Various mandatory formalities must be carried out by the employer for any recruitment, regardless of the nature of the contract and the duration of the contract.
But also, specific formalities are to be carried out for certain categories of employees.
We take stock of all the formalities in this note.
1. Prior declaration of the employee
1.1 Pre-employment declaration
In the 8 days preceding the hiring of an employee, a pre-employment declaration (DPAE in French) must be sent to the URSSAF.
The DPAE makes it possible to carry out in one step:
- The employer’s application for registration with the general social security scheme;
- The employee’s registration with the primary health insurance fund;
- The creation or acquisition of a company employing employees;
- The application for affiliation to the unemployment insurance scheme;
- The application for membership of an occupational medical service;
- The request for the information and prevention visit.
However, according to “Acoss”, in the case of successive contracts with the same employer, there is no need to renew the DPAE (fixed-term contract, apprenticeship contract transformed into a permanent contract, etc.).
Moreover, an employee working for several employers must be subject to a DPAE by each employer.
In addition, if it is an employee in the agricultural sector, the CCA must be sent to the MSA.
1.2 Additional Statement
In addition to the DPAE, the employer must make a declaration, by registered letter, to the labour inspectorate prior to hiring:
- When re-hiring in an establishment that has ceased to employ staff for at least 6 months;
- When declaring a change of the company (change of operator, industry or trade, or geographical transfer).
2. Mandatory formalities
2.1. The single staff register
An employee who has just been hired must be registered in the single personnel register.
Indeed, the personnel register is mandatory for any employer as soon as the first employee is hired, under penalty of criminal sanctions.
The single staff register must contain mandatory information, in particular on the identification of the employee (surname, first name, for example) or his career (job, qualification, etc.).
Specifically, these entries on the register must be kept for 5 years from the date on which the employee left the establishment.
2.2. Additional formalities specific to certain categories
The hiring of a job seeker registered with the “Pôle emploi” (French employment agency) must be the subject of information within 48 hours to the service to which he belongs. However, this formality is carried out through the DPAE.
With regard to the recruitment of young people, minors under 16 years of age to perform light work during school holidays, the employer must send a prior declaration to the labour inspectorate.
Finally, formalities are also specific for foreign workers. Indeed, an application for a work permit must be made when the residence permit does not already contain such an entry and an application for a residence permit by the foreigner worker must be made. Subsequently, 48 hours before hiring, the employer must ask the prefecture of the department of the place of hiring, for the authentication of the residence permit or the work authorization of the foreign employee.
2.3. The information and prevention visit
An information and prevention visit must be organized with the occupational physician within 3 months of recruitment. However, it can be organized within 2 months in the case of an apprentice.
On the other hand, for workers assigned to a job presenting particular risks to their health or safety, a medical examination of aptitude replaces the information and prevention visit
2.4. Affiliation with institutions for pensions, provident insurance and healthcare costs
- Retirement affiliation:
Companies are required to affiliate all persons holding an employment contract, whatever its nature or whatever their functions, to the supplementary pension institutions of “Agirc-Arrco”. This is done by transmitting the nominative social declaration (DSN) to all the bodies that manage the social protection of employees.
- Mutual membership/healthcare costs:
Since 1 January 2016, private sector employers (excluding individual employers) must offer collective supplementary health coverage to all their employees. This obligation applies regardless of the employee’s length of service in the company.
A « company healthcare mutual » or « complementary company healthcare » allows any employee to supplement his reimbursement of health expenses in addition to the part reimbursed by Social Security.
The employee has the obligation to be affiliated to the mutual insurance / health expenses scheme, unless he makes use of a case of exemption. In this case, keep proof in your files, of the use of the exemption case by the employee.
- Membership of compulsory provident schemes:
Provident insurance is a supplementary cover that covers risks that may affect the life of an insured person, particularly in the event of: illness; maternity; disability; dependency; death; accident at work; occupational disease.
Provident provision is compulsory in the company for managers or when it is provided for by collective agreement or branch agreement or decision of the employer.
When hiring, it is therefore necessary to think about affiliating your employees to the provident plan applicable within the company.
3. Documents to be given to the employee
3.1. The employment contract
The contract of indefinite duration (CDI) is the normal and general form of the employment relationship. The delivery of a written document is not mandatory for this contract, which is by nature consensual. The employer must still submit a written document containing the information contained in the pre-employment declaration sent to the URSSAF.
However, for many contracts such as the fixed-term contract (CDD) a written document is mandatory. In the absence of a written document, the contract is deemed to have been concluded for an indefinite period. The fixed-term contract must be given to the employee within 48 hours.
Remember to keep a signed copy of the contract in your personnel files and to send a copy to your payroll manager.
Our employment lawyers can help you in the execution of employment contracts relating to French labour law.
3.2. Provident documents
An employer who has taken out a company mutual insurance or a provident contract for his employees must provide the beneficiaries with the information notices. These notices are drawn up by the insurer and define the guarantees, the terms of application and the formalities to be completed in the event of a claim.
In addition, you must also provide the employee with the legal document by which you set up the provident scheme (unilateral decision or collective agreement).
Keep a document signed by the employee attesting to the delivery of all the documents indicated above. In addition, in the event of an exemption from affiliation, keep a signed copy of the employee’s request for exemption.
3.3. The collective agreement, the internal regulations, the IT charter, the guide on employee savings, the applicable company agreements, etc.
The employer must give the employee at the time of hiring a notice informing him of the contractual texts applicable in the company or establishment. The document must also indicate to the employee the place where the latter may consult the documents. For example, the employer can make them available within the HR department or put them on the intranet, if the company has one.
List of the most common documents: collective agreement, agreement on the organization of working time, profit-sharing or participation agreement, PEE, internal regulations, IT charter, teleworking charter.
This fact sheet contains summary information. Please contact us for advice tailored to your situation. We cannot be held responsible for misinterpretation.
Head of Employment and HR Law
01 40 40 38 38