Employment Policies and Staff Representation in France: Key Guidance for UK Companies

folder_openEmployee Relations, France, International, Policies

Our team is privileged to work alongside diverse international companies who want to establish a French presence.  This involves helping them navigate some of the key workplace differences they will encounter in France.

In particular, UK employers are often surprised by two major variances: employment policies and staff representation.  To help clarify, we will explain both in this article.

French companies tend to have few, if any, individual employment policies.

Although informed by national legislation, UK companies tend to create their own suite of employment policies to govern life at work.  

By contrast, French businesses are heavily regulated by extensive labour laws and collective bargaining agreements (CBA).  These provide robust legal frameworks that cover almost every aspect of employment in France, meaning individual company policies are not generally needed.

Some companies may find it useful to continue with their own suite of policies in France, perhaps for clarity and ease of management.  However, individual French company policies must still comply with the relevant labour laws and CBAs.  Alternative rules will always be overridden and deemed not applicable.

For the same reasons, French companies do not issue ‘employment handbooks’.

The French code du travail (labour code) and CBAs provides enough employment information and detailed governance to render handbooks largely irrelevant. 

While some companies may choose to implement them all the same – for example, international businesses whose managers or HR teams don’t speak French – the handbook must again reflect the labour laws and CBA provisions in force.

What about the règlement intérieur?

French companies with more than 50 employees are required to create a document of internal regulations (règlement intérieur).  This document must cover a range of subjects, such as the disciplinary process and health and safety, to which some company-specific elements may be added. 

Smaller companies may choose to implement the document before they reach the mandatory employee threshold, in order to define these company-specific elements.  However, each règlement intérieur must be approved by the Labour Inspector and follow a strict publicity protocole, to ensure compliance with the relevant legal frameworks.

Staff representation is mandatory in French companies with at least 11 employees.

Once the 11-employee threshold has remained in place for 12 consecutive months, the company must establish a Comité Social et Économique (CSE), or social and economic committee.

The role of the CSE is defined according to the number of employees in the company.  Between 11-50 employees, its duties will include:

  • Presenting individual or collective issues to the employer (about wages, applications of the Labour Code and other legal provisions, and company agreements).
  • Referring relevant complaints and observations to the Labour Inspector.
  • Promoting health, safety, and better working conditions company-wide.
  • Investigating work-related accidents and illnesses in line with the company’s risk-assessment document (DUERP).
  • Signing company agreements in the absence of trade-union delegates.

As the company grows, the CSE expands and takes on greater responsibility.  In particular, the joining of the 50th employee marks significant changes.

Can we help you understand and navigate employment practices in France?

We help international businesses to establish and maintain a successful presence in France.  Our bilingual team can answer your questions and clarify complex employment issues, also liaising with French third parties (such as the Labour Inspector and occupational health practitioners) where required.

Each month, we run free online training workshops on a range of French employment topics, and we also offer a free initial consultation for new clients.  Contact us to find out more. France.

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