To promote employee well-being, it is important to focus on working conditions. These frame the context in which the employee operates at work: hours, safety, workplace, night work… As you might have guessed, working conditions are governed by a multitude of parameters and we discuss them!
What are workers’ rights regarding working hours and breaks?
According to European legislation, all workers have individual rights. In this sense, a full-time employee has a work obligation for a maximum duration of 48 hours per week. To recharge, the employee also has paid leave of at least 4 weeks per year of work.
Regarding break times, workers in France can benefit from a 15-minute break during a workday of more than 5 hours and 30 minutes. However, if the working hours exceed 7 hours, the employee is entitled to a 30-minute break. Finally, working times of more than 9 hours in one day must be compensated with one hour of break.
How are employers required to protect the health and safety of their employees?
To comply with regulations, the employer is obligated to ensure the safety and health of their employees. In this regard, they must carry out prevention, training, and information actions to allow employees to work in a low-risk environment.
To prevent professional risks and hazards, the employer is thus led to focus on:
- Risks of falls
- Risks of injury caused by work equipment
- Psychosocial risks that may be caused by excessive workload, aggression, or violence
- Chemical risks
Furthermore, if risks are unavoidable, the employer is obliged to assess the extent of the danger to propose preventive measures.
How are overtime and night work regulated?
As a reminder, night work is performed during the time slot from 9 p.m. to 7 a.m. For a night worker, the working time cannot exceed 8 consecutive hours per night.
Moreover, a night worker also benefits from mandatory compensatory rest and has the right to enjoy other advantages such as: medical monitoring, priority for day work, compensations…
Regarding overtime, the law does not allow employees to work more than 220 hours per year. Likewise, when overtime is performed from 9 p.m. to 7 a.m., it is considered night overtime. In this latter case, the increase is 75% of the salary.
Conversely, daytime overtime has an increase ranging from 25% (first 8 hours) to 50% (beyond the first 8 hours).
How must employers manage paid leave and sick absences?
Within the scope of their responsibilities, the employer must ensure proper management of paid leave and employee sick absences. Thus, as a general rule, an employee is entitled to 2.5 working days of leave per month if they have completed one month of actual work.
Furthermore, when the employee decides to take their paid leave, the employer cannot refuse the employee’s request, except in exceptional circumstances with justification.
Regarding absences due to illness, it is not always automatic to obtain paid leave. Indeed, this will depend on the illness itself. Thus, an occupational disease is included in the calculation of paid leave. Conversely, an ordinary illness will not be counted among the paid leave days.
What are workers’ rights regarding minimum wage and overtime pay?
Every worker must be able to refer to a minimum wage that varies from one sector to another and from one region to another. It is the law that sets the amount of the minimum wage, and this applies to both full-time and part-time workers. In this sense, the salary paid by the employer must be equal to or greater than this amount.
Regarding overtime, these hours must be compensated with a salary increase of 25 to 50%. Likewise, if overtime exceeds 220 hours per year, the employee is entitled to compensatory rest.
How are employers required to provide a safe and healthy work environment?
Providing a safe and healthy work environment is an employer’s obligation. Benefiting from a certain level of security in the workplace, whether psychological or physical, is part of the employee’s rights. To achieve this, the employer can, for example, optimize the workspace by carrying out ventilation or airing work.
Furthermore, for the mental safety of employees, the employer must avoid exposing employees to daily stress or leading them to professional burnout. Companies should thus have adequate support and resources in place.
How are workers protected against harassment and discrimination in the workplace?
According to the law, workers must be protected against discrimination and harassment in their professional environment. Thus, employer decisions must be based on professional criteria and not other parameters.
To protect employees, there are civil and criminal sanctions in cases of moral or sexual harassment.
To prevent discrimination, the employer must ensure respect for everyone’s values through a multitude of specific obligations. In cases of harassment, workers can alert the Economic and Social Committee (CSE), staff representatives, or the labor inspection.
What recourse do workers have in cases of unfair dismissal or abusive termination of their employment contract?
Dismissals must be justified by serious and/or real causes. In this sense, if the dismissal is not based on a specific cause, it will be considered abusive. In such situations, the employee can contest the employer’s decision within 12 months following the notification. The employee can then bring the case before the labor tribunal (Conseil des prud’hommes).
For this process, the first step is to seek amicable solutions by sending a formal notice accompanied by a declaration to the court registry. If the issue is not resolved, the employee can file a claim with the labor tribunal, which will result in the scheduling of a hearing date.
If this first hearing does not lead to an agreement, the case will proceed to a judgment hearing. It is during this hearing that the claims will be presented.
How can workers organize unions and collectively bargain with their employers?
To organize unions and collectively bargain with their employers, employees can create a workers’ union. This type of organization must be established within the company and must consist of a committee that defines the union’s directions. At the head of the organization, there should be a general secretary who is elected by the members.
However, it must be noted that the employer can refuse the establishment of the union or collective bargaining.
In any case, collective bargaining is an excellent way to negotiate collective agreements within a company.
How should employers treat temporary workers and independent contractors in terms of working conditions and social protection?
Temporary and independent workers have the right to benefit from the same level of protection as full-time employees. In this regard, the employer is obliged to ensure their safety and health within the scope of their activities. Likewise, the employee must also implement training and information actions for temporary and independent workers.
Regarding social protections, this will mainly depend on the legal form of the company.
If your working conditions are not compliant, you can talk to your employer and send them an information letter. If no action is taken following your initiative, you can appeal to the labor inspection.
According to the National Agency for the Improvement of Working Conditions (ANACT), 6 factors ensure good working conditions: social relations, work (content & means), physical environment, organization, achievement & development, and the possibility to reconcile private and professional life.
