CLASS NOTES
Good morning IEMI!
This week we've had a very good teacher too!
A very great professor named Steve Cruze, who taught us about human resources in France: the form of how they manage them, and the laws inmerse in that context.
For summarize all this, i'll write the next for my notes:
THE TYPES OF CONTRACTS ARE:
Collective agreement.
-
CDI
open-ended contract.
o
It
can be part-time or full time (legally required. In mexico there are
-
CDD
short-term contract (a specific final day).
o
To
replace a temporary absence (maternity leave)
o
Temporary
increase in business activity
o
Seasonal
workers (shows , festivals…)
o
10%
bonus at the end of the contract.
-
Internships
WHAT BASIC ELEMENTS ARE DEFINED IN THE
CONTRACT?
In paris:
-
The
parties
-
The
place of work
-
Job
title
-
Name
(2249) and number of the collective bargaining agreement (company must furnish
a copy)
Employees (general labor, skilled
labor, executives)
-
Coefficient
(formula for given you money)
-
Remuneration
-
Start
date
-
Paid
holidays
2008
-
Depending
on the status of the employee, fixed hours may be mentioned (6 hours). The
employee can go in 8 hours. The buss can
SOME PINT ABOUT SALARY
-
Pay
slips quite dense
-
Minimum
wage reviewed annually on the 1st of July
7 euros x hora.
-
Contributions
to social security and unemployment programs are equal to about 20-25% of gross
income.
-
Income
tax not taken out. It is paid annually
(min 59).
10-11% unemployement in france.
TRIAL PERIODS (PERIODO DE PRUEBA)
-
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
o
Less
than or equal to 7 days of employment: 24 hours for employee and employer.
o
More
than 7 days and less than one month: 48 hours for employee and employer
o
More
than 1 month and less than 3 months: 2 week for employer; 48 hours for
employee.
-
No
justification legally required
-
No
trial periods for employees passing from a short-term contract to open-ended
contract.
WORKING HOURS
-
Legal
full-time hours is fixed at 35 hours per week
o
Special
conditions apply to certain categories of employees (executives, sales staff)
(excecutives, staff)
Legal maximum 35 hours per week. And in the
contract they give you a number of days per year. ( I mean, 12 one day and 4
the other day hrs)
-
Not
a legal maximum but a starting point for calculating overtime.
1936 they cellebred holydays paied
-
Overtime
benefits determined by the collective bargaining agreement.
PAID LEAVES
-
Started
with depretion
-
The
current situation:
-
Paid
at the rate of two and a half days per month (5 weeks per year)
-
Not
a legal maximum but a starting point for calculating overtire.
-
Maternity
leave- 16 weeks guaranteed/8 weeks minimum
-
Paternity
leave- 11 days + days for birth of a child
-
Sick
leave- Employee must send official doctor’s notice to employer within 48 hours.
Employee must respect restrictions. Short term sick leave:
-
11
Public holidays
o
January
1st, Easter Monday, May 8th Ascension Thursday (May),
Pentecost Monday, July 14th, August 15th, November 1st,
November 11th (arm , treaty), December 25th (Christmas).
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
á pied> temporary suspension of contract
o
Notified
by mutually signed agreement delivered in person or by registered letter.
A
letter, registred letter, signitures, recit,
o
Calls
for a meeting between the employer and employee which cannot take place the day
after the letter or after 1 month of the date of the letter.
o
The
employee has the right to be represented by someone from the company
o
After
eeting a 48 cooling off period is required.
SUSPENSION OF CONTRACT BY EMPLOYEE
-
Sick
leave
-
Right
to strike
-
Parental
leave
-
Long-term
training leave
-
Sabbatical
leave (after 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)
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)
o
The
individual can collect around 65% of his net salary for 2 years
o
In
some cases of company closures, the amount can attain 100%
RESIGNATION
-
Labor
code fixes no required advance notice. This is generally governed by the
collective bargaining agreements.
-
Recommended
to be done in writing.
