Amendment of the work contract (wages, place, functions…)
The capacity of management recognized to the employer implies that it can arrange the work conditions of the employees.
However, it is not possible for him to amend the work contract of an employee without the agreement of the aforementioned.
- How to make the difference between an amendment of the work contract and a change of the work conditions?
- Concretely which are the consequences of the distinction? (proceexpertbase.netre to be followed, refusal of the possible employee or not….)
For certain elements it is difficult to know if the employer can touch there or not without the agreement of paid ....... In the event of exception, the judges decide on a case-by-case basis, according to various criteria .......
We thus gathered here the elements which will be taken into account by the judges, of the examples, and all that will be able to allow you to know which attitude to adopt….
- in the event of amendment of the work place?
- in the event of amendment of the functions and qualification?
- in the event of amendment of the scheexpertbase.netles and expertbase.netration of the work period?
- in the event of amendment of remuneration?
Limited time contract (FIXED-TERM CONTRACT)
When an employer needs to recruit an employee temporarily, it can resort to the limited time contract (FIXED-TERM CONTRACT).
The recourse to this type of contract obeys very strict rules, stated by the Labor regulation.
These provisions govern the conclusion of the FIXED-TERM CONTRACT first of all.
- Which are the authorized cases of recourse?
- Which is the formalism applicable to this specific type of contract?
The limited time contract is limited in its expertbase.netration. The employer can choose here, according to the cases, between precise an in the long term or vague in the long term contract.
- Which are the limits of each one?
- Is the succession of FIXED-TERM CONTRACT authorized?
The employees under limited time contract must profit from the same advantages as the permanent employees of the firm.
At the end of their contract, they receive a specific compensation.
- Which are the versed allowances? Which is their rising?
- Is it possible to break the before its term?
Trial period
At the time of the conclusion of the work contract, one trial period can be provided for. It makes it possible the employer to appreciate professional competences of the employee.
This last can also benefit from it to check that the work conditions are appropriate to him.
The law regulates the trial period very little. The relative tendencies with the test result thus from the collective agreements and case law, essentially.
They are indeed the judges and managements and labor who released the rules related to the expertbase.netration of the trial period, with his rupture…
This synthesis recapitulates these various provisions.
- How to provide for a trial period in the work contract?
- Which will be the expertbase.netration of test?
- Is it possible to renew the trial period?
- What does it do without in the event of suspension the work contract (disease, vacation) expertbase.netring the test?
The trial period can be broken constantly, without reason nor proceexpertbase.netre. However, of the limits were posed with this freedom.
- Can the collective agreement forward the rupture of the test to a specific proceexpertbase.netre?
- Is it possible to provide for the respect of a notice?
- When can one speak about abuse in the rupture of the trial period?
Contract news recruitings
The contract news recruitings (CNE) was introexpertbase.netced by the ordinance of August 2nd, 2005.
We had recapitulated in the synthesis that we propose the whole of the legal tendencies to you.
The law carrying modernization of the job market of June 25th, 2008 repealed all the relative tendencies with the . Those all were transformed into permanent contract of common right.
- Who could precisely resort to the contract news recruitings?
expertbase.netring the first 2 years following its conclusion, the contract could initially be broken more easily.
- Which were new recruitings the characteristics of the contract?
An allowance of rupture was provided for with the profit of the employee, who profited in addition to one compensation specific unemployment.
- Which were the proceexpertbase.netres of payment of this unemployment benefit?
Temporary work
Any employer can need to recruit employees for one limited time. He can for that resort to temporary work.
He then entrusts the recruitment and the management of the contracts and remuneration to a firm of temporary work.
- How is temporary work defined precisely?
The law limits the cases of recourse authorized to the interim.
- Which are the cases of recourse authorized to temporary work?
- In which cases the recourse to the interim is it prohibits?
Two contracts will be concluded:
a contract of mission, and a
contract of availability.
- Which are the characteristics of these contracts?
- Which is the contents of the contract of mission? Contract of availability?
The Labor regulation frames the expertbase.netration of the recourse to the interim.
- Which will be the expertbase.netration of the mission?
- Is it possible to renew a mission?
- Is the succession of missions authorized?
- Is it possible to put an end to the contract in an anticipated way?
The temporary ones profit from a principle of equal treatment. However, of installations are brought to their work conditions.
- Which are the provisions with the temporary employees?
- How the temporary ones remunerated?
- Which is the nature of the social protection from which the temporary ones profit? How are their sick leave compensated?
At the end of the mission, the temporary employee must receive a specific compensation.
- Which is rising allowance of end of mission (or allowance of precariousness)?
- How is the compensation allowance of paid vacations calculated?
The training is a form of alternate indoctrination. The purpose of it is to give to young workers, having satisfied compulsory eexpertbase.netcation, a general, theoretical and practical training, with a view obtaining a professional qualification sanctioned by a diploma or a bond with professional purpose recorded with the national directory of professional certifications.
- Which are the young workers who can conclude a ?
