Engaging services as a “consultant” in France must be viewed with great caution under French employment law. In the event an employment bond is found, the “consultant” may file a labor claim in court, claiming the sums he or she deems to be entitled. In addition, labor authorities may file charges that statutory contributions have not been paid on behalf of the “consultant”.
the Employment Relationship
The termination of an employment contract by the employer (other than for “faute grave”) must carefully follow a prescribed procedure, involving pre-termination meeting with right of accompaniment, notices in the French language and specific waiting periods. Notice of termination (or payment in lieu) and severance is generally by CBA provision, or contract if more favorable. Unjust termination (ex. without a carefully documented performance case or redundancy basis) can give rise to claim for damages, often involving many months of salary. Further damages can arise if the termination was found to be “brusque and abrupt”.
35 HOUR WORK WEEK
has introduced a mandatory 35 hour work week. For employees not subject to
close monitoring of hours (ex. sales) additional remunerated time off in
compensation is required.