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62313466613034383733636662656634 | article375542 | 0 | Les délégués syndicaux | Travail-Emploi | travail-emploi | Chaque syndicat représentatif dans une entreprise ou un établissement d' au moins 50 salariés peut désigner un délégué syndical (DS) . Le délégué syndical exerce un rôle de représentation du syndicat auquel il appartient et de négociateur de conventions ou d'accords collectifs d'entreprise ou d'établissement . Il bénéficie d'une protection particulière en matière de licenciement . | 19/02/2025 | https://travail-emploi.gouv.fr/les-delegues-syndicaux | [
"Les délégués syndicaux"
] | À savoir ! Le mandat de délégué syndical peut être cumulé avec celui de membre de la délégation du personnel au CSE ou de représentant syndical à ce comité. | Les délégués syndicaux
Chaque syndicat représentatif dans une entreprise ou un établissement d' au moins 50 salariés peut désigner un délégué syndical (DS) . Le délégué syndical exerce un rôle de représentation du syndicat auquel il appartient et de négociateur de conventions ou d'accords collectifs d'entreprise ou d'établissement . Il bénéficie d'une protection particulière en matière de licenciement .
À savoir ! Le mandat de délégué syndical peut être cumulé avec celui de membre de la délégation du personnel au CSE ou de représentant syndical à ce comité. | 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66653537333361646463356437333365 | article375542 | 1 | Les délégués syndicaux | Travail-Emploi | travail-emploi | Chaque syndicat représentatif dans une entreprise ou un établissement d' au moins 50 salariés peut désigner un délégué syndical (DS) . Le délégué syndical exerce un rôle de représentation du syndicat auquel il appartient et de négociateur de conventions ou d'accords collectifs d'entreprise ou d'établissement . Il bénéficie d'une protection particulière en matière de licenciement . | 19/02/2025 | https://travail-emploi.gouv.fr/les-delegues-syndicaux | [
"L'action des syndicats en vidéo (Web série droit du travail)"
] | Lire la retranscription textuelle La conflictualité en entreprise est un thème porteur médiatiquement et donne une représentation unilatérale de l'action des organisations syndicalesEn effet, alors qu'il est de sens commun de considérer qu'il y a toujours des grèves en cours en France, seul 1,6% des entreprises de plus de dix salariés ont connu une journée de grève au moins en 2021, selon la DARES. Quels sont donc les moyens d'action des syndicats en dehors de la grève ? C'est ce que nous allons voir. Bonjour, c'est Honorine et aujourd'hui je vais vous présenter les moyens d'action des syndicats, un épisode d'une série consacrée au droit du travail. Selon une étude de l'Institut syndical européen, la France n'est pas le pays connaissant le plus de jours de grève par année en Europe. C'est l'Espagne qui occupe la première place de ce classement. Les services statistiques du ministère du Travail pointent même une relative constance du nombre moyen de jours perdus pour faits de grève pour 1 000 salariés sur les quinze dernières années, à l'exception toutefois de grèves d'opposition politique d'ampleur nationale comme celles contre la réforme des retraites en 2010. La médiatisation qui accompagne les grèves des éboueurs, mouvements de débrayage des raffineries et autres blocages de sites, est importante et laisse considérer que la grève est le seul moyen d'action utilisé par les organisations syndicales. Pourtant, les organisations syndicales mettent régulièrement en œuvre des | Les délégués syndicaux
Chaque syndicat représentatif dans une entreprise ou un établissement d' au moins 50 salariés peut désigner un délégué syndical (DS) . Le délégué syndical exerce un rôle de représentation du syndicat auquel il appartient et de négociateur de conventions ou d'accords collectifs d'entreprise ou d'établissement . Il bénéficie d'une protection particulière en matière de licenciement .
Lire la retranscription textuelle La conflictualité en entreprise est un thème porteur médiatiquement et donne une représentation unilatérale de l'action des organisations syndicalesEn effet, alors qu'il est de sens commun de considérer qu'il y a toujours des grèves en cours en France, seul 1,6% des entreprises de plus de dix salariés ont connu une journée de grève au moins en 2021, selon la DARES. Quels sont donc les moyens d'action des syndicats en dehors de la grève ? C'est ce que nous allons voir. Bonjour, c'est Honorine et aujourd'hui je vais vous présenter les moyens d'action des syndicats, un épisode d'une série consacrée au droit du travail. Selon une étude de l'Institut syndical européen, la France n'est pas le pays connaissant le plus de jours de grève par année en Europe. C'est l'Espagne qui occupe la première place de ce classement. Les services statistiques du ministère du Travail pointent même une relative constance du nombre moyen de jours perdus pour faits de grève pour 1 000 salariés sur les quinze dernières années, à l'exception toutefois de grèves d'opposition politique d'ampleur nationale comme celles contre la réforme des retraites en 2010. La médiatisation qui accompagne les grèves des éboueurs, mouvements de débrayage des raffineries et autres blocages de sites, est importante et laisse considérer que la grève est le seul moyen d'action utilisé par les organisations syndicales. Pourtant, les organisations syndicales mettent régulièrement en œuvre des | 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32656637303438346337333464306431 | article375542 | 2 | Les délégués syndicaux | Travail-Emploi | travail-emploi | Chaque syndicat représentatif dans une entreprise ou un établissement d' au moins 50 salariés peut désigner un délégué syndical (DS) . Le délégué syndical exerce un rôle de représentation du syndicat auquel il appartient et de négociateur de conventions ou d'accords collectifs d'entreprise ou d'établissement . Il bénéficie d'une protection particulière en matière de licenciement . | 19/02/2025 | https://travail-emploi.gouv.fr/les-delegues-syndicaux | [
"L'action des syndicats en vidéo (Web série droit du travail)"
] | en œuvre des prérogatives qui leur ont été ouvertes par le législateur. Elles œuvrent tout d'abord pour la défense des intérêts matériels et moraux de leur profession, comme le prévoient expressément les dispositions de l’article L2131-1 du Code du travail. Elles agissent ensuite en substitution des salariés sur un certain nombre de thématiques ou enfin pour faire respecter les dispositions d'ordre collectif. Le texte même de l'article L2131-1 du Code du travail confie de manière expresse et quasi exclusive cette mission de défense des intérêts matériels et moraux individuels aux organisations syndicales. S'agissant tout d'abord des intérêts individuels, les organisations syndicales peuvent organiser l'assistance et la représentation des salariés pour ce qui concerne le contentieux de la Sécurité sociale ou devant le conseil de prud'hommes. Spécifiquement pour ces contentieux, il s'agit de permettre aux salariés de se faire assister ou représenter par un représentant d'une organisation syndicale dûment mandaté en lieu et place d'un avocat. Les organisations syndicales mettent donc à disposition des salariés des personnes qui peuvent les représenter en justice pour ces contentieux. Les organisations syndicales peuvent également, aux termes des dispositions de l'article R2422-1 du Code du travail et sur mandat exprès du salarié concerné, porter recours devant le ministre du Travail des décisions rendues en matière de licenciement des salariés protégés par les inspectrices et | Les délégués syndicaux
Chaque syndicat représentatif dans une entreprise ou un établissement d' au moins 50 salariés peut désigner un délégué syndical (DS) . Le délégué syndical exerce un rôle de représentation du syndicat auquel il appartient et de négociateur de conventions ou d'accords collectifs d'entreprise ou d'établissement . Il bénéficie d'une protection particulière en matière de licenciement .
en œuvre des prérogatives qui leur ont été ouvertes par le législateur. Elles œuvrent tout d'abord pour la défense des intérêts matériels et moraux de leur profession, comme le prévoient expressément les dispositions de l’article L2131-1 du Code du travail. Elles agissent ensuite en substitution des salariés sur un certain nombre de thématiques ou enfin pour faire respecter les dispositions d'ordre collectif. Le texte même de l'article L2131-1 du Code du travail confie de manière expresse et quasi exclusive cette mission de défense des intérêts matériels et moraux individuels aux organisations syndicales. S'agissant tout d'abord des intérêts individuels, les organisations syndicales peuvent organiser l'assistance et la représentation des salariés pour ce qui concerne le contentieux de la Sécurité sociale ou devant le conseil de prud'hommes. Spécifiquement pour ces contentieux, il s'agit de permettre aux salariés de se faire assister ou représenter par un représentant d'une organisation syndicale dûment mandaté en lieu et place d'un avocat. Les organisations syndicales mettent donc à disposition des salariés des personnes qui peuvent les représenter en justice pour ces contentieux. Les organisations syndicales peuvent également, aux termes des dispositions de l'article R2422-1 du Code du travail et sur mandat exprès du salarié concerné, porter recours devant le ministre du Travail des décisions rendues en matière de licenciement des salariés protégés par les inspectrices et | 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32326332646333633436363263633630 | article375542 | 3 | Les délégués syndicaux | Travail-Emploi | travail-emploi | Chaque syndicat représentatif dans une entreprise ou un établissement d' au moins 50 salariés peut désigner un délégué syndical (DS) . Le délégué syndical exerce un rôle de représentation du syndicat auquel il appartient et de négociateur de conventions ou d'accords collectifs d'entreprise ou d'établissement . Il bénéficie d'une protection particulière en matière de licenciement . | 19/02/2025 | https://travail-emploi.gouv.fr/les-delegues-syndicaux | [
"L'action des syndicats en vidéo (Web série droit du travail)"
] | les inspectrices et inspecteurs du travailMais le législateur a également introduit toute une série de dispositions permettant aux organisations syndicales d'agir à la place des salariés. Il convient que les salariés concernés soient informés de l'intention du syndicat et ne s'y opposent pas. Il n'est pas nécessaire que le salarié donne un mandat exprès au syndicat pour agir. Sa non-opposition suffit. Sous cette réserve, le syndicat peut alors agir en substitution des salariés sur un certain nombre de thématiques. Je vous propose donc un zoom sur les matières dans lesquelles l'action en substitution des salariés par une organisation syndicale est possible. Les syndicats peuvent parfois agir en justice à la place des salariés. Pour cela, il faut que le salarié concerné ait été averti par le syndicat par lettre recommandée avec accusé de réception de son intention d'engager une action. Le salarié dispose alors d'un délai de quinze jours pour faire connaître son opposition à cette action. Lorsque le salarié ne répond pas dans les quinze jours, son consentement est présumé. Le salarié conserve à tout moment le droit d'intervenir personnellement à l'instance pour y faire valoir ses droits. Il peut également mettre fin à l'instance engagée à tout moment. Ces actions ne peuvent être engagées que dans certaines matières. Il s'agit tout d'abord de s'assurer du respect des principes fondamentaux du droit du travail, tels que l'égalité professionnelle entre les femmes et les hommes, | Les délégués syndicaux
Chaque syndicat représentatif dans une entreprise ou un établissement d' au moins 50 salariés peut désigner un délégué syndical (DS) . Le délégué syndical exerce un rôle de représentation du syndicat auquel il appartient et de négociateur de conventions ou d'accords collectifs d'entreprise ou d'établissement . Il bénéficie d'une protection particulière en matière de licenciement .
