{{1}}
1. The single personnel register
A. The single personnel register: definition and content
Established by the law of 25 July 1985 and the decree of 13 March 1986, the single personnel register was substituted to the various records that the employer had previously had to keep: register of entries and exits of staff, register of young people under 18, register of foreign workers.
The system has been amended several times, in particular by the Act of 20 December 1993, which abolished the register of homeworkers, and the Act of 11 March 1997 on strengthening the fight against illegal work.
As soon as a company employs employees, it is in thelegal obligation to maintain a single personnel register. However, it does not apply to individuals who only employ household staff or caretakers (Court of Cassation, criminal division 29 March 1994, no. 92-86.082).
These provisions are codified in articles L. 1221-13 to L. 1221-15-1 and D. 1221-23 to D. 1221-27 of the Labor Code.
Article L. 1221-13 of the Labour Code states as follows:” A single personnel register is kept in every establishment where employees are employed. ”. With this provision, the legislator wanted companies to keep a single personnel register in each establishment and not only at the company's head office. Such a register makes it possible to List all employees and, in fact, to be transparent in terms of hiring and employment. In the event of an inspection by a labour inspector, the employer must be in a position to provide a single personnel register taking into account all employees.
The personnel register must contain mandatory information, including:
- Name;
- First names;
- Sex;
- Date of birth of the hired employee;
- The dates of entry and exit from the establishment;
- Staff entries and exits, filled as labor flows (C. trav., art. L. 1221-13).
When the company hires interns, their first and last names must be entered, in the order of arrival, in a specific part of the register.
These mentions must be registered” indelibly ”. The law of 11 March 1997 provided this clarification in order to avoid fraud that was frequently observed previously.
⇢ In order to facilitate the writing of your register, we provide you with a customizable single personnel register template to download for free here.
Article L. 1221-14 of the Labour Code also provides that it is possible to derogate from the maintenance of the single personnel register, to take into account the use of other means, in particular computer resources, under the conditions provided for in article L. 8113-6 of the said Code.
As soon as the processing of personal data is automated, the employer must, in the event of an inspection by the labor inspector, prove, by producing the receipts, that he has carried out the necessary preliminary procedures with the National Commission for Informatics and Freedoms, except in the case of exemption. In addition, the mandatory information required by article D. 1221-23 of the Labor Code must also be inserted in the single electronic personnel register (articles D. 8113-2 and D. 8113-3 of the Labor Code).
The single personnel register must be kept available the Social and Economic Committee and the officials and agents responsible for ensuring the application of the Labour Code and the Social Security Code.
Find our legal summary on the single personnel register.
B. The single personnel register: sanctions
The absence of a single personnel register, or the omission of an employee on this register Is a 4th class ticket, punished by a fine of 750 euros (article R. 1227-7 of the Labour Code).
Is thus punishable by the fine provided for contraventions 4th class the fact of disregarding the provisions of articles L. 1221-13, L. 1221-13, L. 1221-13, L. 1221-13, L. 1221-15, L. 1221-15, L. 1221-15, L. 1221-15, L. 1221-15, L. 1221-15-1, D. 1221-23 to R. 1221-26 of the Labour Code relating to the single personnel register.
The fine is applied As many times that there are persons employed under conditions liable to be penalized under these provisions.
The absence of a personnel register and/or the failure to register an employee in the register are no longer, in themselves, considered as a constituent element of the employment offence that has been hidden since the law of 11 March 1997. Nonetheless, they may be a determining factor in characterizing the intentional element of this offence. Several decisions handed down under the Act of 11 March 1997 accepted the offence of concealed employment based on an irregular pay slip and a poorly maintained personnel register.
Discover the advantages of the single digital personnel register with Axiocap.
{{2}}
2. The register of the Social and Economic Committee (CSE)
A. Operation and outlines of the CSE register
Previously, the register of staff representatives existed; now, the CSE register has been set up for companies with less than 50 employees.
Keeping such a record makes it possible to keep track of all requests written by members of the staff delegation as well as taking into account all of Responses from employers.
Therefore, all the discussions that take place during these meetings are written on paper, thus making it possible to keep records for all employees and the labour inspectorate.
THEElection of a CSE is mandatory for all companies employing, over the past year, more than 11 employees. As soon as the company has a number of more than 50 employees, the functioning and responsibilities of the CSE change.
To find out more about CSE meetings, take 5 minutes to read our article on:”CSE meetings: organization and operationT”!