-
Advanced
notices can be negotiated between employer and employee.
-
The
employee can benefit from hours to look for another job.
-
Collective
bargaining agreements generally stipulate the following advance notices:
o
1
month for general labor
o
2
months for qualified employees
o
3
months for executives.
It could be useful to check this video and discuss in class or
with the professor.
MUTUAL REDUNDANCY
The process:
-
First
meeting to discuss the agreement (20 pages)
-
Followed
by a negotiated written contract between employer and employee
-
15
day 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 soon as day 16.
REDUNDANCY FOR PERSONAL REASONS
-
Reason
must be serious and documented
o
Disciplinary
and non-disciplinary reasons
o
4
degrees of disciplinary problems:
§ Unjustified absences, refusal to
follow orders,
§ Repetition or above
§ Theft, revealing trade secrets,
violation of internal policy.
§ Damage to property, downloading
viruses, theft of intellectual property
-
Problem
must be acknowledged within 2 months in writing
-
First
meeting must take place 5 days at the earliest after reception of the letter.
Indemnities if the employer miss (checks):
-
Amount (seniority). You give of 10 years the
20% to the emplojee (layoff indemnity)
-
Monthly:
2-3 months of salary for getting job
-
Unused
vacation:
·
Unemployement
office and get unemployement for 2 years.
-
Termination
letter sent between 48 hours and 1 month
-
The
employee may appeal to the courts.
REDUNDANCY FOR ECONOMIC REASONS
-
French
Law cites 4 reasons for economic layoffs
o
Job
elimination
o
Job
transformation
o
Modification
of terms of contract refused by employee
o
Company
goes out of business or transfers jobs
-
French
Law cites 3 scenarios for economic layoffs
o
Individual
layoff
o
Group
layoffs in companies with less than 50 employees. (you need a staff
representative)
§ Company must consult the staff
representative
o
Groupp
layoffs in companies with more than 50 employees.
§ Company must consult the staff
committee
French law stipulates a specific order for
group layoffs (the order of the protected, who stays) : Single parents,
seniority, age, handicap, professional qualities.
LEGAL CONSTRAINTS TO JOB INTERVIEWS
-
What
the labor code says
o
No
person may be excluded based on ethnic origins, gender, sexual orientation,
age, marital status, family situation, physical appearance, political views,
religious, affiliation, health or handicaps, or lifestyle.
o
Questions
related to these during an interview are iplicitly illegal
o
Job
postings must not be gender specific however the code makes exceptions for
certain employment conditions (H/F always, but it has restrictions)
o
Test
results must remain confidential
o
The
candidate must be informed of the process
o
Anonymous
CV’s are obligatory for companies over 50 people. 2009.
RESULTS OF RECRUITMENT CASE STUDY WITH AN
ANONYMOUS CV
-
Less
likely to recruit candidates similar to the recruiter
-
Females
gained advantaged with male recruiters
-
Senior
gained advantaged with young recruiters
-
If
the recruiter is a man and the CV is anonymous
o
Women
have 1 chance out of 6 to have an interview
o
Man
have 1 chance out of 13 to have an interview
-
If
the recruiter is a man and the CV is nominated:
o
Women
have 1 chance out of 17 to have an interview
o
Men
have 1 chance out of 5 to have an interview
o
More
or less the same gaps when the recruiter is a woman.
