Declaration prior to hiring
The employer must complete a declaration prior to hiring (DPAE), at the earliest 8 days before the first day of work of the employee and at the latest the day before. If the employee actually starts work without the declaration being made, the employer runs the risk of being prosecuted for concealed work.
The DPAE includes the mentions following:
- name of the company or surname and first name of the employer;
- APE code and company SIREN number
- employer’s address ;
- title of the health service on which the company depends;
- last name, first names, address, date and place of birth and Social Security number of the employee;
- date and time of hiring;
- nature of the contract;
- contract length ;
- duration of the trial period (for permanent contracts and fixed-term contracts of more than 6 months).
We can find a form of DPAE at the following address: http://www.urssaf.fr/images/ref_1740-DPAE_Formulaire.pdf. The employer can either make the declaration online, or send it by fax or by registered letter with acknowledgment of receipt. The recipient of the DPAE is either Urssaf, or the agricultural social mutuality fund.
A copy of the DPAE must be given to the employee, unless the employer has already given him a copy of the employment contract.
Subsequent formalities
Following the DPAE, the employer must carry out the following formalities:
- registration of the employee on the personnel register ;
- affiliation of the employee with the supplementary pension fund concerned (Arrco or Agirc);
- employee’s affiliation to the mutual health mandatory, if applicable.
The health services informed by the DPAE contact the employer in order to agree on a date for the pre-employment medical examination mandatory. The visit must in principle be carried out during the trial period.
Establishment of an employment contract
The employer is generally not required to have his employee sign an employment contract. The DPAE is enough to put it in order.
However, when the employee is recruited for a determined timethe establishment of a employment contract is mandatory. Otherwise, it will be considered as a CDI. The contract must be dated and signed by both parties, and each keeps a copy. The formality must be completed no later than 2 days after hiring of the employee.
Professionals at your service:
- accountants
- Lawyers
- Urssaf
- MSA
- Pension funds
- industrial tribunals