les inspectrices et inspecteurs du travailMais le législateur a également introduit toute une série de dispositions permettant aux organisations syndicales d'agir à la place des salariés. Il convient que les salariés concernés soient informés de l'intention du syndicat et ne s'y opposent pas. Il n'est pas nécessaire que le salarié donne un mandat exprès au syndicat pour agir. Sa non-opposition suffit. Sous cette réserve, le syndicat peut alors agir en substitution des salariés sur un certain nombre de thématiques. Je vous propose donc un zoom sur les matières dans lesquelles l'action en substitution des salariés par une organisation syndicale est possible. Les syndicats peuvent parfois agir en justice à la place des salariés. Pour cela, il faut que le salarié concerné ait été averti par le syndicat par lettre recommandée avec accusé de réception de son intention d'engager une action. Le salarié dispose alors d'un délai de quinze jours pour faire connaître son opposition à cette action. Lorsque le salarié ne répond pas dans les quinze jours, son consentement est présumé. Le salarié conserve à tout moment le droit d'intervenir personnellement à l'instance pour y faire valoir ses droits. Il peut également mettre fin à l'instance engagée à tout moment. Ces actions ne peuvent être engagées que dans certaines matières. Il s'agit tout d'abord de s'assurer du respect des principes fondamentaux du droit du travail, tels que l'égalité professionnelle entre les femmes et les hommes, | 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37626430316435356437613330383162 | article100977 | 4 | La période d'essai | Travail-Emploi | travail-emploi | La période d'essai permet à l'employeur d'évaluer les compétences du salarié dans son travail, notamment au regard de son expérience, et au salarié d'apprécier si les fonctions occupées lui conviennent. La période d’essai constitue ainsi une première phase du contrat de travail qui : n’est pas obligatoire ; doit, pour exister, être prévue dans le contrat de travail ou la lettre d’engagement ; a une durée maximale fixée par le Code du travail, les conventions collectives ou le contrat de travail, avec, dans certains cas (CDD, VRP...), application de règles particulières ; peut, sauf abus, être rompue librement sous réserve du respect d’un délai de prévenance. Au terme de la période d’essai, le salarié est définitivement embauché. | 19/05/2025 | https://travail-emploi.gouv.fr/la-periode-dessai | [
"Quelle est la durée de la période d’essai ?"
] | un contrat à durée indéterminée à la suite d'un ou de plusieurs contrats de travail à durée déterminée, la durée du ou de ces contrats est déduite de la période d'essai éventuellement prévue dans le contrat de travail à durée indéterminée ».Dans cette affaire, la Cour de cassation a estimé qu’il ne convenait pas d’imputer sur la période d’essai prévue dans le CDI la seule durée du dernier CDD accompli par la salariée concernée (cette salariée exerçait des fonctions d’infirmière) dès lors qu’il était constaté qu’elle avait été également engagée par deux autres CDD antérieurs, séparés chacun par une courte période d’interruption, et qu'elle avait exercé à cette occasion en qualité d'infirmière dans différents services de soins sans aucune discontinuité fonctionnelle. Comme le souligne l’Avocat général dans son avis c’est donc « la globalité de la relation de travail, indépendamment des courtes périodes d’interruption [...], qu’il convient de retenir pour la détermination de la durée totale des activités de la salariée en CDD venant en déduction de la période d’essai instaurée dans le nouveau contrat ».De même, lorsque l'entreprise utilisatrice embauche, après une mission, un salarié mis à sa disposition par une entreprise de travail temporaire ou par un entrepreneur de travail à temps partagé, la durée des missions accomplies au sein de cette entreprise au cours des trois mois précédant le recrutement est déduite de la période d'essai éventuellement prévue dans le nouveau | La période d'essai
La période d'essai permet à l'employeur d'évaluer les compétences du salarié dans son travail, notamment au regard de son expérience, et au salarié d'apprécier si les fonctions occupées lui conviennent. La période d’essai constitue ainsi une première phase du contrat de travail qui : n’est pas obligatoire ; doit, pour exister, être prévue dans le contrat de travail ou la lettre d’engagement ; a une durée maximale fixée par le Code du travail, les conventions collectives ou le contrat de travail, avec, dans certains cas (CDD, VRP...), application de règles particulières ; peut, sauf abus, être rompue librement sous réserve du respect d’un délai de prévenance. Au terme de la période d’essai, le salarié est définitivement embauché.
un contrat à durée indéterminée à la suite d'un ou de plusieurs contrats de travail à durée déterminée, la durée du ou de ces contrats est déduite de la période d'essai éventuellement prévue dans le contrat de travail à durée indéterminée ».Dans cette affaire, la Cour de cassation a estimé qu’il ne convenait pas d’imputer sur la période d’essai prévue dans le CDI la seule durée du dernier CDD accompli par la salariée concernée (cette salariée exerçait des fonctions d’infirmière) dès lors qu’il était constaté qu’elle avait été également engagée par deux autres CDD antérieurs, séparés chacun par une courte période d’interruption, et qu'elle avait exercé à cette occasion en qualité d'infirmière dans différents services de soins sans aucune discontinuité fonctionnelle. Comme le souligne l’Avocat général dans son avis c’est donc « la globalité de la relation de travail, indépendamment des courtes périodes d’interruption [...], qu’il convient de retenir pour la détermination de la durée totale des activités de la salariée en CDD venant en déduction de la période d’essai instaurée dans le nouveau contrat ».De même, lorsque l'entreprise utilisatrice embauche, après une mission, un salarié mis à sa disposition par une entreprise de travail temporaire ou par un entrepreneur de travail à temps partagé, la durée des missions accomplies au sein de cette entreprise au cours des trois mois précédant le recrutement est déduite de la période d'essai éventuellement prévue dans le nouveau | 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37633032366435333664303135373633 | article375542 | 4 | Les délégués syndicaux | Travail-Emploi | travail-emploi | Chaque syndicat représentatif dans une entreprise ou un établissement d' au moins 50 salariés peut désigner un délégué syndical (DS) . Le délégué syndical exerce un rôle de représentation du syndicat auquel il appartient et de négociateur de conventions ou d'accords collectifs d'entreprise ou d'établissement . Il bénéficie d'une protection particulière en matière de licenciement . | 19/02/2025 | https://travail-emploi.gouv.fr/les-delegues-syndicaux | [
"L'action des syndicats en vidéo (Web série droit du travail)"
] | et les hommes, les principes de non-discrimination et la législation sur le harcèlement moral et le harcèlement sexuel. Il s'agit aussi de faire respecter les règles régissant les contrats de travail. Il en est ainsi des droits des travailleurs temporaires, des travailleurs en CDD, des salariés des groupements d'employeurs, de ceux licenciés pour motif économique. Il en est de même pour les salariés qui, par la nature de leur activité, ne sont pas toujours présents en entreprise, comme les travailleurs à domicile. Par ailleurs, le fait de ne pas séjourner en France peut à l'évidence être un frein à l'action en justice. C'est pour cette raison que l'action en substitution est ouverte pour les travailleurs étrangers et les travailleurs détachés. Un autre épisode est d'ailleurs consacré à ces derniers. L'action des syndicats à la place des salariés est enfin possible s'agissant d'infractions particulièrement graves relevant de la huitième partie du Code du travail, comme le respect des droits des victimes de travail dissimulé, des victimes de marchandage ou de prêt de main d'œuvre illicite. On le voit, de nombreuses possibilités sont ouvertes aux organisations syndicales pour agir en substitution des salariés. Je vous propose maintenant de faire un point sur la seule action de groupe ouverte par le Code du travail. Elle concerne les discriminationsLes dispositions de l'article L1134-7 du Code du travail ouvrent aux organisations syndicales représentatives l'accès à la procédure | Les délégués syndicaux
Chaque syndicat représentatif dans une entreprise ou un établissement d' au moins 50 salariés peut désigner un délégué syndical (DS) . Le délégué syndical exerce un rôle de représentation du syndicat auquel il appartient et de négociateur de conventions ou d'accords collectifs d'entreprise ou d'établissement . Il bénéficie d'une protection particulière en matière de licenciement .
et les hommes, les principes de non-discrimination et la législation sur le harcèlement moral et le harcèlement sexuel. Il s'agit aussi de faire respecter les règles régissant les contrats de travail. Il en est ainsi des droits des travailleurs temporaires, des travailleurs en CDD, des salariés des groupements d'employeurs, de ceux licenciés pour motif économique. Il en est de même pour les salariés qui, par la nature de leur activité, ne sont pas toujours présents en entreprise, comme les travailleurs à domicile. Par ailleurs, le fait de ne pas séjourner en France peut à l'évidence être un frein à l'action en justice. C'est pour cette raison que l'action en substitution est ouverte pour les travailleurs étrangers et les travailleurs détachés. Un autre épisode est d'ailleurs consacré à ces derniers. L'action des syndicats à la place des salariés est enfin possible s'agissant d'infractions particulièrement graves relevant de la huitième partie du Code du travail, comme le respect des droits des victimes de travail dissimulé, des victimes de marchandage ou de prêt de main d'œuvre illicite. On le voit, de nombreuses possibilités sont ouvertes aux organisations syndicales pour agir en substitution des salariés. Je vous propose maintenant de faire un point sur la seule action de groupe ouverte par le Code du travail. Elle concerne les discriminationsLes dispositions de l'article L1134-7 du Code du travail ouvrent aux organisations syndicales représentatives l'accès à la procédure | 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61376663626664323035373033383032 | article375542 | 5 | Les délégués syndicaux | Travail-Emploi | travail-emploi | Chaque syndicat représentatif dans une entreprise ou un établissement d' au moins 50 salariés peut désigner un délégué syndical (DS) . Le délégué syndical exerce un rôle de représentation du syndicat auquel il appartient et de négociateur de conventions ou d'accords collectifs d'entreprise ou d'établissement . Il bénéficie d'une protection particulière en matière de licenciement . | 19/02/2025 | https://travail-emploi.gouv.fr/les-delegues-syndicaux | [
"L'action des syndicats en vidéo (Web série droit du travail)"
] | à la procédure des actions de groupe qui a été introduite dans le droit positif français par la loi du 18 novembre 2016. Aux termes de ces dispositions, le syndicat peut agir devant une juridiction civile afin d'établir que plusieurs candidats à un emploi, à un stage ou une période de formation en entreprise, ou plusieurs salariés font l'objet d'une discrimination de la part du même employeur. Il convient donc, pour que cette action soit recevable, que soient réunies deux conditions : un même employeur, auteur de la discrimination et un même motif de discrimination, l'action de groupe intentée au nom d'une pluralité de victimes va tout d'abord viser à faire cesser la violation du principe de non-discrimination, mais elle peut également tendre à obtenir une réparation des préjudices subis par les victimes. Elle est subordonnée à une procédure préalable des auteurs de l'action, qui consiste à demander à l'employeur défaillant de mettre fin à la situation de discrimination dénoncée. L'employeur ainsi saisi va en informer les instances représentatives du personnel existant dans son entreprise ainsi que les organisations syndicales représentatives, puis inscrire la question à l'ordre du jour d'un échange. Si la situation délictuelle n'a pas cessé dans les six mois de cette demande ou si l'employeur rejette expressément l'existence même de cette discrimination alléguée, le syndicat peut engager la procédure judiciaire de groupe. La défense des intérêts collectifs de la profession | Les délégués syndicaux
Chaque syndicat représentatif dans une entreprise ou un établissement d' au moins 50 salariés peut désigner un délégué syndical (DS) . Le délégué syndical exerce un rôle de représentation du syndicat auquel il appartient et de négociateur de conventions ou d'accords collectifs d'entreprise ou d'établissement . Il bénéficie d'une protection particulière en matière de licenciement .
