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Procedure and formalities for hiring an employee

Verified 01 May 2022 - Legal and Administrative Information Directorate (Prime Minister)

When hiring an employee, regardless of the nature and duration of the contract, the employer must comply with various mandatory formalities, including the Pre-Employment Declaration (PSEA). Additional specific formalities are foreseen for the recruitment of certain categories of employees.

The content of a job offer must comply with certain rules. It must be in French (except for exceptions) and be dated. The ad should not include discriminatory criteria or face prosecution.

The grounds of discrimination in relation to the offer of employment also apply during interviews.

Pôle emploi offers recruitment tools:

The employer is not obliged to inform Pôle emploi of recruitment offers. It can use other sources, such as: press announcements, professional social networks, online media, recruitment offices, temporary work agencies, trade shows or forums.

When hiring an employee, the employer must declare it. This declaration is made by means of the Pre-Employment Declaration (PSEA).

The DPAE: titleContentis already integrated when the employer uses one of the following:

  • Job Title company Service (TESE)
  • Associated Job Check (CEA)
  • Title Simplified Agricultural Employment (TESA)

General scheme employee

Pre-Employment Declaration (EAPR)

What is the purpose of EPAD

The DPAE: titleContent allows the employer to make the following declarations and requests:

  • Registration of the employer in the general social security scheme at a 1re hiring
  • Registration of employee at CPAM: titleContent
  • Employer's affiliation to the unemployment insurance scheme
  • Application for occupational health service
Required Information

The EAPR must include the following:

  • Company's social name (or employer's first and last names) and address of institution
  • Code EPA: titleContent company
  • Siret number of the establishment (or the book number issued by the company formalities centre, if registration is pending)
  • Address of the establishment
  • Contact information for the occupational health service on which the employer depends
  • Name, given names, sex, date and place of birth, employee's social security number (if already registered)
  • Expected hire date and time
  • Nature, duration of contract and trial period for CDIs and DDCs over 6 months
Transmission

It shall be transmitted to theUrssaf: titleContentbefore hiring and no earlier than 8 days before.

Electronic reporting is mandatory for companies who have sent more than 50 employment returns in the previous calendar year.

Online Pre-Hire Declaration (EPAD)

For other companies, the online declaration is preferable, but employers can complete a paper declaration. It is sent by fax or mail RAR: titleContent.

It shall be transmitted to theUrssaf: titleContent on which the establishment where the employee works depends before hiring and no earlier than 8 days before.

Urssaf no longer sends acknowledgements to employers who send their EPADs by mail or fax.

Pre-Employment Declaration (EAPR)

Please note

the employer does not have to make an EAP when signing a work placement agreement.

TESE

The TESE: titleContent is a device Urssaf: titleContent to simplify certain formalities to be carried out by the employer.

Company Service Job Title (Tese)

ECA

The ECA: titleContent is a device Urssaf: titleContent to simplify certain formalities to be carried out by the employer of the associative environment.

Associated Employment Check (CEA) - Employer Area

Agricultural workers

Pre-Employment Declaration (CAED - MSA)

What is the purpose of EPAD

The DPAE: titleContent- MSA: titleContentallows the employer to make the following declarations and requests:

  • Registration of the employee at the MSA caisse
  • Employer's affiliation to the unemployment insurance scheme
  • Application for occupational health service
  • Request information and prevention visit or application for a medical examination of suitability for recruitment
  • Declaration on the affiliation of agricultural workers to supplementary pension institutions
  • Application for Exemptions from Employer Contributions for Employment of Casual Workers
Required Information

The EAPR must include the following:

  • Company's social name (or employer's first and last names) and address of institution
  • Code EPA: titleContent company
  • Siret number of the establishment (or the book number issued by the company formalities centre, if registration is pending)
  • Address of the establishment
  • Contact information for the occupational health service on which the employer depends
  • Name, given names, sex, date and place of birth, employee's social security number (if already registered)
  • Expected hire date and time
  • Nature, duration of contract and trial period for CDIs and DDCs over 6 months
Transmission

It shall be transmitted to theUrssaf: titleContentbefore hiring and no earlier than 8 days before.

Electronic reporting is mandatory for companies who have sent more than 50 employment returns in the previous calendar year.

Pre-Employment Statement for Agricultural Employees (EAPAD-MSA)

For other companies, the online declaration is preferable, but employers can complete a paper declaration. It can be sent by fax or mail RAR: titleContent.

It must be sent to the cash register MSA: titleContent on which the establishment where the employee works depends before hiring and no earlier than 8 days before.

The MSA no longer sends acknowledgements to employers who send their EPADs by mail or fax.

Pre-Employment Declaration (EPAA) for Agricultural Employee

TESA

The TESA: titleContent is a MSA: titleContent to simplify certain formalities to be carried out by the employer.

TESA

Employers who occasionally employ one or more show intermittents report them to the one-stop casual show (GUSO)

FYI  

the employer must establish the EDP even if the employee is not yet registered. He or she must then ask the employee to apply to the CPAM: titleContent (or MSA: titleContent for an agricultural worker) from his place of residence to obtain his social security number (or NIR: titleContent).

Other

In addition to DPAE: titleContent, the employer shall make a prior declaration of the persons recruited by registered letter addressed to the labour inspectorate:

  • Upon re-hiring at an institution that has ceased to employ staff for at least 6 months
  • When reporting company change (change of operator, industry or trade, or geographic transfer)

The receipt of the registered letter must be submitted by the employer upon request of the labour inspection at 1re visit of this one.

Handout to Employee

A copy of the WFA or acknowledgement must be provided to the employee. This obligation is considered fulfilled if the employee has a written employment contract, mentioning the body to which the declaration is sent.

Penalties for non-declaration

If the employer does not perform an EDP, the employer is liable to:

  • The regularisation by the Urssaf of unpaid social security contributions due to the absence of a declaration (civil penalty)
  • A penalty of €1,158 by employee concerned (administrative penalty)
  • Criminal sanctions, since the intentional absence of EPAD constitutes a labour offence concealed by concealment of paid employment

In the event of a concealment of an employment, the employer may be sentenced by the correctional court. In this case, the cumulative penalty is:

  • €45,000 fine and 3 years imprisonment for a natural person,
  • €225,000 of fines and judicial supervision for legal person.

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

He informs the employee:

  • Collective wage saving schemes in the company and gives it a wage savings book
  • From company mutual mandatory for all employees. The employee shall be provided with a full statement of the guarantees provided when a pension plan is in place in the company.

It provides specific information on occupational risks and their prevention.

The employer who wishes hire a foreigner must, in addition to the obligations required for any job, verify that he has the right to work in France.

The newly hired employee must be registered on the single staff register.

This record shall be kept from 1to employee hired (or upon arrival of a trainee).

The employer has the obligation to affiliate its employees with the institutions of supplementary pensions of theAgirc-Arrco: titleContent.

This affiliation is effected by the unique and dematerialised transmission of registered social declaration (DSN) to all bodies that manage the social protection of employees.

The employer must organise a information and prevention visit or a medical examination of suitability for recruitment.

Penalties for absence of medical examinations

An employer who fails to meet his or her medical obligations shall:

  • a fine €1,500,
  • a 4-month prison sentence and a fine of €3,750 in case of recurrence.

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