SECOND CLASS WEEK

Personnel administration 

Professor: Steve Kruse 

My General Comments

Law of France fully supports the worker. The content of employment contracts is governed by the agreements. The worker to have a full time job the worker enjoys all the benefits granted by law, unions would not be really necessary, since the law fully protects the worker. The performance may increase due to security feeling of having a stable job opportunities that give performance and growth in knowledge; rest days that give the worker for special needs such as pregnancy for women is 16 weeks and the days of paternity 14 days ago to support those benefits worker morale and can do better. If you get fired you have to report one month before so you can search for a suitable job that I work. Support for 10 to 11% unemployment about 2 years. Trial periods are regulated can not be over 4 months and only once or hire or let it go.

The anonymous CV is very good point to make because it eliminates prejudices about the person, so it relies on focusing on the aptitude of the candidate, avoiding discrimination for being a woman or being older.

The different types of consulting help professional full development of individuals. The professional training and consultancy for external placement consultancies to people who are going to remove them have coaching company.

Employees asking for long-term training and may leave the company to do it by having your copyrighted work, even if they can learn a different craft to their profile.

The opportunity to obtain a degree through three years of work experience I became very interesting because you can get the title certifying examination, with the support of your preparation time to 24 hours of paid time off.

Topics covered in class

The law in France is written to keep workers working, compared with the U.S., here's all protected.

Companies measure and analyze talent and are able to identify people with high potential. All people have to be in training programs.

France is a country of unions

In 1949 a large portion of workers belonged to unions, though unions have lost power in 2013 anyway because they are protected by law.

France has a contract of employment as 20 pages where there are 700 proposed collective agreements (contract worked)

There are no laws that require a written employment contract, working code is 3000 pages.

The content of employment contracts is governed by the agreements and in France the HR department is a very technical job work

At the time that the job becomes full time and you have all the benefits

Types of contracts

•             CDI “open-ended contract

* Part time or full time

* Free medical check up

•             CDD  short-term contract

* To replace a temporary absence (Maternity leave)

* Temporary increase in business activity

* Seasonal workers (Shows, festivals…)

•             Interships

What basic elements are defined in the contract?

•             The parties

•             The place of work

•             Job Title

•             Name and number of the collective bargaining agreement (company must furnish a copy)

www.droit-de-la-formation.fr/IMG/pdf/Annexe_convetion_collective-2.pdf

•             Cofficient

•             Remuneration

•             Start date

•             Paid holydays

•             Trial Period

•             Depending on the status of the employee, fixed hours may be mentionned

Some points about salary

•             Pay slips quite dense

•             Minimum wage revewed annually on the 1st of July

•             Contributions to social security and unemployment programs are equal to about 20-25% of gross income

Photo 12

Trial Periods

•             Law passed in 2008 regulates more clearly trial periods

•             Can vary between 1 month and 4 months depending on status and collective bargaining agreement

•             Can be renewed only once

•             Termination conditions

* Less than or equal to 7 days of employment: 24 hours for employee and employer

* More than 7 days and less than one month: 48 hours for employee and employeer

* More htan 1 month and less than 3 months: 2 week for employer, 48 hours for employee

More than 3 months: 1 months for employer; 48 hours for employee

•             No justification legally required

•             No trial periods for emplyees passin from a short-term contract to open- ended contract

Working hours

•             Legal full time hours is fixed at 35 hours per week

*  Special conditions apllyto certain categories of employees (executives, sales staff)

•             Not a legal maximun but a astarting point for calculating overtime

•             Overtime benefits deterined by the collective bargainning agreement

Paid Leaves

•             Paid the rate of two and half days per month (5weeks per year)

•             Not a legal máximum but a starting point for calculating overtime

•             Overtime benefits determined by the collective bargainning agreement

•             Maternity leave – 16 weeks guarantedd/ 8 weeks mínimum

•             Paternity leave – 11 days + 3 days for the birht of a child

•             Sick leave – Employee must send oficial doctor´s notice to employer within 48 hours. Employee must respect restricitions

•             11 Public holidays

•             January 1st, Easter Monday, May 1st, May 8th,  Ascension Thursday (May), Pentecost Monday, July 14th, November 1st, November 11th, December 25th

Suspension of contract by employer

•             Extremely precarious in France for the employer to begin the termination process with a full time employee. The law is written to keep the employee in the company

•             “mise a pied – temoray suspension of contract

* Notified by mutually signed agreement delivered in person  by resiter letter

* Calls for a meeting between the employer and employee which cannot take place hte day afeter the letter or after 1 month of the date of the letter.

