Oyster policy is denoted in purple.
Statutory
The French Labor Code distinguishes between executive and non-executive employees.
The Labor Code includes the criteria used to distinguish executive employees from their non-executive counterparts. Executives have:
- the responsibility and organizational independence to run the company;
- the autonomy to make important decisions; and
- the highest levels of remuneration in the company.
The CBA applicable to Oyster establishes requirements relating to job categories and levels (as do most CBAs in France) based on criteria such as levels of autonomy, experience, responsibility and skills.
According to these CBA requirements, team members are either:
- Non-executive employees which are split between two subcategories:
- employees (“employés” - levels 1 to 3 of the CBA) or
- technicians & supervisors (“techniciens & agents de maîtrise” - levels 4 to 6 of the CBA);
- Executive employees (“cadres” – levels 7 and above of the CBA).
What category an employee belongs to will have an impact including on compensation, probation, termination, working hours & overtime as well as pension contributions. Please refer to each section for more information.
Although it’s not expressly mentioned in the Labor Code, professional levels may be mentioned in an employment contract. Mentioning professional levels in employment contracts is a requirement per Oyster’s CBA.
Seniority
Seniority is also an important factor in employment and labor law in France. For instance, employees with more seniority have the right to a longer notice period after dismissal. Collective bargaining agreements (CBA), individual employment contracts, or custom may also provide for a more favorable notice period based on seniority.
The administration of President Emmanuel Macron enacted labor reforms in 2017. One of the reforms included changing the time an employee needs to work for an employer to be eligible for severance. Previously, an employee needed to work for an employer for one year to receive severance at the end of an employment contract. Now, employees only need to work for eight months to receive severance.
Additionally, the amount of severance is determined based on how long an employee works for an employer. See Severance for more information.
Customary
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Best in Class
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