In France, you can start working at 16. Foreign minors intending to work in France must comply with the same legal requirements as adults. They need a work permit as well.
Whether you are seeking temporary or permanent employment, you have the same legal rights. Even if you will only be working for a short time, the employer must fulfil certain obligations: you must sign a contract. This can be a permanent contract (CDI), a fixed-term contract (CDD), a contract for seasonal work or a temporary employment contract (CTT). Both you and the employer must sign the contract, except for some permanent contract, that can be oral. If these obligations are not respected, you would be employed illegally. In this case you would lose any right to social protection, including potential unemployment benefits. You would not be covered if you had an accident in the workplace. The contract must include some elements, like: - The date the employment starts - The date the employment finishes (for fixed-term and temporary contracts) - The terms of renewal if applicable (for fixed-term contracts) - The nature of the post - The place and hours of work - The details of salary - The length of the trial period and of the paid holidays - The reference of the collective agreement, if there is one - The name and address of the organisation administering the contributory pension scheme. Never sign a contract unless you have read it and are sure you understand it. The permanent contract (CDI- Contrat à Durée Indéterminée ) is for an unlimited period. A written contract is not compulsory unless the employee is working part-time or there is a collective agreement which requires one. The employee may be required to work a trial period, from one to six months. During the trial period the employer or the employee can terminate the contract without notice. After the trial period, an employee can resign at any moment without giving a reason. There are no specific legal requirements concerning notice but employees may need to comply with time limits specified by custom, collective agreements or company agreements. The fixed-term contract (CDD- Contrat à Durée Déterminée) is made to carry out work for a temporary period: to replace an absent employee, seasonal work, occasional work. The end of the contract is fixed in advance and The contract cannot be terminated before the end except by agreement between the employer and the employee, as a result of serious professional misconduct on the part of the employee, or in the case of circumstances beyond anyone’s control. A fixed-term contract can last for a maximum of 18 months (24 months in some cases). There must be a written contract. The employee receives an end of contract payment equal to at least 6% of the total gross pay, except in certain cases, such as seasonal work or a fixed-term contract which is changed into a permanent contract, for example. The temporary employment contract (CTT- Contrat de Travail Temporaire) is used to carry out a specific task, called a ”mission” for a certain period of time. The temporary worker is employed by an agency (Agence de Travail Temporaire) which has a contract with the employer. The employee must be provided with a written contract specifying the terms of the ”mission” within two working days of taking up the employment. The contract cannot be terminated before the date given, except for serious professional misconduct or circumstances beyond anyone’s control. A contract cannot exceed 18 months for the same ”mission” (24 months in some cases). At the end of each ”mission”, the employee receives an end of ‘mission’ payment equal to at least 10% of the total gross pay for the contract.
Foreign workers receive the same salary as French workers. Salary levels are fixed by an agreement between employer and employee at a mutually agreed level. Most companies make extra salary payments in December for Christmas (called 13th month). Profit sharing schemes and bonuses based on productivity or performance are becoming more common in France. Salaries are usually paid a few days before the end of each month. The salary you receive is net of deductions for compulsory social security charges and optional charges (such as insurance or pension contributions), but do not have income tax deducted. You have to fill in a tax declaration once a year and pay your income tax. In France there is a guaranteed minimum hourly wage called the SMIC. An employee cannot legally be paid less than this level. The gross SMIC is EUR 8.27 since July 1st 2006. Some professions and types of work are governed by collective agreements. Within these agreements, there are normally specifications for minimum salary levels, sick-leave rights and overtime or irregular working hours.
The legal working hours (temps de travail) in France is fixed at 35 hours per week. However the 35-hour rule is more and more disparaged, the exceptions have increase and today the main beneficiaries are blue-collar workers and those in large companies or organizations. The working week is Monday to Friday, but in many sectors Saturday is also a working day. Working hours are generally from 8.30-9.30 to 17.30-19.00.
All employees are entitled to two and a half days of paid leave per month worked. This gives basically 5 full weeks of vacation each year, which may be taken either during a specified period or in agreement with the employer. Sometimes, vacation can be taken only after a full year of employment. Generally, employment law limits the number of days of leave taken at one time to 24 working days. However, there is a possible derogation for foreigners who go back to their home country during their vacations.
A doctor may prescribe sick leave for an employee by issuing a sick leave form (avis d’arrêt de travail). The employee must complete it and send within 48 hours to the social security agency and the employer (or the ANPE office in case of unemployment). Employees on sick leave are obliged to stop working, to ask for authorization if wishing to stay in a different residence and to stay at home (except between 10 to 12 and 16 to 18).
All mothers have the right to a maximum of 16 weeks of paid maternity leave. Up to 6 of these weeks may be taken as prenatal leave (before the estimated birth date) and the remainder as postnatal leave. You can choose to shorten your leave but 8 weeks are compulsory. During maternity leave, employees receive payments from the social security system. Most companies have also collective agreements concerning continuing payment of the salary by the employer during the period of maternity leave.
Foreigners working in France can enjoy the company measures for continuing education. The employer determine the goals of the education and the training organization. He also takes care of all expenses (training course, transportation and accommodation if necessary).
Foreign workers can join a trade union, as any French worker.
Much legislation exists to promote equal rights in the workplace for women. However, legislation also exists to protect women from hard working conditions. For example women can not be employed to carry loads superior to 25 kilos, can not work in mines or quarries, or work with dangerous chemical products. Pregnant women can not work outdoors after 22.00. Sources: CIDJ and Justlanded.com
| Related links |
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http://www.legifrance.gouv.fr |
http://www.pratique.fr/vieprat/emploi |
