OBLIGATIONS RELATED TO EMPLOYEE HIRING
As soon as the first employee is hired, the employer must comply with many social obligations.
Failure to comply with these obligations could result in financial penalties and contentious risks with employees.
Regardless of the number of employees employed in the company, the employer is obliged to respect many obligations (collective as well as individual) that will govern his professional relations with employees.
- The legal standards governing professional relationship with all employees include:
- Collective agreements, business agreements and business practices;
- Postings: labor inspection, occupational medicine, rules of procedures, working and rest hours, organization of paid leave.
- The registers and documents: a single register of staff, duplicate pay slips for five years, duplicate medical inspection sheets, declarations to the work inspection and declarations to the CNIL.
Thus, at the time of hiring an employee, the employer must respect many formalities that are different according to the nature of the employment contract and the nationality of the employee.
Once the hiring is accepted by both parties, the following formalities must be completed:
- Pre-employment declaration (within eight days prior to hiring and no later than the last working day prior to hiring);
- Employee registration (identity, date, nature of the contract mainly) in the personnel register;
- Signature of the contract (mandatory in the case of fixed-term contracts or part-time contracts);
- Registration of work-study contracts (including apprenticeships or vocational training schemes)
- Classification according to collective agreement;
- Delivery of documents: texts of the agreement, employee savings, membership of the provident fund…
- In case of foreign nationality of the employee: obligation to have a resident card or residence permit with a work permit, check the validity of the card unless the applicant is registered in Pôle Emploi, obligation to pay taxes and fees specific to the French immigration office;
- Organization of a medical examination (at the latest before the end of the trial period).