•             The employee has the right to be represented by some from the company

•             After meeting a 48 hours  cooling off period is requiered

Suspension of contract by employee

•             Sick leave

•             Right to strike

•             Parental leave

•             Long term training leave

•             Sabbatical leave (Afeter 3 years in a company)

•             To exercise a public, social, or military function

Terminating a contract

•             Resignation

•             Extremely precarious in France for the employer to begin the termination process with a full time employee

•             Mutual agreement : employee retains rights to unemployment benefits

•             Being laid off

•             Unemployement benefits ( URSAAF, Pole-emploi)

* The individual can collect around 65% of his net salary for 2 years

* In some cases of company closures, the amount can attain 100%

Resignation

•             Labor code fixes no required advance notice. This generally governed by the collective bargaining agreements

•             Recommended to be done in witting

•             Advanced notices can be negotiated between employer and employee

•             The employee can benefit from hours to loo for another job

•             Collective bargaining agreements generally stipulate the following advance notices:

* 1 month for general labor

* 2 months for qualified employees

* 3 months for esecutives

Mutual redundancy

•             Governed by a strict process only in the case of open-ended contracts (Las of 2008)

•             The employee is not obliged to accept the proporsal

•             The process:

•             First meeting to discuss the agreement

•             Followed by a negotiated written contract between employer and employee

•             15 days cooling off period

•             Contract sent to the Labor Minister for approval

•             If no response in 15 days, the agreement is considered valid

•             Employment may be terminated as soos as day 16

Enterprise size

Size		Called
0-10 Employees	< 1 millon de Euros	TPE (Micro Enterprise)
11-50 Employees	< 25 millones de Euros	PME (Small)
51-500 employees	< 100 millones de Euros	Medium
501-10,000 employees		Large
10,000 employees		Very Large

Redundancy for personal reasons

•             Reasons must be serouos and documented

-              Disciplinary and non disciplinary reason

-              4 degrees of disciplnary problems

+ Unjustified absences, refusal to follow orders

+ Repetition of above

+ Theft, revealing trade secrets, violation of internal policy

+ Damage to property, dowloading viruses, theft of intelectual property.

•             Problem must be acknolewdge within 2 months in writing

•             Fisrt meeting must take place 5 days at the earliest after reception of the letter

•             Termination letter sent between 48 hours and 1 month

•             The employee may appeal to the courts

If the employee has 10 years on the job will receive an indemnification 

And 2 to 3 months for unemployment checks 

Holiday is paid not enjoy + 2 years' salary

Redundancy for economic reasons

French Law cities 4 reasons for economic layoffs

-              Job elimination

-              Job transformation

-              Modification of terms of contract refused by employee

-              Company goes out of business or tranfers Jobs

REdundancy for economic reasons

French law cities 3 scenarios for economic layoffs

•             Individual layoff

•             Group layoffs in companies with less than 50 employees

* Company must consult the staff representative

•             Group layofss in companies with more tan 50 employees

French law stipulates a specific order for group layoffs: single parents, seniority, age, handicap, professional qualities.

Legal constraints to job interviews

•             What the labor code say

* No person may be excluded base on ehnic origns, gender, sexual orientation, age, marital status, family situation, physical apperance, political views, religious affilliation, health or hándicaps, or lifestyle.

