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Skills domains
Topic(s)
- D01 - Employment contracts
- D02 - Other contracts
- D03 - Probationary period
- D04 - Remuneration
- D05 - Working hours
- D06 - Sickness
- D07 - Employment of persons who are pregnant, or have recently given birth or are breastfeeding
- D15 - Posting of employees
- D17 - Délégations du personnel et conventions collectives
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D4b10 - Is a company car to be regarded as a benefit in kind?
“Wages” must be taken to mean the overall remuneration of the employee, including, in addition to cash payments, any other incidental advantages and payments, such as in particular bonuses, increments, discounts, premiums, free accommodation and other items of the same...
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D4c1 - Is the employer obliged to deliver an exact and detailed statement to the employee at the end of each month?
Yes. The employer is required to deliver to the employee at the end of each month, together with the last payment of wages or salary, an exact and detailed account. The statement must indicate: the method of calculation of the...
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D4d5 - May an employer withhold certain amounts from the wages of his employee?
An employer may retain amounts from the wages of his employee only in the cases exhaustively listed by law. Thus, no deduction may be made by the employer from remuneration other than in respect of: fines incurred by the employee...
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D4e3 - What should be the form of a receipt in full and final settlement?
In order to protect the employee, the legislature requires compliance with certain forms in the drafting of the full and final settlement. The full and final settlement must be drawn up: in writing; and in duplicate, one copy being given to the employee.
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D4f1 - Are employers required to respect equal pay for men and women?
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D4f7 - What about contractual clauses, agreements or provisions of internal corporate regulations that are contrary to the principle of equal pay for men and women?
Any clause appearing in particular in an employment contract, a collective work agreement or any provision that appears in internal corporate regulations and includes, for one or more employees of one of the two sexes, a salary lower than that...
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D4a4 - Who may claim the social minimum salary for skilled workers?
To be able to claim the social minimum wage for skilled workers: an employee who is engaged in an occupation calling for a professional qualification usually acquired through education or training evidenced by an official certificate. Definitions The following are...
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D4a11 - How should an employee react when wages are not paid by the employer?
An employee whose wages have not been paid may take the following steps: He may send a formal notice to the employer calling on him to pay the wage within a specified period (8 or 15 days). The formal...
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D4a20 - May the employer recover an overpayment of a leave allowance received by the employee?
If during the year in which the contract comes to an end and the employee has taken all his leave or a proportion of leave in excess of the leave entitlement that has accrued at that time, the employer may...
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D4a26 - What kinds of events give rise to interruption of the three-year limitation period for proceedings to recover remuneration due to an employee?
This matter is of great importance because the commencement of proceedings to recover remuneration after the expiry of the limitation period enables the defendant to object that the claim is out of time and should be declared inadmissible. Article L.221-2...
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D4b2 - Should benefits in kind be regarded as an element of wages?
Yes. In fact, “wages” must be taken to mean the overall remuneration of the employee, including, in addition to cash payments, any other incidental advantages and payments, such as in particular bonuses, increments, discounts, premiums, free accommodation and other items...
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D4b8 - Are meal vouchers to be provided also during periods of sickness?
The Labour Code does not contain specific provisions concerning meal vouchers. In principle, meal vouchers are to be regarded in labour law as a benefit in kind and therefore constitute an element of remuneration within the meaning of Article L.221-1...
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D4d4 - What amounts can be attached?
The Labour Code provides that remuneration is to be divided into 5 brackets which can be attached or assigned only within certain limits. Table of earnings brackets effective from 1 December 2016 Bracket Montant Proportion first bracket up to €...
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D4e2 - What are the conditions for the validity of a receipt in full and final settlement?
A receipt in full and final settlement must include the following information: an indication of the sums paid by the employer (e.g. arrears of wages, overtime, paid leave, severance pay, compensation in lieu of notice, etc.); the fact that it...
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D4a6 - Does the disclosure of qualifications during the performance of a contract confer on the employee a right to the social minimum wage for skilled workers?
No. An employee may not claim entitlement to the SSM for skilled workers if he did not produce, when recruited, a diploma attesting to his vocational training or if the employer had no knowledge of the employee’s qualifications. The disclosure...