“We are here to support employers by popularizing the law. We provide a personalized response based on the legal status of the company.”

Mylène BARNABÉ, an officer in the Labor Law Intelligence Service of the DDETS of Gironde.

When can a head of company turn to labor intelligence?

A head of company can turn to us when he is about to make a decision and needs to know the labor law applicable to his company. We inform him of the applicable legislative, regulatory or even conventional rules, and then we decipher with him the consequences of his decision in the situation he encounters. Our objective is making the law accessible and practical for the leader.

3 cases come to us:

• The New Heads of company who have just started: we guide these entrepreneurs in their first steps to get off to a good start. For example, when recruiting an apprentice, do not forget the setting up of the mutual company association, the medical examination, the mandatory displays, the personnel register...
• Heads of company with one to 10 employees, who have experience but are overworked by their activity: we try to save them time by making their decisions more secure, especially in the event of disciplinary action. We do not pass judgment, we simply explain the procedure to be followed, for example for a warning.
• Micro-entrepreneurs (individual companies) who often believe they are employees when in reality they are in a commercial service relationship. We remind them that they are their own “boss.” They must therefore keep the legal framework in mind:
  
  • inability to claim a breach of contract, statutory severance pay and any other protection available to the employee or to the unemployed;
  • Avoid relying on a single client, at the risk of financial distress if relationships deteriorate.
  • consider a different status over time if they wish to change and recruit.

We listen to the needs of heads of company through Company-Advisers.Service-Public.fr, or directly by mail, by telephone to 0 806 000 126 from Monday to Friday. Appointments can be scheduled in DDETS.

What are your main accompaniments?

We often accompany the head of company confronted with a sick or injured employee.

Regarding cases of illness, we help the head of company to distinguish 2 cases:

• non-occupational disease which could lead to dismissal for non-professional competence with a standard severance payment;
• occupational disease with a special redundancy allowance (double the statutory allowance) and payment of the notice period.

We also draw his attention to subtleties, such as the case of the accident en route, or the evolution of texts. Thus, since April 2024, an employee who has stopped working now acquires paid leave.

We also accompany the head of company who wants to separate from an employee with whom relations are not good, although he has nothing to criticize him about his work. In this situation, an “amicable divorce” is possible through the conventional break. The procedure involves one or more preparatory interviews with the employee, each of which may be assisted by a colleague, for example. On the Digital Labor Code, the employer may make a simulation of severance pay, find the schedule of the procedure and the Cerfa form to be signed at the end of the interviews.

Finally, hesitation is frequent between CDI and CDD. If the CDD cannot in principle meet a permanent need in the company, we remind the Head of company that he cannot break the contract even if the employee does not meet these expectations until the end of the contract. The significantly longer CDI trial period can, however, be interrupted at any time.

Do you have an example of a accompanied company?

Yes, I was called by a physiotherapist from the Gironde. The housekeeper with whom she had worked for more than 15 years suffered from carpal tunnel syndrome, a common disease in this profession.

Company She was determined not to make a mistake in this situation after so many years of service. We have it guided through the different steps :

• verify with the Primary Health Insurance Fund that the disease has been recognized as an occupational disease;
• obtain the declaration of unfitness by the occupational doctor;
• simulate the severance pay for occupational disease on the Digital Labor Code ;
• pay the notice of dismissal properly;
• hand over termination documents, including the certificate of employment and the balance of all accounts;
• generate the attestation France Travail on his employer account France Travail so that his former employee can register with France Travail.

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