* Questions relatod to these during an interview are implicitly ilegal

* Job postings must not be gender specific howevwe the code makes exceptions for certain employment conditions

* Test results must remain confidential

* The candidate must be informed of the process

* Anonymous CV´s are obligatory for companies over 50 people

  However it is not required to report

Results of recluitment case study with an anonymous CV

•             Less likely to reclute candidates similar to the recluiter

•             Females gained advantaged with male recluiters

•             Senios gained advantages with Young recluiters

•             If the recuiter is a man and the CV is anonymous

*Women have 1 chance out of 6 to have an interview

* Men have 1 chance out of 13 to have an interview

•             If the recluiter is a man and CV is nominated

* Women have 1 chance out of 27 to have an interview

* Men have 1 chance out of 5 to have an interview

* More or less the same gaps when the recluiter is a woman

Results of a Case study continued

•             Chances of getting job with a nominative CV and the recluiter is a man

* Women have 1 chance out of 167

* Men have 1 chance out of 34

•             Chances of getting a job with anonymous CV the recluiter is a man

* Women have chance out of 17

* Men have 1 chance out of 59

Summary: still difficult to generalize but recliuters are more sensitive to being more objective in selecting CV´s

HR Structures in France

•             Strategic

•             Organization and Administration

•             Development

•             HR consulting

Stategic HR.

•             HR Director: 70 – 150 kE

*Responsible for global HR Strategy

•             HR  Manager: 35 – 60 KE

* Implements HR defined strategy

HR Administration

•             Hr Payroll and benefits Manager: 30-50 KE

•             HR human Relations Specialist: 35-60KE

•             Legal Advisor: 25-50KE

•             Labor Relations Specialist: 50-80 KE

* Deals with unión representatives

•             HR System Specialist: 35-60KE

Hr Development

•             HR Development Manager: 50-75 KE

•             HR staffing Manager: 30-60KE

•             HR Career Development Manager : 30-70 KE

•             HR Int´l Mobility Manager: 30-60 KE

•             HR Training Manager: 35- 70 KE

•             HR Salary and Compensation Manager: 60-90 KE

•             HR Diversity Manager: 30-65 KE

HR Consulting

•             Organizational Consulting

* Audits information system pay

                * Toys “R” Us uses ADP

•             Recluitment Consulting

* “Head Hunters” for top and middle management

•             Proffesional Training Consulting

•             Outplacement Consulting

* Individual, collective placement, coaching

•             Research consulting

•             Statiscs on salary, diversity, demographics, employee satisfaction

The context in France

•             Companies over 300 employees must créate a “map” of their workforce every 3 years

* Analyze existing careers and talents

* compare with the analysisi of future needs

* Actions plan to preserve Jobs and / or Employment

•             Professional evaluations must take place every 2 years

•             Professional evaluations with “senior” employees every 5 years

HIGH POTENTIAL EMPLOYEES

•             What´s the point?

* Top ut in place a succesion plan

Succession Plan

•             Advantages

* Keeps company operations in case of immediate need

*Proactive approach to Keep employees in Company

•             Disadvantages

* Difficult for small companies to implement

* Hard to guarantee execution

High Potential Employees

•             What is the definition?

* Capacity to manage

* Develops more quickly tan others

* Potential to become director

* Represent about 10% of mid-level employees

•             Some guidelines

* Age bracket 30 to 45

* In France, 80% of high potential candidates are men from prestigious schools

*HR is informed of high potential candidates and a list is maintained

•             Criteria

* Performance, mobility, ambition, teamwork “company man, willin to learn, resist stress, decisión-making, tests….

6 Key steps tp develop hi-po´s

•             Identify criteria

•             Identify eliminating factors

•             Review the list regulary

•             Identify requiered skills are not attained

•             Develop these skills

•             Elaborate the succession plan

11 Key question to ask

1.            What has the person done in the last 2 or 3 years to set himself apart?

2.            What decisions has the person taken? What value did these decisions have?

3.            What difficulties has the person faced and what strategies were used to overcome them?

4.            How can we say that the person is a natural leader?

5.            What suggestions or innovarions has the person proporsed

6.            How does the person adapt to hostile enviroments?

7.            How is the person foward-looking?

8.            What are the person´s three most important qualities?

9.            How does the person defend or represent the image of the company

10.          What changes has the preson made and how were they implemented?

11.          How does the person view the company´s CSR policy

Professional Training in France

•             Companies legally required to spend meney on trianing

•             Companies are legally requiered to produce a training plan

•             In some cases, companies are legally required to allow time off for employees´professional development

•             Training can be requiered by the company or requested by the employee

