Many new features to take effect July 1, 2017 relating to payroll, employment aid, asbestos, card BTP, illegal work, or even the detachment. Here are more than a dozen changes to know in the CONSTRUCTION industry July 1, 2017.
The new rates of payment of transportation
The rate of the contribution to payment of transport changes in many provinces beginning July 1, 2017. New commons are also subject to it.
Your company is subject to the contribution payment of transportation if :
– your membership is at least 11 employees ;
– the place of work of your employees is located in the paris region, or in one of the areas of the province where the payment has been established.
A first circular URSSAF has been published at the beginning of June :
Payment of transportation July 1, 2017 (summary of changes) (pdf | 42 p. | 768 Kb)
3 new circulars have been issued on the 22 June 2017. The changes relate to a dozen unions including the Countries of Flers, the Maconnais-beaujolais wine, Porto Vecchio, Reims, Tarbes.
Complementary health : tariff conditions for the Evin law
In the context of the Evin law, former employees, beneficiaries of a collective guarantee can keep their coverage supplementary health of a fare box.
Until then, the tariffs could not be more than 50 % in the overall rates applicable to active employees.
- Paid leave : how are they acquired and when must they be taken ?
- Counting overtime in the CONSTRUCTION industry : the impact of paid leave
This rule changes for contracts entered into from 1 July 2017. From this date, it is put in place a cap on progressive rates. It is spread over 3 years :
– the 1st year following the exit of a contract of group insurance, the rates can not be higher than those applied to active employees ;
– the 2nd year, the rates may not be more than 25 % to the overall rates applicable to active employees ;
– the 3rd year, the rates may not be more than 50 % in the overall rates applicable to active employees.
No ceiling is set for the following years.
End of assistance to the hiring SMES
New hires in CDI or CDD of at least 6 months in the SMES made on or after 1st July 2017 not open more entitled to support in the recruitment process. In effect, aid to employment in SMES can only be applied for new hires made until June 30, 2017. You can, however, make the claim within 6 months of the start of the contract until December 30, 2017 maximum for a hiring to June 30, 2017.
Do you know that there are many aids to employment ? For more information on the subject, download our briefing :
The different financial aid to employment (pdf | 11 p. | 118 Kb)
New list of common ZRR
A new ranking of commons in ZRR (zone de revitalisation rurale), entered into force July 1, 2017.
Let’s remind that the companies established in the ZRR can benefit, under certain conditions, for an exemption from employers ‘ social security contributions for the recruitment of the 1st to 50th employee.
Some communes are not classified in the ZRR as of July 1, 2017, with new make their appearance. The exemption arrangements, however, continue to apply during a period of 3 years for the municipalities which are further classified in ZRR.
An interactive map of the municipalities classified in the ZRR is available on the website observatoire-des-territoires.gouv.fr.
Establishment of joint committees regional inter-branch (CPRI)
These commissions are intended to represent the employees and the employers of the OFWS belonging to branches that have not put in place commissions to the conventional equivalent.
The CPRI have the competence :
– provide employees and employers with any information or helpful advice on the legal provisions or agreements which are applicable to them ;
– provide information, discuss and make any useful opinion about the questions that are specific to businesses with fewer than 11 employees, and their employees (employment, training, GPEC, working conditions, health at work, part time work and diversity of jobs, etc) ;
– to facilitate the resolution of conflicts, individual or collective has not given rise to any challenge before a court with the agreement of the parties concerned ;
– to make proposals in the field of social and cultural activities.
Without exception, the commissions consist of 10 representatives of trade union organizations of employees, and 10 representatives from professional organizations of employers based on their audience. The distribution of seats has been published during the month of June.
Organizations had until June 19 to nominate their members to these CPRI. The composition of the CPRI will be published no later than June 30, 2017.
To allow for the restoration of your employees in the business, you need to provide, depending on the number of workers affected, either a local restore or a location dedicated to the restoration. The locations of restoration may be constructed in the premises assigned to the work, provided that the activity of these local features by the use or storage of substances or dangerous preparations.
The development of this site restoration has an administrative process simplified July 1, 2017. It is sufficient to send a declaration to the labour inspectorate (control agent) and the doctor of the work by any means giving a certain date.
Quality of the training
End of the transition period : training providers must be listed because, otherwise from 1 July 2017 their training actions will not be taken care of by the financers.
Map CONSTRUCTION : a new area as at 1 July
For employees of companies established in France, the map CONSTRUCTION is being progressively deployed by geographic area. A new area is concerned, from 1 July 2017 : zone 4 which includes the regions of Brittany, Hauts-de-France, Normandy.
Obligation to display in the large building sites of Building or Civil Engineering
The masters of work of major projects of Building or Civil Engineering (construction of more than 1000 men per day) involving posted workers have an obligation to display from 1 July 2017. Thus, the owner must show certain information relating to the labour law applicable in France.
More specifically, this poster needs to clarify the French rules applicable in respect of :
– the duration of the work ;
– the minimum wage ;
– lodging ;
– the prevention of falls from a height ;
– individual equipment-mandatory ;
– the existence of the right of withdrawal.
Information Obligation for posted workers in the CONSTRUCTION industry
Posted workers in France by a company provider of services established abroad in order to carry out works of Building or Public Works must be awarded, from 1 July 2017, an information document with their identification card professional.
This document must present, the French regulations applicable to them and be written in a language that they understand.
In practice, this document will be made available to the employer by the Union des caisses de France on its Web site. It will have to download it and then transmitting it to the employees. An order has to come in to fix the model.
Illegal employment : temporary shutdown of the activity
When the agents of control find a work situation that is illegal, the prefect of the department may order the cessation of activities of the company concerned by the infringement.
This decision is made when the proportion of the employees concerned is warranted, having regard to the repetition or seriousness of the facts observed and may not exceed a duration of 3 months.
Strengthening of the obligations relating to the declaration of detachment
From 1 July, the sub-contractor is established outside of France that posts of foreign workers on the French territory is also required to submit the copy of the declaration of secondment to the master of the work. This statement detachment is completed. The foreign company must specify :
– for the social Security of the employee on secondment, what is the State of attachment of each of the employees posted to the activity he will perform in France. If it is a country other than France, the foreign company must include the request form of detachment ;
– the tax identification number for payment of the value added tax (VAT).
It is the same when a co-contractor or sub-contractor uses a company of temporary work foreign for the secondment of foreign workers. In this situation, the declaration of posting must also include :
– the name, the social reason, the telephone details of the registered office, as well as the identity of the legal representative of the temporary employment company ;
– the first name, last name, and professional qualification of the temporary workers ;
– the name, the name and the mailing address, email and telephone contact information of the user enterprise.
From 1 July 2017, the criteria for competence of persons empowered to perform tasks of diagnosis of periodic assessment of the state of conservation of the materials and products containing asbestos, and visual examination after work in the buildings are reinforced.
A certification with a special mention is required :
– for the identification and periodic assessment of the state of conservation achieved in the high-rise buildings, in establishments receiving the public (categories 1 to 4), in buildings of work, housing more than 300 persons, or in the industrial buildings ;
– for the sightings list (C (materials and asbestos-containing products) ;
– for the visual examinations are performed at the end of the work of such removal or containment.
Source : Editions Tissot
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