On April 11, 2014, we published an alert for a new addendum to the SYNTEC National Collective Agreement in France. This shift led to wide global media coverage, including reports that the deal “affected a million French workers,” that work had “become illegal” after 6 p.m..m and that French workers were now “forced to turn off their phones” after that time, etc. The end of the probationary period has, of course, given rise to various types of litigation. The Labour Chamber of the Court of Cassation had already been asked to decide how to apply the provisions of the collective agreements in this regard. The Labour Chamber of the Court of Cassation took care to put the words “notice period” in quotation marks. In deciding that the company was entitled to extend the duration of the employment contract – provided that this contract was not processed after the end of the trial period – the Labour Chamber of the Court of Cassation seemed to distinguish between the “notice period” provided for by law and the notice periods provided for in collective agreements. Employment and employment companies subject to the so-called SYNTEC collective agreement should welcome a recent decision of the Court of Cassation on the termination of probationary periods The question of the effective termination of the contract has not been clarified with certainty, since the Labour Chamber of the Court of Cassation relied solely on the fact that the employee had been exempted from any activity, to decide that the termination was lawful. Could companies assume that the employment contract ends at the latest at the end of the trial period and pay only compensation for the “notice period” provided for in the applicable collective agreement that goes beyond the “notice period” provided for by law, which would have the effect of depriving the worker of certain rights, or should they instead regard this period as the notice period applicable to dismissals? The question remains open. Employers must offer all employees private health insurance (mutual) that supplements the health insurance reimbursements of the French social security. The amounts are determined by the management of the respective collective agreement (CBA).
Although not mandatory, some employment contracts or collective agreements may include “bonus plans” such as 13th month salary, year-end bonuses or performance-based bonuses. For employees working in companies with more than 50 employees, the French Labor Code requires the negotiation of a profit-sharing plan as part of the collective agreement. In fact, what the media reported as a change in the law is only a modification of the syntec national collective agreement agreed on 1 April 2014 between the employers` and trade union organisations concerned. The amendment has not yet been extended by ministerial decree to all companies that fall within the scope of the ABC syntec. These trial periods may be extended if the extension is approved by a sectoral collective agreement and the possibility of renewal is expressly provided for in the employment contract. In case of extension, the trial period for each of the above categories may not exceed 4, 6 or 8 months (Article L.1221-21 of the French Labour Code). The health system in France is mainly funded by state health insurance, and its health care system is considered one of the best in the world. The government tends to reimburse patients for 70% of healthcare costs, which is up to 100% for costly or long-term illnesses. The Court of Cassation had established the principle that, in the absence of an express indication in the applicable collective agreement, the duration of the period of notice provided for in that agreement must not run within the trial period or expire before the expiry of that period (Arbeitskammer der Cour de cassation, 31 October 1989, Nos. 86-43.894 and 11 October 2000, No.
98-45.170). Therefore, the probationary period – which is optional – could be provided for either in the employment contract itself or in the applicable collective agreement. For a long time, a number of collective agreements contained specific rules for the extension and termination of the trial period. Severance pay is paid as a fraction of employees` salaries, depending on seniority (at least eight months` stature). Depending on the nature of the applicable agreement and the applicable cost-benefit agreement, additional benefits may apply. Some tech companies offer visa sponsorship to foreign employees. In its decision of 16 September 2015, the Labour Chamber of the Court of Cassation took into account the fact that the worker had been exempted from the “notice period” and that the company had duly complied with the “notice period” provided for by law. For more information, see the SEC`s Privacy and Security Policy. Thank you for your interest in the U.S. Securities and Exchange Commission.
In practice, the same rules applied to notice periods in the event of the end of the trial period as to notice periods in the event of termination. When hiring new employees, companies must ensure that all newly hired employees undergo an Information and Prevention (VIP) visit within the first three months of hiring. .