Hiring an employee in France, legal obligations

Legal obligations before hiring an employee: finding the right candidate for the job

The employer’s legal obligations start as soon as the job offer is published.

Indeed, the job offer must comply with certain rules regarding the form of the offer, namely:

• it must be written in French (unless the post is aimed at a foreign/ English-speaking audience for example).
• it must mention a date.

With regard to the substance, the offer must respect the principles enshrined in the Labour Code and the Criminal Code, which prohibit any reference to, among other things:

• origin,
• sex,
• sexual orientation or gender identity,
• age,
• family status or pregnancy,
• genetic characteristics,
• membership or non-membership of an ethnic group/nation
• political views,
• religious beliefs,
• health condition or disability etc.

(Article L. 1132-1 of the Labour Code) and (Articles 225-1 and 225-2 of the Criminal Code).

It should be noted that certain discriminatory criteria such as age, for example, may be authorised by law when justified by the desire to protect the health of young workers. In this case, the employer must justify the criteria of their offer on the basis of the legal and regulatory texts authorising them to do so.

Similarly, the above-mentioned grounds of discrimination are also excluded from the interview phase.

Finally, the employer is free to circulate their offer through different sources such as the press, professional social networks or recruitment agencies.

Legal obligations before hiring an employee: finding the right candidate for the job

The employer’s legal obligations start as soon as the job offer is published.

Indeed, the job offer must comply with certain rules regarding the form of the offer, namely:

• it must be written in French (unless the post is aimed at a foreign/ English-speaking audience for example).
• it must mention a date.

With regard to the substance, the offer must respect the principles enshrined in the Labour Code and the Criminal Code, which prohibit any reference to, among other things:

• origin,
• sex,
• sexual orientation or gender identity,
• age,
• family status or pregnancy,
• genetic characteristics,
• membership or non-membership of an ethnic group/nation
• political views,
• religious beliefs,
• health condition or disability etc.

(Article L. 1132-1 of the Labour Code) and (Articles 225-1 and 225-2 of the Criminal Code).

It should be noted that certain discriminatory criteria such as age, for example, may be authorised by law when justified by the desire to protect the health of young workers. In this case, the employer must justify the criteria of their offer on the basis of the legal and regulatory texts authorising them to do so.

Similarly, the above-mentioned grounds of discrimination are also excluded from the interview phase.

Finally, the employer is free to circulate their offer through different sources such as the press, professional social networks or recruitment agencies.

The employer’s obligations regarding risk in the company

• Drawing up the single risk assessment document (DUER)

The employer is required to draw up a single risk assessment document (DUER) which must be made available to employees.

This document consists of the employer updating the results of the assessment of risks to the health and safety of workers observed in the company in a single document. It lists all hazards to the safety and health of employees and analyses the risks in each work unit.

It should be updated at least every year.

• Mandatory displays

The employer has an obligation to inform employees at their place of work. Indeed, it must display various information concerning, among other things, gender equality, the prohibition of discrimination, or the internal rules.

The mandatory information displayed in the company includes:

• address, name and telephone number of the territorially competent labour inspector
• address and telephone number of the occupational physician and emergency services
• The applicable collective agreement
• The internal regulations, if any
• collective working hours and daily rest periods
• a ban on smoking on company premises
• how to access the single risk assessment document
• a list of the names of the members of the employee representative committee, indicating their usual place of work
• contact details for the anti-discrimination hotline
• text of Articles L. 3221-1 to L.3221-7, R.3221-1 and R.3221-2 of the Labour Code relating to equal pay for men and women
• text of Articles 225-1 to 225-4 of the Criminal Code relating to prohibited discrimination
• text of Articles 222-33 and 222-33-2 of the Criminal Code relating to moral harassment and sexual harassment

Does the employer have to send specific documents when the employee arrives?

The employer provides the employee with a written employment contract depending on the nature of the contract.

They shall also inform and provide the employee with documents concerning:

• the DPAE: a copy or the acknowledgement of receipt
• the collective status in force in the company: applicable collective agreement(s)
• the collective employee savings schemes in the company and gives them an employee savings booklet
• the company mutual insurance scheme, which is compulsory for all employees, and the benefits available when a provident scheme is in place in the company.
• the employee’s right to a professional interview every two years.

The Labour Code stipulates that contravening this provision is classed as a fourth class offence (Article R. 1227-2 of the Labour Code).

Reference texts:

• Article L. 1132-1 of the Labour Code
• Articles 225-1 and 225-2 of the Criminal Code
• Decree No. 2016-1908 of 27 December 2016 on the modernisation of occupational medicine
• Article R. 5221-41 of the Labour Code
• Article R. 1227-2 of the Labour Code