective agreements .

He informs her about the collective wage savings schemes in the company and gives her a wage savings book.

He informs the employee of the company mutual mandatory for all employees.

The employee shall be provided with a full statement of the guarantees provided when a pension plan is in place in the company.

He informs the employee that he benefits every 2 years from a professional.

It provides specific information on occupational risks and their prevention.

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

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Non-European foreigner worker

The employer who wishes hiring a non-European foreigner must, in addition to the obligations required for any job, 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 a young employee has a number of peculiarities relating to age minimum required. Some work is strictly forbidden to young workers under 18 years of age because of their dangerousness. Some works in principle prohibited are subject to temporary or permanent derogation and are referred to as "regulated".

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

Employee on acting assignment

One supply contract shall be concluded between the temporary working company and the company where the temporary agency carries out its mission.

Alternate

Employee on apprenticeship

The employer must establish a term or indefinite contract (LTD), which in this case begins with a period of learning.

The apprenticeship 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 Centre (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 following the commencement of the performance of the apprenticeship contract, the employer shall forward the contract to the skills operator .

This transmission can be done by dematerialised means.

Salaried in a professional contract

The professionalisation contract must be in writing and may be concluded under a fixed-term (fixed-term) or indefinite (permanent) contract.

It shall be drawn up using the form cerfa 12434.

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

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

This record shall be kept from 1to employee hired (or upon arrival of a trainee).

A company employing 50 or more employees is required to inform the administration of recruitment by means of the monthly staff movement report.

This is a record of contracts concluded or broken in the previous month. This declaration is considered to be completed through the Nominal Social Declaration (DSN).

The employer has the obligation to affiliate its employees with the institutions of supplementary pensions of theAgirc-Arrco.

This affiliation is effected by the unique and dematerialised transmission of registered social declaration (DSN) to all bodies that manage the social protection of employees.

Information and Prevention Visit (VIP) required

The employer must organise an information and prevention visit (VIP), which replaced the medical employment visit.

The Vip is performed by an occupational health professional (e.g., a occupational health worker, an internal occupational health worker, a nurse) if the employee does not present any particular risks.

At the end of the PIV, the health care professional may, if he deems it necessary, refer the worker to the occupational physician.

If the employee is recognised as a disabled worker or holder of an invalidity pension or night worker, the VIP is performed by the occupational physician in a occupational health service.

The Vip within 3 months from the actual taking of the workstation.

For a night worker or an employee under 18 years of age, the visit is carried out before assignment. The occupational physician may request additional specialised examinations, which are the responsibility of the employer.

Mandatory steps during the visit:

  • Employee's health
  • Workplace Risk Information
  • Awareness of preventive measures
  • Informing the employee 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 physician or health professional shall issue a certificate of follow-up to work to the employee and the employer.

The occupational physician is not entitled to transmit to the employer medical information concerning the employee.

  Please note : under certain conditions, a newly recruited employee may be dispensed from the Vip.

Non-VIP sanctions

An employer who fails to meet his or her medical obligations shall:

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