à la procédure des actions de groupe qui a été introduite dans le droit positif français par la loi du 18 novembre 2016. Aux termes de ces dispositions, le syndicat peut agir devant une juridiction civile afin d'établir que plusieurs candidats à un emploi, à un stage ou une période de formation en entreprise, ou plusieurs salariés font l'objet d'une discrimination de la part du même employeur. Il convient donc, pour que cette action soit recevable, que soient réunies deux conditions : un même employeur, auteur de la discrimination et un même motif de discrimination, l'action de groupe intentée au nom d'une pluralité de victimes va tout d'abord viser à faire cesser la violation du principe de non-discrimination, mais elle peut également tendre à obtenir une réparation des préjudices subis par les victimes. Elle est subordonnée à une procédure préalable des auteurs de l'action, qui consiste à demander à l'employeur défaillant de mettre fin à la situation de discrimination dénoncée. L'employeur ainsi saisi va en informer les instances représentatives du personnel existant dans son entreprise ainsi que les organisations syndicales représentatives, puis inscrire la question à l'ordre du jour d'un échange. Si la situation délictuelle n'a pas cessé dans les six mois de cette demande ou si l'employeur rejette expressément l'existence même de cette discrimination alléguée, le syndicat peut engager la procédure judiciaire de groupe. La défense des intérêts collectifs de la profession | 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33386435383265363061343330633030 | article375542 | 6 | Les délégués syndicaux | Travail-Emploi | travail-emploi | Chaque syndicat représentatif dans une entreprise ou un établissement d' au moins 50 salariés peut désigner un délégué syndical (DS) . Le délégué syndical exerce un rôle de représentation du syndicat auquel il appartient et de négociateur de conventions ou d'accords collectifs d'entreprise ou d'établissement . Il bénéficie d'une protection particulière en matière de licenciement . | 19/02/2025 | https://travail-emploi.gouv.fr/les-delegues-syndicaux | [
"L'action des syndicats en vidéo (Web série droit du travail)"
] | de la profession représentée par une organisation syndicale, passe tout d'abord par une possibilité de défense de l'accord collectif de plus haut niveau concernant cette profession : la convention collective. Ainsi, ce sont quatre possibilités d'action qui sont ouvertes aux syndicats pour demander l'application et défendre les conventions collectives. Aux termes des dispositions de l'article L2262-9 du Code du travail, le syndicat peut tout d'abord agir en substitution d'un salarié pour obtenir le paiement des sommes qui lui sont dues en vertu d'une disposition particulière de la convention collective qui lui est applicableEnsuite, aux termes des dispositions de l'article L2262-10 du même code, le syndicat concerné par l'application d'une convention collective peut intervenir à une action déjà engagée par un salarié pour le respect des dispositions d'une convention collective, dès lors que l'issue du litige peut présenter un intérêt pour ses membresEn outre, le syndicat, en son nom propre, peut engager une action contre les autres organisations syndicales, patronales ou toute autre personne qui lui est liée par une convention collective, pour obtenir l'exécution des dispositions de la convention collective ou des dommages et intérêts compensant une inexécution aux termes des dispositions de l'article L. 2262-11 du Code du travail. Enfin, le syndicat peut agir en nullité de la convention collective qui le concerne si et seulement si il a participé à la négociation de cette | Les délégués syndicaux
Chaque syndicat représentatif dans une entreprise ou un établissement d' au moins 50 salariés peut désigner un délégué syndical (DS) . Le délégué syndical exerce un rôle de représentation du syndicat auquel il appartient et de négociateur de conventions ou d'accords collectifs d'entreprise ou d'établissement . Il bénéficie d'une protection particulière en matière de licenciement .
de la profession représentée par une organisation syndicale, passe tout d'abord par une possibilité de défense de l'accord collectif de plus haut niveau concernant cette profession : la convention collective. Ainsi, ce sont quatre possibilités d'action qui sont ouvertes aux syndicats pour demander l'application et défendre les conventions collectives. Aux termes des dispositions de l'article L2262-9 du Code du travail, le syndicat peut tout d'abord agir en substitution d'un salarié pour obtenir le paiement des sommes qui lui sont dues en vertu d'une disposition particulière de la convention collective qui lui est applicableEnsuite, aux termes des dispositions de l'article L2262-10 du même code, le syndicat concerné par l'application d'une convention collective peut intervenir à une action déjà engagée par un salarié pour le respect des dispositions d'une convention collective, dès lors que l'issue du litige peut présenter un intérêt pour ses membresEn outre, le syndicat, en son nom propre, peut engager une action contre les autres organisations syndicales, patronales ou toute autre personne qui lui est liée par une convention collective, pour obtenir l'exécution des dispositions de la convention collective ou des dommages et intérêts compensant une inexécution aux termes des dispositions de l'article L. 2262-11 du Code du travail. Enfin, le syndicat peut agir en nullité de la convention collective qui le concerne si et seulement si il a participé à la négociation de cette | 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|
37653635316533306538363161313364 | article375542 | 7 | Les délégués syndicaux | Travail-Emploi | travail-emploi | Chaque syndicat représentatif dans une entreprise ou un établissement d' au moins 50 salariés peut désigner un délégué syndical (DS) . Le délégué syndical exerce un rôle de représentation du syndicat auquel il appartient et de négociateur de conventions ou d'accords collectifs d'entreprise ou d'établissement . Il bénéficie d'une protection particulière en matière de licenciement . | 19/02/2025 | https://travail-emploi.gouv.fr/les-delegues-syndicaux | [
"L'action des syndicats en vidéo (Web série droit du travail)"
] | de cette convention ou encore en nullité de l'arrêté d'extension de ladite convention collective. Suivant les dispositions de l'article L2132-3 du Code du travail, les syndicats peuvent, devant toutes les juridictions, exercer tous les droits réservés à la partie civile concernant les faits portant un préjudice direct ou indirect à l'intérêt collectif de la profession qu'ils représententIl s'agit donc ici que l'intérêt lésé soit collectif, mais aussi qu'il crée un préjudice direct ou indirect à la profession représentée par le syndicat. S'agissant tout d'abord de la notion d'intérêt collectif lésé, celle-ci n'est pas limitativement définie par les dispositions du Code du travail. La jurisprudence considère donc que cette notion recouvre nécessairement les situations de non-respect des conventions collectives applicables, mais aussi les situations liées au fonctionnement des institutions représentatives du personnel. S'agissant tout d'abord des situations de mise en place des instances, la jurisprudence reconnaît l'intérêt à agir des organisations syndicales dès lors qu'elles ont vocation à participer au processus électoral. Je vous renvoie donc à ma vidéo concernant le comité social et économique et les élections pour un rappel sur les organisations syndicales concernées. S'agissant spécifiquement des situations concernant les consultations des instances représentatives du personnel, la jurisprudence considère que l'action des organisations syndicales ne leur permet pas de | Les délégués syndicaux
Chaque syndicat représentatif dans une entreprise ou un établissement d' au moins 50 salariés peut désigner un délégué syndical (DS) . Le délégué syndical exerce un rôle de représentation du syndicat auquel il appartient et de négociateur de conventions ou d'accords collectifs d'entreprise ou d'établissement . Il bénéficie d'une protection particulière en matière de licenciement .
de cette convention ou encore en nullité de l'arrêté d'extension de ladite convention collective. Suivant les dispositions de l'article L2132-3 du Code du travail, les syndicats peuvent, devant toutes les juridictions, exercer tous les droits réservés à la partie civile concernant les faits portant un préjudice direct ou indirect à l'intérêt collectif de la profession qu'ils représententIl s'agit donc ici que l'intérêt lésé soit collectif, mais aussi qu'il crée un préjudice direct ou indirect à la profession représentée par le syndicat. S'agissant tout d'abord de la notion d'intérêt collectif lésé, celle-ci n'est pas limitativement définie par les dispositions du Code du travail. La jurisprudence considère donc que cette notion recouvre nécessairement les situations de non-respect des conventions collectives applicables, mais aussi les situations liées au fonctionnement des institutions représentatives du personnel. S'agissant tout d'abord des situations de mise en place des instances, la jurisprudence reconnaît l'intérêt à agir des organisations syndicales dès lors qu'elles ont vocation à participer au processus électoral. Je vous renvoie donc à ma vidéo concernant le comité social et économique et les élections pour un rappel sur les organisations syndicales concernées. S'agissant spécifiquement des situations concernant les consultations des instances représentatives du personnel, la jurisprudence considère que l'action des organisations syndicales ne leur permet pas de | 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33336631623635306334346539376562 | article100977 | 5 | La période d'essai | Travail-Emploi | travail-emploi | La période d'essai permet à l'employeur d'évaluer les compétences du salarié dans son travail, notamment au regard de son expérience, et au salarié d'apprécier si les fonctions occupées lui conviennent. La période d’essai constitue ainsi une première phase du contrat de travail qui : n’est pas obligatoire ; doit, pour exister, être prévue dans le contrat de travail ou la lettre d’engagement ; a une durée maximale fixée par le Code du travail, les conventions collectives ou le contrat de travail, avec, dans certains cas (CDD, VRP...), application de règles particulières ; peut, sauf abus, être rompue librement sous réserve du respect d’un délai de prévenance. Au terme de la période d’essai, le salarié est définitivement embauché. | 19/05/2025 | https://travail-emploi.gouv.fr/la-periode-dessai | [
"Quelle est la durée de la période d’essai ?"