RESULTS OF A CASE STUDY CONTINUED
-
Chances
of getting job with a nominative CV and the recruiter is a man
o
Women
have 1 chance out of 167
o
Men
have 1 chance out of 34
§ Chances of getting a job with an
anonymous CV and the recruiter is a man
·
Women
have 1 chance out of 17
·
Men
have 1 chance out of 59
Summary:
still difficult to generalize but recruiters are more sensitive to being more
objective in selecting CVs
HR STRUCTURES IN FRANCE
4 basic
entities:
-
Strategic
entity (HR director)
-
Organization
and Administration
-
Development
-
HR
Consulting (outsourcing)
STRATEGIC
HR
-
HR
Director: 70-150kE$ (thousand of euros per year)
o
Responsible
for global HR Strategy
-
HR
Manager: 35-60 KE$
o
Implements
HR defined strategy
HR
Administraton
-
HR
Payroll and Benefits Manager: 30-50 kE$
-
HR
Human Relations Specialist: 35-60 kE$ (employee satisfaction, to avoid legal
problemas)
-
Legal
Advisor: 25-50k E$ (they are not lawyers, they are law students and answers
basic legal questions)
-
Labor
Relations Specialist: 50-80 kE$ (every month they get together with ..they are
trained to know what to say and what not to)
-
HR
Systems Specialist: 35-60k
HR Development
Labor law dictate professional training and
evelopment must to be done. You have to spend a minimum.
-
HR
Development Manager: 50-75 kE$
-
HR
Staffing Manager: 30-60 kE$
-
HR
Career Development Manager: 30-70 kE$
-
HR
Int’l Mobility Manager: 30-60kE$
-
HR
Training Manager: (contracts, budgets, planning, invitations for training,
evaluation for the training, and so on) 35-70 KE$
-
HR
Salary and Compensation Manager: 60- 90 kE$ (determins the others salaries. The
cars, etc.)
- HR
Diversity Manager: 30-65kE$ (looks for statistics: numbers of wimen, minority, we
have to many … , how many persons female or wimen).
HR CONSULTING
-
Organizational
Consulting
o
Audits,
information systems, pay (to make it less difficult and expensive for the
company)
§ Toys “R” Us uses ADP (big human
resources consulting firm)
-
Recruitment
Consulting
o
<Head
Hunters> for top and middle management
-
Professional
Training Consulting
-
Outplacement
Consulting (hire individuals and not individuals and help to find a new job;
tutoring, help to make your cv, it puts the right words on your cv for the
search of the company that you want to get in)
-
Research
Consulting
o
Statistics
on salary, diversity, demographics, employee satisfaction.
SUCCESSION PLANS
-
Advantages
o
Keeps
company operating in case of immediate need.
o
Proactive
approach to keep employees in company.
-
Disadvantages
o
Difficult
for small companies to implement.
HIGH POTENTIAL EMPLOYEES
-
What
is the definition?
o
Capacity
to manage
o
Develops
more quickly than others
o
Potential
to become director
o
Represent
about 10% of mid-level employees.
-
Some
guidelines
o
Age
bracket 30 to 45
o
In
France, 80% of hight potential candidates are men from prestigious schools.
o
HR
is formed of high potential candidates and a list is maintained.
Talent: they are good
on their job
Potential: is a person
who could lead the company.
-
Criteria
o
Performance,
mobility, ambition, teamwork, <<company man>> (he has the company
all time in him), willing to learn, resist stress, decision-making, tests..
6 KEY STEPS TO DEVELOP HI-PO’S
-
Identify
criteria
-
Identify
eliminating factors
-
Review
the list regulary
-
Identify
required skills that are not attained
-
Develop
these skills (identify what’s missing, and train him)
-
Elaborate
the succession plan.
11 KEY QUESTIONS TO ASK
1.
What
has the person done in the last 2 or 3 years to set hiself 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 innovations has the person proposed
6.
How
does the person adapt to hostile environments?
7.
How
is the person forward-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 person made and how were they implemented?
11.
Corporative,
Social Responsibility (responsabilidad social corporative). How does the person
view the company’s CSR policy? (there’s a lot of communication)
PROFESSIONAL TRAINING IN FRANCE
-
Companies
legally required to spend money on training
-
Companies
are legally required to produce a training plan (an official document, legal
like budget or something).
-
In
some cases, companies are legally required to allow time off for employees”
profesional development.
-
Training
can be required by the company or requested by the employee.
THE TRAINING PLAN
-
Presents
the strategic objectives of training for the coming year for all programs.