The CSE register must be able to be consulted by employees within the company or establishment for a whole day every fifteen days. This consultation must be able to take place outside the working time of the said employees.
In addition, the labour inspectorate and staff representatives must be able to consult the CSE register at any time.
The content of the CSE register can be divided into three parts:
• Part 1: the presentation on employee requests before the meeting
Two days before the meeting is held, the members of the CSE must give the employer all the questions formulated by the company's employees.
• Part 2: the course of the meeting
The meeting must be held within the company. The employer must be present, if necessary, he must be represented by his representative who can be assisted by three employees.
Freedom prevails in these meetings, so members of the CSE are free to express themselves without fear of any reprisals from the employer.
The time spent at meetings represents working time, so it is not deducted from the delegation hours credit.
• Part 3: employer responses
The employer has a maximum of six working days to respond. His answer should be in writing.
Requests from members of the CSE and responses from the employer must be transcribed, either on the special register or attached to the CSE register.
Find our legal summary on the register of the social and economic committee.
B. Penalties in the event of the absence of a CSE register or a response from the employer
If the employer does not respond to the requests of the CSE, he is exposed to sanctions. This is also the case when he does not keep the CSE register. In these cases, the employer may be accused of Offence of obstructing the functioning of the CSE, and sentenced to a fine of €7,500.
Discover the dematerialized CSE register with Axiocap.
{{3}}
3. The single professional risk assessment document (DUER or DUERP)
A. Definition of DUER or DUERP
Article 6 relating to the general obligations of the employer of Framework Directive 89/391/EEC of 12 June 1989 provides that, the employer must” assess risks to the safety and health of workers ”. Following this assessment, the employer must, if necessary, implement preventive activities and working and production methods for” guarantee a better level of protection of the safety and health of workers ” and insert them” in all activities of the company and/or establishment and at all levels of management ”.
It is following the adoption of the Decree No. 2001-1016 of 5 November 2001, that the document relating to the assessment of risks to the health and safety of workers was inserted in French law and the obligations of employers. The single risk assessment document (DUER) is mandatory in all companies as soon as the first employee is hired. It should list the occupational risks incurred by workers and preventive and protective actions put in place.
The employer's responsibility is at stake in terms of the assessment of occupational risks, and more specifically its general obligation to ensure the safety and protect the health of employees.
Article L. 4121-3 paragraph 1 of the Labour Code states as follows:” the employer, taking into account the nature of the establishment's activities, assesses risks to the health and safety of workers, including in the choice of manufacturing processes, work equipment, chemical substances or preparations, in the layout or reorganization of workplaces or installations and in the definition of workplaces or installations and in the definition of workstations. This risk assessment takes into account the differentiated impact of risk exposure by gender. ”.
The second paragraph also states that” as a result of this assessment, The employer is implementing preventive actions as well as the working and production methods guaranteeing a better level of protection of the health and safety of workers. It integrates these actions and methods into all the activities of the establishment and at all levels of management ”.
In order to meet these requirements, the employer carries out an inventory of risks, per work unit of the company and establishment (article R. 4121-1 of the Labor Code). He is also required to transcribe and update the results of the assessment of risks to the health and safety of workers in the DUER. (C. trav., art. R. 4121-1, para. 1).
⇢ In order to facilitate the drafting of your unique document, we provide you with a customizable DUERP template to download for free here.
B. The DUER update
THEarticle R. 4121-2 of the Labor Code provides 3 options for the employer to update the DUER:
- ” At least every year;
- During any major adjustment decision modifying health and safety conditions or working conditions, within the meaning of Article L. 4612-8;
- When additional information relevant to the assessment of a risk in a work unit is collected. ”
In addition, the employer must specify, on a bulletin board, how workers can access the DUER (article R. 4121-4 of the Labor Code)). It must also keep this document available to the various bodies specified in the above article of the Labour Code.
C. Penalty in case of default by DUER
THEarticle R. 4741-1 of the Labor Code provides that the absence of a DUER is punishable by a 5th class fine of a maximum amount of €1,500. In case of recidivism, the penalty will then be Increased in accordance with articles 132-11 and 132-15 of the Criminal Code.
{{4}}
4. The Axiocap solution for social registers
Axiocap offers its customers the maintenance of their social registers completely dematerialized. This thus makes it possible to list theAll entries and exits of employees within their company. This register being legally mandatory, holding it in a dematerialized manner ensures a certain speed and effectiveness.
Take 5 minutes to visit our site and get to know our entire solution!
To know everything, find our legal summary on the dematerialization of legal registers.