] | dans le nouveau contrat de travail.Embauche après un contrat de travailleur indépendantLorsqu’une société embauche un salarié avec lequel elle a d’ores et déjà eu l’occasion de collaborer lors d’une relation de travail – quelle qu’en soit la forme et notamment au titre d’une intervention en qualité d’auto-entrepreneur –, il convient de se demander si elle a eu l’opportunité d’apprécier les aptitudes professionnelles du salarié lors de cette précédente relation de travail. Si tel est bien le cas, et dans la mesure où la période d’essai doit permettre à l'employeur d'évaluer les compétences du salarié dans son travail, la stipulation d’une telle période d’essai dans le contrat de travail n’est pas fondée. C’est ce qu’a estimé la Cour de cassation dans une affaire où la salariée, contestant son licenciement et sollicitant la nullité de la stipulation de sa période d’essai dans son contrat de travail, affirmait avoir collaboré en tant qu’auto-entrepreneure aux mêmes fonctions que celles pour lesquelles elle avait ensuite été embauchée par contrat de travail. (Cass Soc, 20 avril 2025, n° 23-22. 289).Une durée réglementée pour certains salariésLa durée de la période d’essai est, pour certaines professions, réglementée par des dispositions particulières : VRP, assistant(e)s maternel(le). Des règles particulières s’appliquent également aux titulaires de certains contrats : CDD, intérim, contrat d’apprentissage... | La période d'essai
La période d'essai permet à l'employeur d'évaluer les compétences du salarié dans son travail, notamment au regard de son expérience, et au salarié d'apprécier si les fonctions occupées lui conviennent. La période d’essai constitue ainsi une première phase du contrat de travail qui : n’est pas obligatoire ; doit, pour exister, être prévue dans le contrat de travail ou la lettre d’engagement ; a une durée maximale fixée par le Code du travail, les conventions collectives ou le contrat de travail, avec, dans certains cas (CDD, VRP...), application de règles particulières ; peut, sauf abus, être rompue librement sous réserve du respect d’un délai de prévenance. Au terme de la période d’essai, le salarié est définitivement embauché.
dans le nouveau contrat de travail.Embauche après un contrat de travailleur indépendantLorsqu’une société embauche un salarié avec lequel elle a d’ores et déjà eu l’occasion de collaborer lors d’une relation de travail – quelle qu’en soit la forme et notamment au titre d’une intervention en qualité d’auto-entrepreneur –, il convient de se demander si elle a eu l’opportunité d’apprécier les aptitudes professionnelles du salarié lors de cette précédente relation de travail. Si tel est bien le cas, et dans la mesure où la période d’essai doit permettre à l'employeur d'évaluer les compétences du salarié dans son travail, la stipulation d’une telle période d’essai dans le contrat de travail n’est pas fondée. C’est ce qu’a estimé la Cour de cassation dans une affaire où la salariée, contestant son licenciement et sollicitant la nullité de la stipulation de sa période d’essai dans son contrat de travail, affirmait avoir collaboré en tant qu’auto-entrepreneure aux mêmes fonctions que celles pour lesquelles elle avait ensuite été embauchée par contrat de travail. (Cass Soc, 20 avril 2025, n° 23-22. 289).Une durée réglementée pour certains salariésLa durée de la période d’essai est, pour certaines professions, réglementée par des dispositions particulières : VRP, assistant(e)s maternel(le). Des règles particulières s’appliquent également aux titulaires de certains contrats : CDD, intérim, contrat d’apprentissage... | 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39386230666261616662356261613066 | article375542 | 8 | Les délégués syndicaux | Travail-Emploi | travail-emploi | Chaque syndicat représentatif dans une entreprise ou un établissement d' au moins 50 salariés peut désigner un délégué syndical (DS) . Le délégué syndical exerce un rôle de représentation du syndicat auquel il appartient et de négociateur de conventions ou d'accords collectifs d'entreprise ou d'établissement . Il bénéficie d'une protection particulière en matière de licenciement . | 19/02/2025 | https://travail-emploi.gouv.fr/les-delegues-syndicaux | [
"L'action des syndicats en vidéo (Web série droit du travail)"
] | leur permet pas de tirer argument d'un défaut de consultation que les instances représentatives du personnel n'invoque pas. Elles ne peuvent donc qu'agir en intervention d’un défaut de consultation allégué par l'instance elle-même et non agir seul ou en substitution de l'instance. Pour finir, intéressons-nous au préjudice qui doit être causé à la profession pour que l'action du syndicat soit possible. Aux termes de la jurisprudence constante de la Cour de cassation depuis un arrêt fondateur de 1963 de la chambre criminelle, l'intérêt de la profession mis en cause ne nécessite pas que toute la profession subisse un préjudice direct du fait de l'infraction poursuivie. Il suffit simplement que l'ensemble de la profession subisse au moins un préjudice indirect en raison de cette infraction. On le voit, cette jurisprudence manifeste donc une conception non restrictive de la notion de préjudice à la profession. Nous arrivons au terme de cette vidéo et il y a donc trois points à retenir. Tout d'abord, les organisations syndicales disposent de plusieurs possibilités d'action en substitution des salariés s'agissant de défendre des intérêts individuels. Ensuite, spécifiquement et uniquement en matière de discrimination concernant plusieurs candidats à un emploi, à un stage ou à une période de formation en entreprise ou plusieurs salariés dénonçant une même discrimination, une action de groupe est ouverte aux syndicats. Enfin les syndicats disposant de quatre possibilités d'action pour | Les délégués syndicaux
Chaque syndicat représentatif dans une entreprise ou un établissement d' au moins 50 salariés peut désigner un délégué syndical (DS) . Le délégué syndical exerce un rôle de représentation du syndicat auquel il appartient et de négociateur de conventions ou d'accords collectifs d'entreprise ou d'établissement . Il bénéficie d'une protection particulière en matière de licenciement .
leur permet pas de tirer argument d'un défaut de consultation que les instances représentatives du personnel n'invoque pas. Elles ne peuvent donc qu'agir en intervention d’un défaut de consultation allégué par l'instance elle-même et non agir seul ou en substitution de l'instance. Pour finir, intéressons-nous au préjudice qui doit être causé à la profession pour que l'action du syndicat soit possible. Aux termes de la jurisprudence constante de la Cour de cassation depuis un arrêt fondateur de 1963 de la chambre criminelle, l'intérêt de la profession mis en cause ne nécessite pas que toute la profession subisse un préjudice direct du fait de l'infraction poursuivie. Il suffit simplement que l'ensemble de la profession subisse au moins un préjudice indirect en raison de cette infraction. On le voit, cette jurisprudence manifeste donc une conception non restrictive de la notion de préjudice à la profession. Nous arrivons au terme de cette vidéo et il y a donc trois points à retenir. Tout d'abord, les organisations syndicales disposent de plusieurs possibilités d'action en substitution des salariés s'agissant de défendre des intérêts individuels. Ensuite, spécifiquement et uniquement en matière de discrimination concernant plusieurs candidats à un emploi, à un stage ou à une période de formation en entreprise ou plusieurs salariés dénonçant une même discrimination, une action de groupe est ouverte aux syndicats. Enfin les syndicats disposant de quatre possibilités d'action pour | 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30663937303835316537366238366663 | article375542 | 9 | Les délégués syndicaux | Travail-Emploi | travail-emploi | Chaque syndicat représentatif dans une entreprise ou un établissement d' au moins 50 salariés peut désigner un délégué syndical (DS) . Le délégué syndical exerce un rôle de représentation du syndicat auquel il appartient et de négociateur de conventions ou d'accords collectifs d'entreprise ou d'établissement . Il bénéficie d'une protection particulière en matière de licenciement . | 19/02/2025 | https://travail-emploi.gouv.fr/les-delegues-syndicaux | [
"L'action des syndicats en vidéo (Web série droit du travail)"
] | d'action pour agir en défense de la convention collective dont dépendent les salariés qu’ils représentent. Ils peuvent aussi agir pour demander son annulation. Vous avez apprécié ce contenu ? Et la pratique du droit du travail vous intéresse ? Découvrez le métier d'inspecteur du travail, un métier de terrain qui vous permettra de mettre en pratique vos connaissances sur l'ensemble du champ couvert par le Code du travail et bien plus encore. À très bientôt pour un nouvel épisode consacré au droit du travail.Quelles sont les conditions de désignation des délégués syndicaux ? Chaque organisation syndicale représentative dans l'entreprise ou l'établissement d'au moins 50 salariés, qui constitue une section syndicale peut, lorsque les conditions précisées ci-dessus sont réunies, désigner un ou plusieurs délégués syndicaux pour la représenter auprès de l'employeur. L'existence de la section syndicale doit être établie au moment de la désignation des délégués syndicaux; il n'est pas exigé qu'elle soit préalable. Conditions d'âge et d'ancienneté du salarié désignéLe salarié désigné délégué syndical (DS) doit être âgé de 18 ans révolus, travailler dans l'entreprise depuis un an au moins (délai réduit à quatre mois en cas de création d'entreprise ou d'ouverture d'établissement) et n'avoir fait l'objet d'aucune interdiction, déchéance ou incapacité relative à ses droits civiques. Des dispositions conventionnelles peuvent prévoir des conditions d'âge ou d'ancienneté plus favorables. | Les délégués syndicaux
Chaque syndicat représentatif dans une entreprise ou un établissement d' au moins 50 salariés peut désigner un délégué syndical (DS) . Le délégué syndical exerce un rôle de représentation du syndicat auquel il appartient et de négociateur de conventions ou d'accords collectifs d'entreprise ou d'établissement . Il bénéficie d'une protection particulière en matière de licenciement .
