Roche & Cie

Focus on the employer obligations concerning the billposting

Concerning billposting, there are 3 types of obligations:

·  To make available documents for the health and safety inspector ;

·  To address the statements and principal documents to the health and safety inspection ;

·  To put some documents up in the premises of the company.

A certain number of obligations depend of the employees’ number, while others must be filled no matter the company size.

This is a summary list of the different employer obligations.

Documents to make available for the health and safety inspector

For all the companies

– Pay slips copy.

– Acknowledgment of receipt of the prior statement for the employment or a proof of this statement.

– Receipt of the statement to the “CNIL” in case of automated salary process.

– Unique document on the evaluation of the company risks. The employer has to estimate the inherent risks for the company in each work station (health and safety conditions at work).

– Documents concerning the health and safety inspections: certificates, instructions, results and reports concerning the inspections whose the employer is responsible, but also the observations and formal notices notified by the health and safety inspection. The documents have to be kept during five years.

– Register on the minor accidents at work: for the accidents which don’t cause sick leave or medical care, the employer can be authorized to replace the accident statement by an inscription in a special register.

– Documents allowing the estimation of the working time: have to be available for the health and safety inspector during one year.

– Justification of the registration in the register of companies. The registration lack can be sanctioned as an undeclared work.

– Staff register (must precise the last name and first name of all the company’s employees).

– Agreement concerning the guarantee commitment written to protect the employees rights on the time saving account.

Companies having 11 or more employees

Staff representatives register: brings together all the demands of staff representatives to the employer and the answers of the employer.

Companies having 50 or more employees

– Minutes of CHSCT meetings (health and safeties committees).

– Minutes and legal notice of the coordinating body of the CHSCT (in case of common project for several CHSCT, the employer can decide to set up a coordinating body).

– Report and annual plans of prevention (report must be presented to the CHSCT). It’s a report on the general situation of the health, security and work conditions in the company.

– Report on the economic situation of the company (company with less than 300 employees).

Companies having 300 or more employees

-Report on the evolution of the employment.

Specific activities

– Homeworking book and accountability register concerning the homeworking. An employer can make works out of the premises of the company by a homeworker. The employer has to set up a book for each work done at home. A copy must be kept during 5 years at least.

– Register on the weekly rest when the rest is not given collectively (the register has to precise the name of employees submitted to a particular rest system).

– List of construction sites and other temporary work places.

– Members list of employers group (several moral or physical persons which are submitted to the same collective bargaining agreement).

– List of the dangerous jobs for the employees with fixed-term contracts and temporary workers.

– Register on the composition of teams in case of shift work.

– General plan of coordination and particular plan of security on the construction sites or civil engineering.

Statements and principal documents to address at the inspection. The communication of documents is normally made by registered letter with acknowledgment of receipt

For all the companies

– Statement when the establishment changes of manager.

– Opening statement of a construction site or other work place providing work for at least 10 persons during more than one week.

– Information on the constitution of group of employers.

– Work schedule and modifications of the schedule: collective schedule, constraints put in place by a unilateral decision of the employer, exceptions to the legal duration, individualized schedule, exception to the quotidian rest in case of urgent work, compensatory time, part time, short time working.

Companies having 11 employees and more

– Notice of the staff representatives on the setting up of a substitution medium replacing the staff register.

– Minute of staff representatives election or non-proceedings minute.

Companies having 20 employees and more

– Company rules and regulations.

Companies having 50 employees and more

– Fire instructions.

– Agenda of the CHSCT meeting.

– Notice given by the CHSCT on the health and safety report.

Companies having 300 employees and more

– Social report: this document sums up the principal data allowing to appreciate the social situation of the company.

– Annual report on the compared situation of men and woman in the company.

– Unique report: several information and documents can be replaced by a single report.

Specific activities

– Work processes which can cause occupational disease.

– Statement in case of using for the first time of pathogenic agents.

– Prior statement and security particular plan for construction site or civil engineering.

– Statement of accident at work for a temporary employee by the user company.

– Statement of foreign companies in case of temporary secondment of employee in France.

– Suspension of weekly rest.

– Statement of accident at work of foreign employee seconded in France for the execution of a service delivery.

– Collective rest day other than the Sunday.

– Statement of home workers employment (the employer has to provide to the health and safety inspector a statement when he begins or stop to make execute the homework).

– Work schedule, hours and rest time of employees temporary seconded in France by a foreign company.

Billposting

For all the companies

– Notice on the existence of collective bargaining agreement and collective labour agreements.

– Address, name and phone number of the health and safety inspector relevant to work in the company.

– Address and phone number of the occupational doctor and the deployable emergency services.

– Notice on the modalities of access to the unique risk assessment document.

– Work and rest schedule: collective schedule, variable schedule, daily rest for the employees which don’t fall under the collective schedule, and weekly rest suspension.

– Order of the annual leaves: this document explains the ordinary period of leave and the order in which the employees go away.

– Smoking ban sign: a sign must be placed in the local company.

– Article of the Penal code forbidding all discriminations (information by any means and if not, a billposting).

– Obligation in case of harassment: you have to inform by any means the employees of the articles concerning sexual and moral harassment (if not, billposting).

-Articles concerning the equality between women and men.

Companies having 20 employees and more

– Company rules and regulations.

Companies having 50 employees and more

– Fire instructions

– List of members of CHSCT

– Information on the existence and the content of a profit-sharing agreement: information by any means (and if not, a billposting).

Specific activities

– Modalities on the execution of home works.

– Text of the prior statement in which can be subject construction sites.

What are the sanctions in case of non respect of the compulsory billposting?

The Labour code and the Penal code provide fines of 450 euros to 1500 euros in case of billposting non-compliance. However, these sentences can be more important if the unique risk assessment document is missing or is not updating.

If you don’t draw up this document or not update it at least one time in a year, you can be condemned to pay a fine of 1500 euros in case of control, and 3000 euros in case of recidivism.

The document must be made available:

·  for the health and safety inspector (if you refuse, you can have a fine of 450 euros) ;

·  for the staff representatives (if you don’t do this, you can be condemned for an offence of obstruction).

Concerning the documents for the health and safety inspector, the sanction of non respect of these obligations can lead to a fine of the third class (450 euros) or fourth class (750 euros) according to the documents.


Do not hesitate to contact us for more information on the subject.