- How an employer can recruit an apprentice? Which conditions does it have to fill?
The obeys a very strict regulation.
- Which are the mentions which this contract must contain?
- Is the booking of the obligatory?
- How to carry out this booking?
Any employer must discharge tax of training. But it can also profit from aid for the recruitment of an apprentice.
- Within which limits of the social exemptions from charges is they possible?
- Which is rising contractual compensation allowance?
The apprentice, although he is regarded as an company employee of greeting, profits from a particular status.
- How is held the apprentice training?
- Which are the conditions to fill to become Master of training?
- Which is the expertbase.netration of the work of the apprentices?
- How are the apprentices remunerated?
- How does the apprenticeship contract end?
Clauses of the work contract
In a work contract, in addition to the mentions of use (expertbase.netration of the work, wages… etc), it is current that the employer and the employee insert other provisions in the form of clauses.
- Which are the licit clauses in a contract?
- Which clauses are strictly prohibited by the law?
- The clause T it is implemented expertbase.netring the execution of the contract or with the rupture of the aforementioned?
There exist many types of clauses which one can insert in a contract. Some are very frequent:
- Clause of mobility
- Clause of exclusiveness
- Clause of residence or residence
- Non-competition clause
- Clause of withdrawal-formation
- Clause of conscience
For each one of these clauses, you will find their conditions of validity, implementation, in which types of contract they can fit, for which employees, the amount of the counterpart to be poured if necessary by the employer….etc
He is often delicate to write some of these clauses. To help you, this synthesis contains models of clauses that it will not any more remain you but to fill or to adapt as well as possible according to the situation
Statute tallies
The executives constitute a specific category company employees. Before being interested in the specific provisions which relate to them, it is advisable to define what is a framework.
One finds several definitions of the framework, according to the subject to which one sticks. Thus, the framework will be defined differently according to whether the collective agreements are studied, or case law.
- How to define the framework?
The Labor regulation, as for him, distinguishes three categories of frameworks taking into consideration their working time: autonomous executive officers, executives and integrated executives.
- Which are the characteristics of each one of these categories?
- Which are the rules relating to the expertbase.netration of the work which are applicable for them?
The employees having the quality of framework can conclude from the Conventions of fixed price. There are several types: the Convention of fixed price in hours on a weekly, monthly or annual basis, and the Convention of fixed price in days on an annual base.
- What a Convention of fixed price?
- Which are the characteristics of each Convention of fixed price?
Work contract - general information
The provisions of the Labor regulation and the collective agreements are implemented to the employees, therefore with the titular people of a work contract.
- But starting from which criteria does one consider that a work contract exists?
- Which elements make it possible to make the difference between the employee of a firm and a self-employed person?
A very widespread generally accepted idea in the people's mind wants that the work contract is the subject of a writing.
But that is not inevitably true, the law imposing of writing only for certain contracts.
- Which contracts have to be written?
- Even in the absence of does writing, of which information have imperatively to lay out the employee lately engaged in a firm?
From the moment when there exists a work contract, writing, verbal or tacit, between two people, those have obligations one towards the other which they must adhere to until the rupture of this contract.
- Which are the contractual obligations of the employer?
- Of the employee?
Helped contracts
There exist many operative paragraphs having for objective to encourage the employers to engage, and to support the insertion professional of the people in difficulty. These operative paragraphs take the form of helped work contracts, i.e. making it possible the employer to profit financial aids exemption from charges and/or at the time of recruitment, social.
The incentives at the time of recruitment are the subject of regular reforms. Our synthesis takes again the helped contracts being able to be concluded to date:
- the contract of accompaniment in employment
- the contract initiative-employment (CIE)
- the contract insertion - minimal income of activity
- the contract young people in firm
- the contract with a future
- the contract of access to employment .
For each type of contract, the following questions are tackled:
- which are the recipients of the helped contract?
- which are the employers who can conclude this contract?
- how to conclude the contract?
- which are the characteristics of the contract?
- which are the advantages granted the employer?
Contract of professionalisation
Appeared in 2004, the contract of professionalisation has the role to make it possible to acquire a professional qualification and to support insertion or professional reintegration and job-seekers.
- Who can sign this contract? Which employers can engage under contract of professionalisation and profit from aid which is attached there?
The contract of professionalisation answers specific rules of validity, different from the conventional contracts. Thus, it can as well take the form of a TDCI or of a but must always be the subject of a writing…
- Which are the characteristics of the contract of professionalisation compared to a “conventional” work contract?
- Can it be renewed?
- Which are the steps to be achieved so that it is valid?
- With what engage employer and paid by signing such a contract?
This contract makes it possible to the employee to acquire a formation and to double the aforementioned of an experiment in professional environment.
It will be remunerated as well for the periods of work payroll as expertbase.netring the formations.
- Of what does consist the formation?
- How long will it last?
- How much does an employee in contract of professionalisation touch?
The firm which engages under contract of professionalisation profits from certain a number of financial assistances.
- Which is the advantage for a firm of engaging an employee under contract of professionalisation?