d'action pour agir en défense de la convention collective dont dépendent les salariés qu’ils représentent. Ils peuvent aussi agir pour demander son annulation. Vous avez apprécié ce contenu ? Et la pratique du droit du travail vous intéresse ? Découvrez le métier d'inspecteur du travail, un métier de terrain qui vous permettra de mettre en pratique vos connaissances sur l'ensemble du champ couvert par le Code du travail et bien plus encore. À très bientôt pour un nouvel épisode consacré au droit du travail.Quelles sont les conditions de désignation des délégués syndicaux ? Chaque organisation syndicale représentative dans l'entreprise ou l'établissement d'au moins 50 salariés, qui constitue une section syndicale peut, lorsque les conditions précisées ci-dessus sont réunies, désigner un ou plusieurs délégués syndicaux pour la représenter auprès de l'employeur. L'existence de la section syndicale doit être établie au moment de la désignation des délégués syndicaux; il n'est pas exigé qu'elle soit préalable. Conditions d'âge et d'ancienneté du salarié désignéLe salarié désigné délégué syndical (DS) doit être âgé de 18 ans révolus, travailler dans l'entreprise depuis un an au moins (délai réduit à quatre mois en cas de création d'entreprise ou d'ouverture d'établissement) et n'avoir fait l'objet d'aucune interdiction, déchéance ou incapacité relative à ses droits civiques. Des dispositions conventionnelles peuvent prévoir des conditions d'âge ou d'ancienneté plus favorables. | 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36346361613934656235333362376661 | article375542 | 10 | Les délégués syndicaux | Travail-Emploi | travail-emploi | Chaque syndicat représentatif dans une entreprise ou un établissement d' au moins 50 salariés peut désigner un délégué syndical (DS) . Le délégué syndical exerce un rôle de représentation du syndicat auquel il appartient et de négociateur de conventions ou d'accords collectifs d'entreprise ou d'établissement . Il bénéficie d'une protection particulière en matière de licenciement . | 19/02/2025 | https://travail-emploi.gouv.fr/les-delegues-syndicaux | [
"L'action des syndicats en vidéo (Web série droit du travail)"
] | plus favorables. Dans les entreprises de travail temporaire, la condition d'ancienneté pour être désigné délégué syndical est fixée à 6 mois pour les salariés temporaires. Elle est appréciée en totalisant les périodes pendant lesquelles ces salariés ont été liés à ces entreprises par des contrats de mission au cours des 18 mois précédant la désignation du délégué syndical. Ce délai est réduit à 6 mois en cas de création d'entreprise ou d'ouverture d'établissement. Choix du salarié désignéL'organisation syndicale représentative dans l'entreprise ou l'établissement désigne le délégué syndical (ou les délégués syndicaux) parmi les candidats aux élections professionnelles qui ont recueilli à titre personnel et dans leur collège au moins 10 % des suffrages exprimés au premier tour des dernières élections au comité social et économique, quel que soit le nombre de votants (art. L. 2143-3, al. 1 du Code du travail). Si aucun des candidats présentés par l'organisation syndicale aux élections professionnelles ne remplit les conditions mentionnées ci-dessus ou s'il ne reste, dans l'entreprise ou l'établissement, plus aucun candidat aux élections professionnelles qui remplit ces conditions, ou si l'ensemble des élus qui remplissent les conditions mentionnées ci-dessus renoncent par écrit à leur droit d'être désigné délégué syndical, l'organisation syndicale représentative peut utiliser une des solutions alternatives prévues par l'alinéa 2 de l'article L. 2143-3 précité et désigner | Les délégués syndicaux
Chaque syndicat représentatif dans une entreprise ou un établissement d' au moins 50 salariés peut désigner un délégué syndical (DS) . Le délégué syndical exerce un rôle de représentation du syndicat auquel il appartient et de négociateur de conventions ou d'accords collectifs d'entreprise ou d'établissement . Il bénéficie d'une protection particulière en matière de licenciement .
plus favorables. Dans les entreprises de travail temporaire, la condition d'ancienneté pour être désigné délégué syndical est fixée à 6 mois pour les salariés temporaires. Elle est appréciée en totalisant les périodes pendant lesquelles ces salariés ont été liés à ces entreprises par des contrats de mission au cours des 18 mois précédant la désignation du délégué syndical. Ce délai est réduit à 6 mois en cas de création d'entreprise ou d'ouverture d'établissement. Choix du salarié désignéL'organisation syndicale représentative dans l'entreprise ou l'établissement désigne le délégué syndical (ou les délégués syndicaux) parmi les candidats aux élections professionnelles qui ont recueilli à titre personnel et dans leur collège au moins 10 % des suffrages exprimés au premier tour des dernières élections au comité social et économique, quel que soit le nombre de votants (art. L. 2143-3, al. 1 du Code du travail). Si aucun des candidats présentés par l'organisation syndicale aux élections professionnelles ne remplit les conditions mentionnées ci-dessus ou s'il ne reste, dans l'entreprise ou l'établissement, plus aucun candidat aux élections professionnelles qui remplit ces conditions, ou si l'ensemble des élus qui remplissent les conditions mentionnées ci-dessus renoncent par écrit à leur droit d'être désigné délégué syndical, l'organisation syndicale représentative peut utiliser une des solutions alternatives prévues par l'alinéa 2 de l'article L. 2143-3 précité et désigner | 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66393863616535323032343361313161 | article375542 | 11 | Les délégués syndicaux | Travail-Emploi | travail-emploi | Chaque syndicat représentatif dans une entreprise ou un établissement d' au moins 50 salariés peut désigner un délégué syndical (DS) . Le délégué syndical exerce un rôle de représentation du syndicat auquel il appartient et de négociateur de conventions ou d'accords collectifs d'entreprise ou d'établissement . Il bénéficie d'une protection particulière en matière de licenciement . | 19/02/2025 | https://travail-emploi.gouv.fr/les-delegues-syndicaux | [
"L'action des syndicats en vidéo (Web série droit du travail)"
] | précité et désigner ainsi un délégué syndical :Parmi les autres candidats ;Ou, à défaut, parmi ses adhérents au sein de l'entreprise ou de l'établissement ou parmi ses anciens élus ayant atteint la limite trois mandats successifs au comité social et économique (CSE ; limite fixée au deuxième alinéa de l'article L. 2314-33 du Code du travail). Appelée à se prononcer sur les conditions de désignation d'un délégué syndical, telles qu'elles résultent de l'article L. 2143-3 précité, la Cour de cassation a apporté les précisions suivantes (arrêt du 8 juillet 2020) : D'une part, s'il n'est pas exclu qu'un syndicat puisse désigner un salarié candidat sur la liste d'un autre syndicat, qui a obtenu au moins 10 % des voix et qui l'accepte librement, l'article L. 2143-3 n'exige pas de l'organisation syndicale qu'elle propose, préalablement à la désignation d'un délégué syndical en application de l'alinéa 2 de cet article, à l'ensemble des candidats ayant obtenu au moins 10 %, toutes listes syndicales confondues, d'être désigné délégué syndical. En d'autres termes, un syndicat, s'il n'a plus, sur sa liste, de candidats ayant obtenu au moins 10 % des suffrages, n'a pas l'obligation de proposer aux candidats des autres listes ayant obtenu ce score d'être désignés délégué syndical pour le représenter avant, le cas échéant, de faire usage d'une des solutions alternatives qui s'offrent à lui (par exemple, désigner un de ses adhérents) ;D'autre part, toujours en vertu du même article du Code | Les délégués syndicaux
Chaque syndicat représentatif dans une entreprise ou un établissement d' au moins 50 salariés peut désigner un délégué syndical (DS) . Le délégué syndical exerce un rôle de représentation du syndicat auquel il appartient et de négociateur de conventions ou d'accords collectifs d'entreprise ou d'établissement . Il bénéficie d'une protection particulière en matière de licenciement .
précité et désigner ainsi un délégué syndical :Parmi les autres candidats ;Ou, à défaut, parmi ses adhérents au sein de l'entreprise ou de l'établissement ou parmi ses anciens élus ayant atteint la limite trois mandats successifs au comité social et économique (CSE ; limite fixée au deuxième alinéa de l'article L. 2314-33 du Code du travail). Appelée à se prononcer sur les conditions de désignation d'un délégué syndical, telles qu'elles résultent de l'article L. 2143-3 précité, la Cour de cassation a apporté les précisions suivantes (arrêt du 8 juillet 2020) : D'une part, s'il n'est pas exclu qu'un syndicat puisse désigner un salarié candidat sur la liste d'un autre syndicat, qui a obtenu au moins 10 % des voix et qui l'accepte librement, l'article L. 2143-3 n'exige pas de l'organisation syndicale qu'elle propose, préalablement à la désignation d'un délégué syndical en application de l'alinéa 2 de cet article, à l'ensemble des candidats ayant obtenu au moins 10 %, toutes listes syndicales confondues, d'être désigné délégué syndical. En d'autres termes, un syndicat, s'il n'a plus, sur sa liste, de candidats ayant obtenu au moins 10 % des suffrages, n'a pas l'obligation de proposer aux candidats des autres listes ayant obtenu ce score d'être désignés délégué syndical pour le représenter avant, le cas échéant, de faire usage d'une des solutions alternatives qui s'offrent à lui (par exemple, désigner un de ses adhérents) ;D'autre part, toujours en vertu du même article du Code | 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35386539366165343633363362663364 | article101008 | 15 | Les négociations obligatoires dans l'entreprise : thème, périodicité et déroulement | Travail-Emploi | travail-emploi | Dans les entreprises où sont constituées une ou plusieurs sections syndicales d'organisations représentatives, et dans lesquelles a été désigné au moins un délégué syndical , l'employeur doit prendre l’initiative d’engager, périodiquement, des négociations portant sur certains thèmes dont, notamment, les rémunérations et l' égalité professionnelle entre les femmes et les hommes . À défaut d'une initiative de l'employeur , la négociation s’engage obligatoirement à la demande d'une organisation syndicale représentative . | 06/12/2024 | https://travail-emploi.gouv.fr/les-negociations-obligatoires-dans-lentreprise-theme-periodicite-et-deroulement | [
"Les négociations obligatoires dans l'entreprise : thème, périodicité et déroulement"
] | élus titulaires, au terme des dispositions de l'article L. 2232-23 du Code du travail. L'ensemble du champ de la négociation collective est ouvert à ces entreprises. Nous arrivons au terme de cette vidéo et il y a donc trois points à retenir. Premièrement, en matière de négociation, la primauté est donnée aux délégués syndicaux, sauf hypothèse de conseil d'entreprise. Ensuite, selon l'effectif de l'entreprise, l'employeur peut négocier avec des élus mandatés ou non, des salariés mandatés en l'absence de délégué syndical. Enfin, dans les plus petites entreprises, celles qui emploient moins de 11 salariés, l'employeur va pouvoir proposer directement un texte à l'approbation de ses salariés. Vous avez apprécié ce contenu et la pratique du droit du travail vous intéresse ? Découvrez le métier d'inspecteur du travail. Un métier de terrain qui vous permettra de mettre en pratique vos connaissances sur l'ensemble du champ couvert par le Code du travail et bien plus encore. À très bientôt pour un nouvel épisode consacré au droit du travail.En savoir plus sur la web série « Droit du travail »Quelles sont les dispositions d'ordre public ? Les dispositions mentionnées ci-dessous sont d'ordre public, c'est-à-dire qu'il ne peut y être dérogé d'aucune manière. C'est à l'employeur qu'il revient d'engager le processus de négociation en invitant à la négociation l'ensemble des organisations syndicales représentatives dans l'entreprise (ou le cas échéant dans l'établissement). Conditions de | Les négociations obligatoires dans l'entreprise : thème, périodicité et déroulement
Dans les entreprises où sont constituées une ou plusieurs sections syndicales d'organisations représentatives, et dans lesquelles a été désigné au moins un délégué syndical , l'employeur doit prendre l’initiative d’engager, périodiquement, des négociations portant sur certains thèmes dont, notamment, les rémunérations et l' égalité professionnelle entre les femmes et les hommes . À défaut d'une initiative de l'employeur , la négociation s’engage obligatoirement à la demande d'une organisation syndicale représentative .