-
It
must be presented to staff representatives at 2 precise dates:
o
October
1st deadline to review the plan for the past and present years and
to present a training plan proposal for the following year
o
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:
o
The
company is responsible for adapting the skills of the employee in relation to
the job.
o
In
the event of a layoff for non-disciplinary reasons, the lack of training may
incite the employee to accuse the company
o
The
company is legally obligated to present trainings in two categories: adaptation
and development.
o
All
training courses must legally must be evaluated at the end.
THE TRAINING PLAN: 2 CATEGORIES OF TRAINING
-
Category
1: adaptive training
o
Training
which prepares the worker for future jobs, promotions. Training which also
develops the knowledge of a worker.
-
Category
2: development training
o
Training
which prepares the worker for future jobs, promotions. Training which also
develops the knowledge of a worker.
*In either case, the employee is under
contractual obligation to follow these trainings as they are planned during
work hours. Otherwise, the employee is paid overtime to attend.
It is purely development, no certification.
Pic2
(all this is managed for the training funds)
THE LONG – TERM TRAINING LEAVE (employee
requesting training)
-
The
conditions
o
1
year in the company
o
Duration
of leave maximum 1 year
o
Company
has final approval
-
Some
interesting facts about employee requested training:
o
2.3
billion euros per year are allocated
o
Around
43k employees each year have the request for long-term training approved
o
57%
are successful in getting a job in their new sector.
Though i've write a lot of my notes, i think it is usefull for me to get all this in my computer because i can read it when i'd like, and when i need.
Transfer from university to another by the
academic credits.
THE PERSONAL TRAINING ACCOUNT
-
The
conditions
o
Employee
accumulates 24 hours of training per year
o
Maximum
of 150 hours can be accumulated. (and stops at the 7 years)
o
Training
hours can be allocated to different courses. And you can start accumulating
this with
o
Minimum
age of 16 years old.
In one contract the school pay for the school,
and the other the student pay for the school.
o
Training
generally followed outside of work hours.
PROFESSIONAL INTERNSHIPS
-
The
conditions
o
Maximum
of 2% of company employees can be simultaneously absent.
o
Training
is generally done during work hours
o
Employee
continues to be paid regularly
o
Employee
is paid 50% if training is done outside of work hours.
OTHER PROFESSIONAL DEVELOPMENT PROGRAMS
-
The
Comprehensive Skills Assessment
o
Must
be conducted by an outsourcing company.
o
Can
be done at the initiative of the employeer or the employee
o
Employees
with 1 year of seniority
o
Employee
can benefit from 24 hours of paid time off to accomplish this
o
The
company can also schedule this in their training plan (the employee can refuse).
OBTAINING QUALIFICATIONS THROUGH EXPERIENCE
(Validation Acquired Expierience VAE)
VAE, Islide labor relations, article, outline
for project.
-
The
employee can obtain a diploma or professional certification via their
experience
-
Minimum
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
o
Approval
of demand
o
The
candidate can receive assistance to prepare his application
o
The
candidate’s experience is fully documented
o
The
candidate appears in front of a jury to defend his application.
o
The
jury can fully approve, partially approve, or refuse the diploma.
o
Some
statistics
§ 48,700 applications in 2012
§ 28,700 received complete
certification (59%)
VAE
started in 2002.
§ Since 2002, more than 250,000 people
have received certification.
§ 1300 different qualifications are
available.
INSEE: The statistical god of france.
§ 76% of applicants are women
§ Over 30% of applications are for
high school diploma equivalence.
MY BIRTHDAY!
By the other hand, i comment you that i had my birthday this week, on July 8th. I'd like you to have a photo of this:
My friends are so cute! I love them all so happy and friendly. I send a greeting to all them and many many thanks. You are all love.
And then, my very best friends, took me to the turkish food, mmm! I love it!!! They both are very very good friends.
In this eating time, we learned to comunicate with the turkish :)
What can I say? I love Paris!! :)
Regards,
Adriana.
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