法国劳动法-阿拉里斯法-十大菠菜台子

劳动法 in France protects employees from the start of their work relationship, throughout the duration of the work contract and up to its termination.

French labour law tends to be more employee-friendly than employer-friendly. 在法国, legislation applicable to the employment relationship between the employer and employee is essentially set out in the French Code du Travail (Labour Code) and various collective agreements. In the event of legal dispute, French case law is predominantly decisive. 的re are big differences between decisions handed down in the individual labour courts (the Conseils de Prud’Hommes).

在法国, the Labour Inspectorate is responsible for ensuring compliance with labour law provisions within and outside the workplace (e.g. 建筑工地).

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法国的雇佣合同:CDI和CDD

根据法国劳动法，情况有所不同雇佣合同. French law sets out for permanent 雇佣合同 (CDI), 固定期限劳动合同s under certain conditions (CDD) as well as temporary 雇佣合同. 此外, 在某些活动领域, project contracts can be entered into that end after the completion of the project for which they were executed without the premium of 10% payable as for the termination of a CDD (e.g. in the case of construction contracts after acceptance of the building).

CDD——法国的固定期限合同

法国 CDD - contratcomadere - danci.99.com 是一个 固定期限劳动合同. 顾名思义，它的持续时间是有限的. Its limited duration must be explicitly mentioned in the employment contract, 以及所有其他强制性的特殊规定. 的 legal possibilities to sign a CDD are strictly limited and binding under French labour law.

A CDD that continues after termination automatically becomes a CDI. Caution should therefore be placed when formally confirming the termination of the CDD in France.

CDI——法国的永久雇佣合同

的 法语CDI - Contrat 杜尔萨伊姆·达尔萨伊姆·达尔萨伊姆 是一个 无限雇佣合同. 其持续时间是无限的. A CDI can only be ended via a mutual agreement or after a 解雇 procedure.在法国, the CDI is the normal contractual employment relationship under Article L1221-2 of the Labour Code. 的 rights and obligations under the CDI are set out in French labour law.

法国的工作时间

In addition to 雇佣合同, French Labour Code also regulates 工作时间. It is mandatory to comply with these provisions or to draft lump-sum 雇佣合同 for employees in manager positions. 在持续的雇佣关系中, 必须注意不要超过小时数, 因为雇主有义务照顾他的雇员.

根据 法国关于工作时间的法律, it is forbidden to have an employee work more than 6 consecutive days per week. 原则上禁止在星期日工作. 然而，在某些情况下，周日休息是不可能的. 在这种情况下, the day of rest can either be postponed to a day other than Sunday or shortened under certain conditions, 这取决于法律上的例外情况.

每周工作时间至少为35小时. 然而, 这条规则也有例外, 比如每周39小时的合同, as well as flat-rate 雇佣合同 for senior employees where no overtime is paid – these are arguably more the rule than the exception.

Every worker is entitled to at least two and a half working days of paid leave per month and per year (i.e. 服务满一年后的五个星期). Certain employee absences are taken into account when calculating days of leave. 某些集体协议, the employment contract or an employment custom may provide for a holiday duration that is more favourable to the employee than the legal duration.

法国裁员

在法国, there must be a compelling reason for an employee to be dismissed based on personal or economic reasons. In addition to the reasons for 解雇, a strict 解雇 procedure must also be respected. In addition to the notice period in France, the employee must be invited to a 终止会议 在适当时候.

的 终止信 还必须说明终止的原因吗. 除了经典的解雇, there is the alternative possibility of terminating the employment relationship by mutual agreement under a 终止协议.

集体解雇 in France are also extremely formal and the applicable procedure depends on the number of workers to be dismissed and the size of the company.

结论:法国劳动法

根据法国劳动法, mandatory provisions must be set out in the employment contract, 可以拟定一个固定期限, 期限:不确定的期限或有限的时期. Working hours are regulated by the French legal provisions. It is important to be aware of basic requirements of French labour law, 即使在借调的情况下. 例如, pay must not be below the minimum wage (so-called SMIC) and the 35-hour week must be respected. 在终止的情况下, attention must be paid to the applicable procedure (notice or 终止协议), the French mandatory notice period and the amount of severance pay. 法国劳动法对雇员相当友好.

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我们为您提供法国劳动法方面的建议

Alaris specialises in French employment law and also assists you with all international employment law questions. 我方建议贵方:

法国雇佣合同
解雇
劳工法制裁(劳工督察)
终止协议
借调等.

We represent you in collective labour law (works council rights, 工委会选举, 集体谈判协议, 等.)以顾问身份及/或出庭.

In difficult, demanding international legal disputes, you will benefit from our extensive experience. Alaris is familiar with labour law litigation and settlement proceedings before French labour courts and will accompany you through labour inspections in France.

的 aim of Alaris law firm is to provide each and every client with full legal and practical support – in all areas of individual and collective French and international labour and social law.

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