As part of their activities, an employee benefits from several rights related to their status: the right to information, to expression, the right to a minimum wage… Would you like to know more about employee rights? The following lines are for you!
What are the rights of employees regarding employment contracts, working hours, and salary?
The Labor Code governs the majority of employee rights in France. That said, the employee always has the right to have a proper employment contract with their signature and that of the employer. This document must specify the employee’s working conditions, including hours and salary.
As a reminder, working hours are subject to a ceiling of 12 hours of actual work per day. In most cases, an employee will thus work 35 hours per week, or 151.67 hours per month.
Furthermore, the employee is entitled to a minimum wage defined by law, which depends on each person’s age and level of education.
It is therefore important to verify that the following elements are respected in the terms of the contract:
- The laws relating to the minimum wage (SMIC)
- The rules of monthly payment
- The principle of equality
- The principle of non-discrimination
How are overtime hours and paid leave days regulated for employees?
Once again, regulations on overtime hours are set by the Labor Code. Thus, in the context of activity exceeding the statutory 35 working hours, the employee must receive a salary increase of 25% for the first eight hours and 50% for the following hours.
Moreover, if no agreement regarding overtime hours is available within the company, the annual ceiling for extra working hours is 220 hours.
Regarding paid leave, the employee is entitled to a minimum of 2.5 working days of leave per month.
How are employees protected against discrimination and harassment in the workplace?
To protect employees from discrimination and harassment in the workplace, the law allows them to resort to two solutions: a criminal recourse and a civil recourse.
In the first case, the employee can file a complaint with the police station, the gendarmerie, or the chief investigating judge of the judicial court. By proceeding in this way, the employee will be assisted in the steps. It should be noted, however, that they can also file a preliminary complaint online.
In the context of a civil recourse, the labor tribunal (conseil prud’homal) will intervene. This will allow the annulment of decisions based on discriminatory grounds. Likewise, the employee can also request compensation for the damage.
That said, regardless of the recourse chosen by the employee, they must be able to present evidence of discrimination. On the employer’s side, elements justifying the decisions must also be presented.
What are the rights of employees in case of dismissal, mutual termination, or resignation?
In the context of a dismissal, the employee may be entitled to a severance pay. Similarly, a compensatory paid leave allowance is also possible, depending on the terms of negotiation.
On another note, a mutual termination agreement also results in a specific mutual termination indemnity. The amount of the indemnity is then higher than the legal severance pay and must follow an agreement between both parties.
Finally, an employee who resigns does not receive any termination indemnity and is not entitled to unemployment benefits. That said, it is always advisable to consult a lawyer or a legal advisor.
How can employees organize unions and collectively bargain with their employers?
To set the scene, it should be recalled that unions participate in defending and preserving the interests of employees within a company. In this regard, they play an important role in the life of the company, particularly in the context of collective bargaining.
In France, employees have the possibility to organize unions, in accordance with their right to freedom of association. In this sense, it is possible to freely establish a union without requiring the employer’s approval. From then on, employees will designate a union delegate who will represent their voice in various negotiations.
How are employees protected against workplace accidents and occupational diseases?
When an employee suffers a workplace accident or an occupational disease, they may request special protection during their work stoppage. Furthermore, if such incidents impair their ability to hold a job, the employer is obliged to offer work that fits within their capabilities. Likewise, the work offered must be equivalent to the previous position they held, even if this requires job adjustments.
If such measures prove impossible, the employer must present the reasons for the impossibility of reassignment to the employee. Thus, if the decision follows a contract termination, the employee will receive a special indemnity.
However, it should be specified that an employee who has been the victim of a workplace accident or an occupational disease is protected against dismissal.
What are employees’ rights regarding maternity, paternity, and adoption leave?
An employee is entitled to maternity leave lasting 16 weeks and paternity leave of 11 days. Regarding adoption leave, it is possible to request 10 weeks if the employee has just adopted a child. However, if the adoption concerns two children, the leave entitlement is 18 weeks.
It should also be noted that these leaves allow for daily allowances through social security. Depending on the company, the employee may also receive coverage of medical expenses or support.
How can employees obtain information about their remuneration and social benefits?
The pay slip is a fundamental right. Thus, to obtain the necessary information related to remuneration and social benefits, the employee can request a detailed pay slip. Moreover, it is important to specify that employers are obliged to issue a pay slip to employees monthly.
If you go through an employment agency, it should also be able to inform you about the various elements related to social benefits and remuneration.
How can employees request leave for personal or family reasons?
According to the Labor Code, an employee can request leave for family or personal reasons. To do so, they can send a request letter with a justification of the family situation to the employer. This request can also be made by email or through management systems set up by the company.
In any case, it is advisable to keep a copy of your request, hence the importance of requesting an acknowledgment of receipt. Leave for family or personal reasons relates to events such as a wedding, a birth, a death…
How can employees exercise their right to strike and how should their employer respond in case of a strike?
The bad news for employers is that employees have the right to strike. In such circumstances, there is often a collective and concerted stoppage of work-related activities. Moreover, a strike is often driven by professional demands.
However, during strikes, the employer can withhold the wages of striking employees in accordance with the period of work stoppage. Nevertheless, the employer is not entitled to sanction employees following a strike, as this is a fundamental right.
In case of individual disputes between employer and employee, the intervention of the Labor Court is often necessary. Thus, if you are an employee, do not hesitate to contact the labor inspectorate in case of difficulty. Likewise, the labor inspectorate is also attentive if you are a victim of harassment or discrimination.
To know the rights of the employee in France, you can rely on three legal texts: the Labor Code, collective agreements, and the employment contract. These three documents are complementary, as some information may be missing from the employment contract and included in the Labor Code.
