Work contracts, types of contract, content
ce power point décrit tous les contracts existants en France, les éléments obligatoires que les entreprises doivent compléter afin de recruter des salariés ainsi que contenu des différents contrats: cdi, cdd, contrat d'apprentissage...............................................................................................................................................................
[...] The job offer can be published on internet, newspapers or various revues . If the announcement is anonymous, the exact identity and the address of the employer must be indicated to the director of publication. Publish the Job Offer < number > < number > Publication should be in French, except if the job is not located in a French territory, or if the publication medium is not edited in French, or again if applicants are not located in French territories. The job offer does not contains : Susceptible to mislead or false assertions A superior age limit, except legal peculiarities helped contracts) Discriminatory conditions (origin, nationality, sex, physical appearance, health, age, political belief ) Publish the Job Offer < number > < number > The offer has to be dated, to include the duration of the contract, the name of the company or its representatives, the position or job offered, the job description, the responsibilities, the competencies required, the wages and the location. [...]
[...] Several conditions must be met for the drafting of an employment contract. Basic conditions: - Consent: it must be free from defects (error, fraud and violence) - Capacity: must be an adult (unless parental consent for minors) - Object: the object must be lawful - Cause: the cause must be lawful and moral In an employment contract, the law requires the submission of a written document during the hiring process. It will specify the date of hire, references to the social security body, the coordinates of the firm and the workplace. [...]
[...] < number > The Contract of Associative Voluntary Service The approved person has to involve an association of French law or a state-approved foundation, approved by the State. The contract of voluntary service is concluded for a maximal duration of two years. Within the framework of its mission, the voluntary person perceives allowance for which no contribution and no social contribution is at his expense. < number > III Contents of the contracts The work contract is the connection between an employer and an employee. It is a legal element, essential in the European labor law. [...]
[...] 6325-15 du Code du travail « Est nulle, toute clause prévoyant le remboursement à l'employeur par le titulaire d'un contrat de professionnalisation des dépenses de formation en cas de rupture du contrat de travail ». Si une telle clause figure dans le contrat, elle sera nulle et de nul effet. Haut de page < number > Claw back agreement To be viable, the claw back agreement must respect the following conditions : An agreement must be signed, before the training between the employer and the employee, specifying : The training date, nature and length The real cost for the employer The amount and the terms of reimbursement by the employees. [...]
[...] It has to be written in the contract and accepted by the employee. < number > Exclusive right clause < number > Place of residence clause Validity conditions: These clauses are lawful if: they are essential for the protection of the company interest they are well proportioned regarding the position held A case law of 13th April 2005 from the Supreme Court of Appeal allowed a caretaker to have an other residence than the one offered with the job. Today we can say that this clause is not anymore applied. [...]
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