élus titulaires, au terme des dispositions de l'article L. 2232-23 du Code du travail. L'ensemble du champ de la négociation collective est ouvert à ces entreprises. Nous arrivons au terme de cette vidéo et il y a donc trois points à retenir. Premièrement, en matière de négociation, la primauté est donnée aux délégués syndicaux, sauf hypothèse de conseil d'entreprise. Ensuite, selon l'effectif de l'entreprise, l'employeur peut négocier avec des élus mandatés ou non, des salariés mandatés en l'absence de délégué syndical. Enfin, dans les plus petites entreprises, celles qui emploient moins de 11 salariés, l'employeur va pouvoir proposer directement un texte à l'approbation de ses salariés. Vous avez apprécié ce contenu et la pratique du droit du travail vous intéresse ? Découvrez le métier d'inspecteur du travail. Un métier de terrain qui vous permettra de mettre en pratique vos connaissances sur l'ensemble du champ couvert par le Code du travail et bien plus encore. À très bientôt pour un nouvel épisode consacré au droit du travail.En savoir plus sur la web série « Droit du travail »Quelles sont les dispositions d'ordre public ? Les dispositions mentionnées ci-dessous sont d'ordre public, c'est-à-dire qu'il ne peut y être dérogé d'aucune manière. C'est à l'employeur qu'il revient d'engager le processus de négociation en invitant à la négociation l'ensemble des organisations syndicales représentatives dans l'entreprise (ou le cas échéant dans l'établissement). 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31643865373236383762356466363536 | article375542 | 12 | Les délégués syndicaux | Travail-Emploi | travail-emploi | Chaque syndicat représentatif dans une entreprise ou un établissement d' au moins 50 salariés peut désigner un délégué syndical (DS) . Le délégué syndical exerce un rôle de représentation du syndicat auquel il appartient et de négociateur de conventions ou d'accords collectifs d'entreprise ou d'établissement . Il bénéficie d'une protection particulière en matière de licenciement . | 19/02/2025 | https://travail-emploi.gouv.fr/les-delegues-syndicaux | [
"L'action des syndicats en vidéo (Web série droit du travail)"
] | article du Code du travail, lorsque tous les élus ou tous les candidats ayant obtenu au moins 10 % des voix que l'organisation syndicale a présentés aux dernières élections professionnelles ont renoncé à être désignés délégué syndical, celle-ci peut désigner comme délégué syndical l'un de ses adhérents au sein de l'entreprise ou de l'établissement (c'est-à-dire un salarié qui n'était pas présent sur la liste aux élections) ou l'un de ses anciens élus ayant atteint la limite de trois mandats successifs au CSE. En l'espèce, après que le précédent délégué syndical désigné par le syndicat ait démissionné de ses fonctions et que les autres candidats de la liste du syndicat aient renoncé à exercer les fonctions de délégué syndical, le syndicat avait désigné l'un de ses adhérents en qualité de délégué syndical : désignation contestée par l'employeur, mais considérée comme valable par les juges. Les salariés appelés à exercer des responsabilités syndicales bénéficient du congé de formation économique, sociale, environnementale et syndicale. Comme le précise la Cour de cassation dans un arrêt du 12 juin 2024 auquel on se reportera, pour les salariés appelés à exercer des fonctions syndicales (par exemple, un délégué syndical), l'article L. 2145-1 du code du travail est applicable, fixant à 18 jours la durée totale maximale des congés pris à ce titre dans l'année par un salarié ; cette disposition est propre aux salariés appelés à exercer des fonctions syndicales, auxquels les | Les délégués syndicaux
Chaque syndicat représentatif dans une entreprise ou un établissement d' au moins 50 salariés peut désigner un délégué syndical (DS) . Le délégué syndical exerce un rôle de représentation du syndicat auquel il appartient et de négociateur de conventions ou d'accords collectifs d'entreprise ou d'établissement . Il bénéficie d'une protection particulière en matière de licenciement .
article du Code du travail, lorsque tous les élus ou tous les candidats ayant obtenu au moins 10 % des voix que l'organisation syndicale a présentés aux dernières élections professionnelles ont renoncé à être désignés délégué syndical, celle-ci peut désigner comme délégué syndical l'un de ses adhérents au sein de l'entreprise ou de l'établissement (c'est-à-dire un salarié qui n'était pas présent sur la liste aux élections) ou l'un de ses anciens élus ayant atteint la limite de trois mandats successifs au CSE. En l'espèce, après que le précédent délégué syndical désigné par le syndicat ait démissionné de ses fonctions et que les autres candidats de la liste du syndicat aient renoncé à exercer les fonctions de délégué syndical, le syndicat avait désigné l'un de ses adhérents en qualité de délégué syndical : désignation contestée par l'employeur, mais considérée comme valable par les juges. Les salariés appelés à exercer des responsabilités syndicales bénéficient du congé de formation économique, sociale, environnementale et syndicale. Comme le précise la Cour de cassation dans un arrêt du 12 juin 2024 auquel on se reportera, pour les salariés appelés à exercer des fonctions syndicales (par exemple, un délégué syndical), l'article L. 2145-1 du code du travail est applicable, fixant à 18 jours la durée totale maximale des congés pris à ce titre dans l'année par un salarié ; cette disposition est propre aux salariés appelés à exercer des fonctions syndicales, auxquels les | 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61376334633536373733336633396330 | article375542 | 13 | Les délégués syndicaux | Travail-Emploi | travail-emploi | Chaque syndicat représentatif dans une entreprise ou un établissement d' au moins 50 salariés peut désigner un délégué syndical (DS) . Le délégué syndical exerce un rôle de représentation du syndicat auquel il appartient et de négociateur de conventions ou d'accords collectifs d'entreprise ou d'établissement . Il bénéficie d'une protection particulière en matière de licenciement . | 19/02/2025 | https://travail-emploi.gouv.fr/les-delegues-syndicaux | [
"L'action des syndicats en vidéo (Web série droit du travail)"
] | auxquels les dispositions de l'article L. 2145-7 du Code du travail ne sont donc pas applicables ;Au début de son mandat, le délégué syndical (mais également le représentant du personnel titulaire ou le titulaire d'un mandat syndical) bénéficie, à sa demande, d'un entretien individuel avec son employeur. Condition d'effectifLes DS sont désignés dans l'entreprise ou l'établissement d'au moins 50 salariés. La désignation peut intervenir lorsque l'effectif d'au moins 50 salariés a été atteint pendant 12 mois consécutifs. Les effectifs sont calculés conformément aux dispositions prévues par le Code du travail. Cette désignation peut intervenir au sein de l'établissement regroupant des salariés placés sous la direction d'un représentant de l'employeur et constituant une communauté de travail ayant des intérêts propres, susceptibles de générer des revendications communes et spécifiques. Dans les établissements de moins de 50 salariés, les syndicats représentatifs dans l'établissement peuvent désigner, pour la durée de son mandat, un membre (en principe, un titulaire, voir précisions ci-dessous) de la délégation du personnel au CSE, comme délégué syndical. Sauf disposition conventionnelle, ce mandat n'ouvre pas droit à un crédit d'heures. Le temps dont dispose le membre de la délégation du personnel au CSE pour l'exercice de son mandat peut être utilisé dans les mêmes conditions pour l'exercice de ses fonctions de délégué syndical. Comme le précise la Cour de cassation dans un | Les délégués syndicaux
Chaque syndicat représentatif dans une entreprise ou un établissement d' au moins 50 salariés peut désigner un délégué syndical (DS) . Le délégué syndical exerce un rôle de représentation du syndicat auquel il appartient et de négociateur de conventions ou d'accords collectifs d'entreprise ou d'établissement . Il bénéficie d'une protection particulière en matière de licenciement .
auxquels les dispositions de l'article L. 2145-7 du Code du travail ne sont donc pas applicables ;Au début de son mandat, le délégué syndical (mais également le représentant du personnel titulaire ou le titulaire d'un mandat syndical) bénéficie, à sa demande, d'un entretien individuel avec son employeur. Condition d'effectifLes DS sont désignés dans l'entreprise ou l'établissement d'au moins 50 salariés. La désignation peut intervenir lorsque l'effectif d'au moins 50 salariés a été atteint pendant 12 mois consécutifs. Les effectifs sont calculés conformément aux dispositions prévues par le Code du travail. Cette désignation peut intervenir au sein de l'établissement regroupant des salariés placés sous la direction d'un représentant de l'employeur et constituant une communauté de travail ayant des intérêts propres, susceptibles de générer des revendications communes et spécifiques. Dans les établissements de moins de 50 salariés, les syndicats représentatifs dans l'établissement peuvent désigner, pour la durée de son mandat, un membre (en principe, un titulaire, voir précisions ci-dessous) de la délégation du personnel au CSE, comme délégué syndical. Sauf disposition conventionnelle, ce mandat n'ouvre pas droit à un crédit d'heures. Le temps dont dispose le membre de la délégation du personnel au CSE pour l'exercice de son mandat peut être utilisé dans les mêmes conditions pour l'exercice de ses fonctions de délégué syndical. Comme le précise la Cour de cassation dans un | 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35666533316231343735303165333039 | article375542 | 14 | Les délégués syndicaux | Travail-Emploi | travail-emploi | Chaque syndicat représentatif dans une entreprise ou un établissement d' au moins 50 salariés peut désigner un délégué syndical (DS) . Le délégué syndical exerce un rôle de représentation du syndicat auquel il appartient et de négociateur de conventions ou d'accords collectifs d'entreprise ou d'établissement . Il bénéficie d'une protection particulière en matière de licenciement . | 19/02/2025 | https://travail-emploi.gouv.fr/les-delegues-syndicaux | [
"L'action des syndicats en vidéo (Web série droit du travail)"
] | cassation dans un arrêt du 23 mars 2022, « seul un membre suppléant du comité social et économique disposant d'un crédit d'heures de délégation en application, soit des dispositions de l'article L. 2315-9 du Code du travail, soit des clauses du protocole préélectoral tel que prévu à l'article L. 2314-7 du même Code, soit du fait qu'il remplace momentanément un membre titulaire en application des dispositions de l'article L. 2314-37 de ce code, soit enfin en application d'un accord collectif dérogatoire au sens de l'article L. 2315-2, peut être désigné, dans les entreprises de moins de cinquante salariés, en qualité de délégué syndical. » En dehors de ces hypothèses, un membre suppléant de la délégation du personnel au CSE ne peut ainsi, dans les entreprises de moins de 50 salariés, être valablement désigné comme délégué syndical. FormalitésLes noms du ou des délégués syndicaux sont portés à la connaissance de l'employeur soit par lettre recommandée avec avis de réception, soit par lettre remise contre récépissé. Ils sont affichés sur des panneaux réservés aux communications syndicales. La lettre qui informe l'employeur doit mentionner le mandat confié au salarié (en l'espèce, délégué syndical) et le cadre (établissement, entreprise, UES) dans lequel cette désignation est effectuée. La copie de la communication adressée par le syndicat à l'employeur est adressée simultanément à l'agent de contrôle de l'inspection du travail. La même procédure est appliquée en cas de | Les délégués syndicaux
Chaque syndicat représentatif dans une entreprise ou un établissement d' au moins 50 salariés peut désigner un délégué syndical (DS) . Le délégué syndical exerce un rôle de représentation du syndicat auquel il appartient et de négociateur de conventions ou d'accords collectifs d'entreprise ou d'établissement . Il bénéficie d'une protection particulière en matière de licenciement .
