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  1. D4a2 - Comment est fixée la rémunération?

    In principle, remuneration is freely determined by the employer and his employee. The employer is nevertheless required to comply with the social minimum wage (SSM) and, if any, scales of remuneration laid down in certain collectives work agreements.

  2. D4d2 - What is to be understood by an “assignment”?

    Definition An assignment is a voluntary act by an employee by which he authorises the employer to transfer part of his wages to another person; the validity of the assignment is subject to the drawing up in advance of a...

  3. D4f5 - Can unequal pay as between men and women be allowed?

    Yes. Unequal pay for men and women may be acceptable if the employer establishes that it is based on objective and non-discriminatory factors. In France, the Court of Cassation (judgment of 21 January 2009, No 07-43.452, Bull. civ. V.) held...

  4. D5a1 - What is to be understood by working hours?

    Definitions The working hours is the time during which the employee is available to his/her employer or employers, if there are more than one, except for the rest periods during which the employee is not required to be available to...

  5. D5c9 - How is overtime calculated?

    Article L.211-27 of the Labour Code provides that “The hourly wage is obtained by dividing monthly wages by the flat rate of one hundred and seventy-three hours”. Thus, the wage to be taken into account for calculation of the hourly...

  6. D5d1 - What is the definition of night work?

    Definitions The Labour Code defines the nocturnal period as the interval between 10 p.m. and 6 a.m.. The following persons are regarded as night workers within the meaning of the law: every employee who works during the nocturnal period for...

  7. D5d7 - What wage increments are applicable to night work?

    No legal provision sets wage increments for night work in companies not covered by a collective work agreement. Only in the legislation on collective employment relationships is there any mention of a rate increase for night work. In fact, it...

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