The training plan

•             Present the strategy objectives of training for the coming year for all programs

•             It must be presented to staff representatives at 2 precise dates:

* October 1st deadline to review the plan for the past and present years and to present a training plan proposal fotr the following year

* December 31st deadline to present the definitive plan for the following year

The training Plan: Advantages and Precautions

•             Advantages: helps to maintain the employability of the staff

•             Precautions

* The company is responsable for adpating the skills of the employee in relation oto the job

* In the  event of a layoff for non-disciplinary reasons the lack of training may incite the employee to accuse the company

•             The company is legally obligated to present trainings in two categories: adaptation and development

•             All training courses must legally must be evaluated at the end.

The training Plan: 2 Categories of training

•             Category 1: adaptive training

* Training which allow the worker to keep his job

•             Category 2: development training

* Training which prepares the worker for the future Jobs, promotions, Training which also develops the knowlegde of a worker

In either case, the employee is under contractual obligation to follow theses trainings as they are planned during work hours. Otherwise, the employee is paid overtime to attend

TRAINING PLAN MODEL

Priority	Adaptive Training		Development Training
	Training 1	Training 2	Training 1	Training 2
Theme Jobs concerned Duration Training Company Place Participants On the job? Cost Fees Tota Budgets Financing

FINANCIAL CONTRIBUTIONS TO TRAINING FUNDS

Financial contribution (% of total wages) All contributions by all companies are put in the same bucket	Size of company (number of employees)
	Less tan 10	Between 10 and 49	Between 50 and 299	Over 300
Company training Plan	0.40%	0.20%	0.10%
Professional Interships	0.15%	0.30%	0.30%	0.40%
Long term Training Leave		0.15%	0.20%	0.20%
Overflow training fund		0.15%	0.20%	0.20%
Personal training account		0.20%	0.20%	0.20%
TOTAL	0.55%	1.00%	1.00%	1.00%

The long Term Training Leave

•             The Conditions

* 1 year in the company

* Duration of leave maximun 1 year

* Company has final approval

•             Some interesting facts about employee requested training

•             2.3 billion euros per year are allocated

•             Around 43—k employees each year have the request for long term training approved

•             57% are successful in getting a job in their new sector

The personal Training Account

•             The condition

*Employee accumulates 24

* hours of training per year

* Maximum of 150 hours can be accumulated

* Training hours can be allocated to different courses

* Minimun age of 16 to start account

* Traininf generally followed outsede of work hours

* Maximun of 2% of company employees can be simultaneously absent

* Training is generally done during work hours

* Employee continues to be paid regurlarle

* Employee is paid 50% if training is done outside of Works hours.

Other Proffesional Development Programs

•             The comprehensive Skills Assessment

* Must be conducted by an outsourcing company

* Can be done at the initiative of the employer or the employee

* Employees with 1 year of seniority

* Employee can benefit from 24 hours of paid time off to accomplish this

* The company can also Schedule this in their training plan ( The employee can refuse)

Obtaining Qualifications through Experience

•             The employee can obtain a diploma or profesional certification via their experience

•             Minimun of 3 years experience related to the diploma or certification sought

•             24 hours of paid time off can be given to prepare

•             This can also be part of the company training plan

•             The procedure

* Approval of demand

* The candidate can receive assitance to preapre his application

* The candidate´s experience is fully documented

*The candidate appears in front of a jury to defend his aplication

* The jury can fully approve, partially aprove, or refuse the diploma

•             Some statistics

*48,700 applications in 2012

*28,700 received complete certification (59%)

* Since 2002, more tan 250,00 people have received certification

* 1300 different qualifications are available

* 76% of applicants are women

* Over 30% of applications are for highschool diploma equivalence

Reversed firing-Sofitel

•             She was a unión representative

•             Poor relations with managment

•             Filed a complaint for moral harassment

•             She was the fired following complaints about service from customers that said she as not nice

•             The work inspector must approve the firing of a unión rep reversed the decisión

•             Sofitel appealed to the Department of Labor and won (Present client emails)

•             She appealed to the high court which reserved the decisión arguing that it was hernormal behavior

•             She was awarded 115000 euros