2008

Sunday, December 7, 2008

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professional ...

should be distinguished from the trial period, part of a employment contract, generally regulated by collective agreement and testing or testing professional, prior to any hiring period of very short duration, which consists of special tests for the employer to be aware of the professional qualifications of a person and his ability to occupy employment offered to him.
The professional test is therefore unlike the actual test before hiring. This is a test or examination of very short duration allowing employers to verify the applicant's professional qualifications and suitability for the position sought. (Continued )

Saturday, December 6, 2008

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Act labor income

Another new law for the purchasing power!
Essentially, the law allows the employee to request the immediate payment of participation the renewal of an incentive agreement by tacit agreement. So if neither party empowered to negotiate or ratify a profit-sharing agreement does not require renegotiation of the 3 months preceding the date of the agreement, it will be renewed automatically if the original agreement provides for the company to replenish the employee savings plan where the employee will pay the money from the participation .
The law also specifies the rules applicable to employees of employer groups in terms of sharing, participation and employee savings. The law amends
timing of the revaluation Annual SMIC. This will occur on January 1 ( rather than July 1 ). This provision comes into force on 1 January 2010 ; the effective date of fixing the minimum wage for 2009 is maintained at 1 July.
- tax credit in respect of incentive awards,
- Outstanding Award of 1500 euros
- The management training within the scope of application of provisions relating to vocational training,
- Employees of the groupings employers
- Salary Reference
- Increased thresholds to qualify for the APR ....( then read the law )

Sunday, November 30, 2008

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Should we allow the opening of shops on Sunday?

early March 2008. The company Ikea was forced to pay 450,000 euros fine after opening their store Pontoise three consecutive Sundays in November 2007. (Source LCI.fr) This case is just one example among many: many other brands are having to pay fines following a Sunday opening their shops. For example, most stores Virgin of Paris even prefer to pay a fine rather than routinely close their doors that day.

Should we allow the opening of shops on Sunday? The debate seems still valid, and divided the opinions of French. According to various surveys, while 55 to 70% of French are in favor of Sunday opening of their favorite stores, 75% of these same people do not want to work on Sundays, which represents in their eyes one day most of the week devoted to rest, family life and leisure. In fact, according to Robert Rochefort, director of Research Center for the Study and Observation of Living Conditions (Credoc), "public opinion is schizophrenic, contradictory and volatile." Indeed, in April 2006, 75% of Paris region are in favor of opening shops on Sundays (Ipsos) and three months later, in June 2006, 75% of French people oppose any opening (BVA survey). This behavior is uncertain due to the fact that the consumer and the worker are often one and the same person.

But actually said that the law on Sunday opening? Why the Sunday opening of stores is more problematic than the opening of a sawmill, for example? Which proposals offer the state?

Read

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Leave for family reasons

Any employee, when that it to a dependent child is eligible for leave for family reasons, there are various parental leave, leave to raise a child with a disability requiring ongoing care, leave for family events, leave to go abroad with a view to adopting a child ... Under certain conditions, employees may suspend their work contract and take a long leave. Unlike conventional paid leave, such absences are unpaid and entail a suspension of the employment contract. Nevertheless some formulas allow the use of part-time.

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The key points of an accident

medical anoint:
Waiver of fees in advance,
No co-payments within existing tariffs responsibilities. Care is fully covered by Social Security.
Fixed fee of 1 € maintained.
diem:
No waiting periods and days of the accident paid entirely by the employer.
Maximum 60% of daily earnings base to 0.834% of the maximum annual Social Security and 80% of salary from the 29th day of arrest.
Annuity: An annuity
may be paid in case of incapacity recognized following the accident.
Employment Protection:
Prohibition of termination of the accident victim during his arrest on the grounds of his disability.
Possibility of dismissal for serious misconduct for a different reason for the accident, or for real and serious.
Impact on contributions: Implications
by mode and if the pricing error is inexcusable.
Use of the employee or his beneficiaries cons Employer:
In principle, no appeal is possible except in the case of a traffic accident if the employer or worker is responsible for a gross negligence or willful misconduct. (Labour Code Art L.1226-9)

Read

Tuesday, July 22, 2008

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Suspended tripalium intelligence service during the summer. Credit unions

July 15 to September 1 , annually tripalium the monitor is turned off. You
can still be found on this notebook, the latest articles published on the site. Take advantage
also make your remarks and comments on tripalium!

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Today it is difficult to determine from which funds and unions that primarily finance, as say no one can say how they are funded. Initially there is the law of 1884 that we will explain the different responses and legislators who tends to a transparency of financing of our unions, here are some answers to the question: How are funded trade unions of employees in France? ( result )

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Prevention of workplace harassment

Bullying has always existed in the workplace. This is not a new practice, but his name, also referred to as mobbing, is quite recent. Indeed, sexual harassment is recognized in French law since 1992, mobbing is introduced into the Labour Code by the law of social modernization of January 19, 2002 [2002 to 73.17 L No janv.2002, JO Jan 18] After the Labor Code " no employee is subjected to repeated acts of harassment that have the purpose or leads to a deterioration of working conditions might adversely affect his rights and his dignity, affect his physical or mental health or jeopardize his professional future [C.trav. ; Art.L.122-49/record. C.trav., Art.L.1152-1]. When such a case is accepted, the Penal Code provides a penalty of up to one year imprisonment and a fine of 15 000 € [C.pén., art. 222-33 and 222-33-1]. The adoption of the law on the fight against discrimination in 2001 marked a 1st step of identifying the phenomenon. Now companies need to look at their practices, discrimination remains a clearly identifiable risk to the company. (Continued )

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Published decrees relating to the modernization of the labor market

Two decrees were published July 18, 2008, making applicable on the break. They concern the following:
Severance pay: Article R1234-2Changing by Decree No. 2008-715 of 18 July 2008 - Art. 1L'indemnité dismissal will be less than one fifth of a month's salary per year worked, plus two fifteenths of months per year over ten years seniority.
Approval of the termination by mutual consent: R1237-3Created Article by Decree No. 2008-715 of 18 July 2008 - Art. 2L'autorité administrative authority for approval of the termination agreement provided for in Article L. 1237-14 is the director of the labor, employment and vocational training for the place where it is established the employer. (Continued )

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SMIC on 1 July 2008

From 1 July 2008, for categories of workers mentioned in Article L. 2211-1 of the Labour , the amount of the minimum wage is increased to € 8.71 an hour in France, in the overseas departments and in communities overseas Saint-Barthélemy , St. Martin and Saint Pierre and Miquelon.
From 1 July 2008, the amount of the guaranteed minimum under the Article L. 3231-12 of the Labour is set to 3.31 € in France, in overseas departments and in communities overseas Saint Barthelemy, Saint Martin and Saint-Pierre and Miquelon.

hourly monthly-weekly schedule
SMIC BRUT
35 h
151.66 € 321.02 1 h

( result )

Monday, July 21, 2008

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Requalification contract term employment (CSD) in the employment contract of indefinite duration (CDI).

The contract term employment should be considered an exception to the employment contract term undetermined. That's what we said art. 1221-2 of the Labour Code which provides that the employment contract is concluded without a fixed duration. And since the order of 05 February 1982. The legislature's desire to make an exception of CDD is an integral part of the insecure situation in which he places the employee . Exhaustively regulated by the code and very closely monitored by the judge, the draft contract can be reclassified as a permanent contract. order to determine the rules of this reclassification, it must answer three questions: When does the CSD can be reclassified in CDI? How to obtain this reclassification? What are the consequences? ( result )