cassation dans un arrêt du 23 mars 2022, « seul un membre suppléant du comité social et économique disposant d'un crédit d'heures de délégation en application, soit des dispositions de l'article L. 2315-9 du Code du travail, soit des clauses du protocole préélectoral tel que prévu à l'article L. 2314-7 du même Code, soit du fait qu'il remplace momentanément un membre titulaire en application des dispositions de l'article L. 2314-37 de ce code, soit enfin en application d'un accord collectif dérogatoire au sens de l'article L. 2315-2, peut être désigné, dans les entreprises de moins de cinquante salariés, en qualité de délégué syndical. » En dehors de ces hypothèses, un membre suppléant de la délégation du personnel au CSE ne peut ainsi, dans les entreprises de moins de 50 salariés, être valablement désigné comme délégué syndical. FormalitésLes noms du ou des délégués syndicaux sont portés à la connaissance de l'employeur soit par lettre recommandée avec avis de réception, soit par lettre remise contre récépissé. Ils sont affichés sur des panneaux réservés aux communications syndicales. La lettre qui informe l'employeur doit mentionner le mandat confié au salarié (en l'espèce, délégué syndical) et le cadre (établissement, entreprise, UES) dans lequel cette désignation est effectuée. La copie de la communication adressée par le syndicat à l'employeur est adressée simultanément à l'agent de contrôle de l'inspection du travail. La même procédure est appliquée en cas de | 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63303931383530313837393661663865 | article375542 | 15 | Les délégués syndicaux | Travail-Emploi | travail-emploi | Chaque syndicat représentatif dans une entreprise ou un établissement d' au moins 50 salariés peut désigner un délégué syndical (DS) . Le délégué syndical exerce un rôle de représentation du syndicat auquel il appartient et de négociateur de conventions ou d'accords collectifs d'entreprise ou d'établissement . Il bénéficie d'une protection particulière en matière de licenciement . | 19/02/2025 | https://travail-emploi.gouv.fr/les-delegues-syndicaux | [
"L'action des syndicats en vidéo (Web série droit du travail)"
] | appliquée en cas de remplacement ou de cessation de fonctions du délégué. Les contestations relatives aux conditions de désignation des délégués syndicaux sont de la seule compétence du tribunal judiciaire (juridiction issue de la fusion des tribunaux d'instance et des tribunaux de grande instance), selon les modalités fixées par l'article L. 2143-8 et R. 2143-5 du Code du travail. Quel est le nombre de délégués syndicaux ? Cas généralLe nombre des délégués syndicaux dont dispose chaque section syndicale est fixé soit par entreprise, soit par établissement distinct. Dans les entreprises, le nombre des délégués syndicaux est fixé comme suit :De 50 à 999 salariés : 1 délégué ;De 1 000 à 1 999 salariés : 2 délégués ;De 2 000 à 3 999 salariés : 3 délégués ;De 4 000 à 9 999 salariés : 4 délégués ;Au-delà de 9 999 salariés : 5 délégués. Dans les entreprises comportant des établissements distincts d'au moins 50 salariés, le nombre des délégués syndicaux est fixé par établissement conformément aux dispositions mentionnées ci-dessus. Délégué syndical supplémentaireDans les entreprises d'au moins 500 salariés, tout syndicat représentatif dans l'entreprise peut désigner un délégué syndical supplémentaire s'il a obtenu un ou plusieurs élus dans le collège des ouvriers et employés lors de l'élection du CSE et s'il compte au moins un élu dans l'un des deux autres collèges. Ce délégué supplémentaire est désigné parmi les candidats aux élections professionnelles qui ont recueilli sur leur | Les délégués syndicaux
Chaque syndicat représentatif dans une entreprise ou un établissement d' au moins 50 salariés peut désigner un délégué syndical (DS) . Le délégué syndical exerce un rôle de représentation du syndicat auquel il appartient et de négociateur de conventions ou d'accords collectifs d'entreprise ou d'établissement . Il bénéficie d'une protection particulière en matière de licenciement .
appliquée en cas de remplacement ou de cessation de fonctions du délégué. Les contestations relatives aux conditions de désignation des délégués syndicaux sont de la seule compétence du tribunal judiciaire (juridiction issue de la fusion des tribunaux d'instance et des tribunaux de grande instance), selon les modalités fixées par l'article L. 2143-8 et R. 2143-5 du Code du travail. Quel est le nombre de délégués syndicaux ? Cas généralLe nombre des délégués syndicaux dont dispose chaque section syndicale est fixé soit par entreprise, soit par établissement distinct. Dans les entreprises, le nombre des délégués syndicaux est fixé comme suit :De 50 à 999 salariés : 1 délégué ;De 1 000 à 1 999 salariés : 2 délégués ;De 2 000 à 3 999 salariés : 3 délégués ;De 4 000 à 9 999 salariés : 4 délégués ;Au-delà de 9 999 salariés : 5 délégués. Dans les entreprises comportant des établissements distincts d'au moins 50 salariés, le nombre des délégués syndicaux est fixé par établissement conformément aux dispositions mentionnées ci-dessus. Délégué syndical supplémentaireDans les entreprises d'au moins 500 salariés, tout syndicat représentatif dans l'entreprise peut désigner un délégué syndical supplémentaire s'il a obtenu un ou plusieurs élus dans le collège des ouvriers et employés lors de l'élection du CSE et s'il compte au moins un élu dans l'un des deux autres collèges. Ce délégué supplémentaire est désigné parmi les candidats aux élections professionnelles qui ont recueilli sur leur | 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62326632316166353738373831646233 | article100977 | 6 | La période d'essai | Travail-Emploi | travail-emploi | La période d'essai permet à l'employeur d'évaluer les compétences du salarié dans son travail, notamment au regard de son expérience, et au salarié d'apprécier si les fonctions occupées lui conviennent. La période d’essai constitue ainsi une première phase du contrat de travail qui : n’est pas obligatoire ; doit, pour exister, être prévue dans le contrat de travail ou la lettre d’engagement ; a une durée maximale fixée par le Code du travail, les conventions collectives ou le contrat de travail, avec, dans certains cas (CDD, VRP...), application de règles particulières ; peut, sauf abus, être rompue librement sous réserve du respect d’un délai de prévenance. Au terme de la période d’essai, le salarié est définitivement embauché. | 19/05/2025 | https://travail-emploi.gouv.fr/la-periode-dessai | [
"La période d’essai peut-elle être rompue ?"
] | Pendant l’essai, le contrat de travail peut être librement rompu par le salarié ou par l’employeur, sans qu’il soit besoin de motiver cette rupture, et sans indemnité (sauf disposition conventionnelle contraire). Les règles de procédure concernant le licenciement ne s’appliquent pas. L’employeur et, dans certains cas, le salarié, doivent toutefois respecter un délai de prévenance.Ainsi, lorsqu'il est mis fin, par l'employeur, au contrat en cours ou au terme de la période d'essai définie aux articles L. 1221-19 à L. 1221-24 du Code du travail (voir ci-dessus), le salarié est prévenu dans un délai qui ne peut être inférieur à :vingt-quatre heures en deçà de 8 jours de présence ;quarante-huit heures entre 8 jours et 1 mois de présence ;deux semaines après 1 mois de présence ;un mois après 3 mois de présence.La période d'essai, renouvellement inclus, ne peut être prolongée du fait de la durée du délai de prévenance. Lorsque le délai de prévenance n'a pas été respecté, son inexécution ouvre droit pour le salarié, sauf s'il a commis une faute grave, à une indemnité compensatrice. Cette indemnité est égale au montant des salaires et avantages que le salarié aurait perçus s'il avait accompli son travail jusqu'à l'expiration du délai de prévenance, indemnité compensatrice de congés payés comprise (art. L. 1221-25 du Code du travail).Les dispositions ci-dessus relatives au délai de prévenance s’appliquent également à la rupture, pendant la période d’essai, d'un CDD stipulant un | La période d'essai
La période d'essai permet à l'employeur d'évaluer les compétences du salarié dans son travail, notamment au regard de son expérience, et au salarié d'apprécier si les fonctions occupées lui conviennent. La période d’essai constitue ainsi une première phase du contrat de travail qui : n’est pas obligatoire ; doit, pour exister, être prévue dans le contrat de travail ou la lettre d’engagement ; a une durée maximale fixée par le Code du travail, les conventions collectives ou le contrat de travail, avec, dans certains cas (CDD, VRP...), application de règles particulières ; peut, sauf abus, être rompue librement sous réserve du respect d’un délai de prévenance. Au terme de la période d’essai, le salarié est définitivement embauché.
