Société sans etablissement en France contract?

gazglo
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We are a small U.S. company with no presence in France trying to hire a France-based employee on fixed-term contract to replace a U.S.  employee leaving on maternity leave. We have requested and received our Siret number and have drawn up a fixed term contract. However, each time we send the contract to the potential employee, her attorney sends it back requesting other additions. The information in our possession indicates that the contract must stipulate the following:

  • Purpose of Fixed-term contract
  • Job title and description of duties
  • Date of entry into service and duration of the work contract
  • Length of Trial Period
  • Optional Contract Renewal terms
  • Location of work
  • Weekly hours and work schedule
  • Notice of Termination by Contract Employee

All of these were included in the initial draft. Now someone has advised the potential employee that the contract must also include the following:

  • Qualification du salarié (niveau, coefficient)  / classification of the employee. (level, coefficient)
  • Les coordonnées de la caisse de retraite complémentaire et de l’organisme de prévoyance/ details of the supplementary retirement and pension fund
  • A section about RTT

Questions:

  1. The position is that of a Project Manager for a translation company (collective agreement 7430Z). It is not clear where we can find the employee classification. Can you advise of the correct resource for this information? This person is not a cadre.
  2. Which supplementary retirement and pension funds are the right ones for this class of worker?
  3. The contract stipulates 39 hours of work per week. As this is in excess of the standard French workweek of 35 hours, we assumed there would be an overtime fee. We therefore do not understand the request for an article about RTT in the contract. Can you clarify?
Answered
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