Pendant l’essai, le contrat de travail peut être librement rompu par le salarié ou par l’employeur, sans qu’il soit besoin de motiver cette rupture, et sans indemnité (sauf disposition conventionnelle contraire). Les règles de procédure concernant le licenciement ne s’appliquent pas. L’employeur et, dans certains cas, le salarié, doivent toutefois respecter un délai de prévenance.Ainsi, lorsqu'il est mis fin, par l'employeur, au contrat en cours ou au terme de la période d'essai définie aux articles L. 1221-19 à L. 1221-24 du Code du travail (voir ci-dessus), le salarié est prévenu dans un délai qui ne peut être inférieur à :vingt-quatre heures en deçà de 8 jours de présence ;quarante-huit heures entre 8 jours et 1 mois de présence ;deux semaines après 1 mois de présence ;un mois après 3 mois de présence.La période d'essai, renouvellement inclus, ne peut être prolongée du fait de la durée du délai de prévenance. Lorsque le délai de prévenance n'a pas été respecté, son inexécution ouvre droit pour le salarié, sauf s'il a commis une faute grave, à une indemnité compensatrice. Cette indemnité est égale au montant des salaires et avantages que le salarié aurait perçus s'il avait accompli son travail jusqu'à l'expiration du délai de prévenance, indemnité compensatrice de congés payés comprise (art. L. 1221-25 du Code du travail).Les dispositions ci-dessus relatives au délai de prévenance s’appliquent également à la rupture, pendant la période d’essai, d'un CDD stipulant un | 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39363233316135306164373938353435 | article375542 | 16 | Les délégués syndicaux | Travail-Emploi | travail-emploi | Chaque syndicat représentatif dans une entreprise ou un établissement d' au moins 50 salariés peut désigner un délégué syndical (DS) . Le délégué syndical exerce un rôle de représentation du syndicat auquel il appartient et de négociateur de conventions ou d'accords collectifs d'entreprise ou d'établissement . Il bénéficie d'une protection particulière en matière de licenciement . | 19/02/2025 | https://travail-emploi.gouv.fr/les-delegues-syndicaux | [
"L'action des syndicats en vidéo (Web série droit du travail)"
] | recueilli sur leur nom et dans leur collège au moins 10 % des suffrages exprimés au premier tour des dernières élections au CSE, quel que soit le nombre de votants. Ces dispositions sont d’interprétation stricte de sorte que la désignation d’un salarié en qualité de délégué syndical supplémentaire devra être annulée dès lors qu’il ne respecte pas les conditions ainsi fixées par le Code du travail (voir par exemple l’arrêt de la Cour de cassation du 22 janvier 2025). Délégué syndical centralDans les entreprises d'au moins 2 000 salariés comportant au moins 2 établissements d'au moins 50 salariés chacun, chaque syndicat représentatif dans l'entreprise peut, dans les conditions fixées par l'article L. 2143-5 du Code du travail, désigner un délégué syndical central d'entreprise, distinct des délégués syndicaux d'établissement. L'ensemble des dispositions relatives au délégué syndical d'entreprise est applicable au délégué syndical central. Dans les entreprises de moins de 2 000 salariés comportant au moins 2 établissements d'au moins 50 salariés chacun, chaque syndicat représentatif peut, dans les conditions fixées par l'article L. 2143-5 précité, désigner l'un de ses délégués syndicaux d'établissement en vue d'exercer également les fonctions de délégué syndical central d'entreprise (dans ce cas, il ne s'agit donc pas d'un délégué supplémentaire). Ce dernier ne dispose donc que du crédit d'heures associé à son mandat de délégué syndical d'établissement déterminé en fonction de | Les délégués syndicaux
Chaque syndicat représentatif dans une entreprise ou un établissement d' au moins 50 salariés peut désigner un délégué syndical (DS) . Le délégué syndical exerce un rôle de représentation du syndicat auquel il appartient et de négociateur de conventions ou d'accords collectifs d'entreprise ou d'établissement . Il bénéficie d'une protection particulière en matière de licenciement .
recueilli sur leur nom et dans leur collège au moins 10 % des suffrages exprimés au premier tour des dernières élections au CSE, quel que soit le nombre de votants. Ces dispositions sont d’interprétation stricte de sorte que la désignation d’un salarié en qualité de délégué syndical supplémentaire devra être annulée dès lors qu’il ne respecte pas les conditions ainsi fixées par le Code du travail (voir par exemple l’arrêt de la Cour de cassation du 22 janvier 2025). Délégué syndical centralDans les entreprises d'au moins 2 000 salariés comportant au moins 2 établissements d'au moins 50 salariés chacun, chaque syndicat représentatif dans l'entreprise peut, dans les conditions fixées par l'article L. 2143-5 du Code du travail, désigner un délégué syndical central d'entreprise, distinct des délégués syndicaux d'établissement. L'ensemble des dispositions relatives au délégué syndical d'entreprise est applicable au délégué syndical central. Dans les entreprises de moins de 2 000 salariés comportant au moins 2 établissements d'au moins 50 salariés chacun, chaque syndicat représentatif peut, dans les conditions fixées par l'article L. 2143-5 précité, désigner l'un de ses délégués syndicaux d'établissement en vue d'exercer également les fonctions de délégué syndical central d'entreprise (dans ce cas, il ne s'agit donc pas d'un délégué supplémentaire). Ce dernier ne dispose donc que du crédit d'heures associé à son mandat de délégué syndical d'établissement déterminé en fonction de | 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65623663663538663264343435666336 | article375542 | 17 | Les délégués syndicaux | Travail-Emploi | travail-emploi | Chaque syndicat représentatif dans une entreprise ou un établissement d' au moins 50 salariés peut désigner un délégué syndical (DS) . Le délégué syndical exerce un rôle de représentation du syndicat auquel il appartient et de négociateur de conventions ou d'accords collectifs d'entreprise ou d'établissement . Il bénéficie d'une protection particulière en matière de licenciement . | 19/02/2025 | https://travail-emploi.gouv.fr/les-delegues-syndicaux | [
"L'action des syndicats en vidéo (Web série droit du travail)"
] | en fonction de l'effectif apprécié au niveau de l'établissement. Le cas échéant, des dispositions plus favorables peuvent être prévues par accord collectif. Quelle est la durée du mandat ? Le mandat de délégué syndical prend fin au plus tard lors du premier tour des élections de l'institution représentative du personnel renouvelant l'institution dont l'élection avait permis de reconnaître la représentativité de l'organisation syndicale l'ayant désigné. Selon la Cour de cassation, « le mandat de délégué syndical prenant fin lors du renouvellement des institutions représentatives dans l'entreprise, la désignation, à l'issue de ces nouvelles élections, d'un délégué syndical, fait courir à compter de la date de cette désignation le délai prévu par l'article R. 2314-24 du code du travail même si le salarié désigné exerçait déjà cette mission avant le nouveau scrutin » (Cass. soc. , 22 sept. 2010). En cas de réduction importante et durable de l'effectif en dessous de 50 salariés, la suppression du mandat de délégué syndical est subordonnée à un accord entre l'employeur et l'ensemble des organisations syndicales représentatives. À défaut d'accord, le directeur régional de l'économie, de l'emploi, du travail et des solidarités (DREETS - DDETS) peut décider que le mandat de délégué syndical prend fin. Le mandat du délégué syndical peut également prendre fin :Par décision du délégué d'y mettre fin ou par son décès ;Par révocation émanant de l'organisation syndicale qui l'avait désigné | Les délégués syndicaux
Chaque syndicat représentatif dans une entreprise ou un établissement d' au moins 50 salariés peut désigner un délégué syndical (DS) . Le délégué syndical exerce un rôle de représentation du syndicat auquel il appartient et de négociateur de conventions ou d'accords collectifs d'entreprise ou d'établissement . Il bénéficie d'une protection particulière en matière de licenciement .
en fonction de l'effectif apprécié au niveau de l'établissement. Le cas échéant, des dispositions plus favorables peuvent être prévues par accord collectif. Quelle est la durée du mandat ? Le mandat de délégué syndical prend fin au plus tard lors du premier tour des élections de l'institution représentative du personnel renouvelant l'institution dont l'élection avait permis de reconnaître la représentativité de l'organisation syndicale l'ayant désigné. Selon la Cour de cassation, « le mandat de délégué syndical prenant fin lors du renouvellement des institutions représentatives dans l'entreprise, la désignation, à l'issue de ces nouvelles élections, d'un délégué syndical, fait courir à compter de la date de cette désignation le délai prévu par l'article R. 2314-24 du code du travail même si le salarié désigné exerçait déjà cette mission avant le nouveau scrutin » (Cass. soc. , 22 sept. 2010). En cas de réduction importante et durable de l'effectif en dessous de 50 salariés, la suppression du mandat de délégué syndical est subordonnée à un accord entre l'employeur et l'ensemble des organisations syndicales représentatives. À défaut d'accord, le directeur régional de l'économie, de l'emploi, du travail et des solidarités (DREETS - DDETS) peut décider que le mandat de délégué syndical prend fin. Le mandat du délégué syndical peut également prendre fin :Par décision du délégué d'y mettre fin ou par son décès ;Par révocation émanant de l'organisation syndicale qui l'avait désigné | 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31356430616638306332363562306233 | article375542 | 18 | Les délégués syndicaux | Travail-Emploi | travail-emploi | Chaque syndicat représentatif dans une entreprise ou un établissement d' au moins 50 salariés peut désigner un délégué syndical (DS) . Le délégué syndical exerce un rôle de représentation du syndicat auquel il appartient et de négociateur de conventions ou d'accords collectifs d'entreprise ou d'établissement . Il bénéficie d'une protection particulière en matière de licenciement . | 19/02/2025 | https://travail-emploi.gouv.fr/les-delegues-syndicaux | [
"L'action des syndicats en vidéo (Web série droit du travail)"
] | qui l'avait désigné ;Par départ du délégué de l'entreprise ou de l'établissement distinct. Par ailleurs, si un membre de la délégation du personnel au CSE a été désigné comme délégué syndical, la perte de ce mandat entraîne la fin de son mandat de délégué syndical. L'entretien professionnel mentionné à l'article L. 6315-1 du code du travail doit systématiquement être proposé, par l'employeur, au salarié qui reprend son activité à l'issue d'un mandat syndical. Quelles sont les missions du délégué syndical ? Le délégué syndical représente son syndicat auprès de l'employeur pour lui formuler des propositions, des revendications ou des réclamations. Il assure par ailleurs l'interface entre les salariés et l'organisation syndicale à laquelle il appartient et anime la section syndicale. Mais c'est essentiellement sa fonction de négociateur qui fonde sa spécificité. En effet, le Code du travail prévoit que les conventions ou les accords d'entreprise ou d'établissement sont négociés entre l'employeur et les organisations syndicales de salariés représentatives dans l'entreprise, sous réserve de la mise en place, dans l'entreprise, d'un conseil d'entreprise. Le délégué syndical est donc appelé à négocier chaque fois que l'employeur souhaite l'ouverture de discussions en vue de la conclusion d'un accord et, au minimum, lors des négociations périodiques obligatoires dont l'employeur est tenu de prendre l'initiative. Pour plus de précisions sur ces questions, on peut se reporter au | Les délégués syndicaux
Chaque syndicat représentatif dans une entreprise ou un établissement d' au moins 50 salariés peut désigner un délégué syndical (DS) . Le délégué syndical exerce un rôle de représentation du syndicat auquel il appartient et de négociateur de conventions ou d'accords collectifs d'entreprise ou d'établissement . Il bénéficie d'une protection particulière en matière de licenciement .
qui l'avait désigné ;Par départ du délégué de l'entreprise ou de l'établissement distinct. Par ailleurs, si un membre de la délégation du personnel au CSE a été désigné comme délégué syndical, la perte de ce mandat entraîne la fin de son mandat de délégué syndical. L'entretien professionnel mentionné à l'article L. 6315-1 du code du travail doit systématiquement être proposé, par l'employeur, au salarié qui reprend son activité à l'issue d'un mandat syndical. Quelles sont les missions du délégué syndical ? Le délégué syndical représente son syndicat auprès de l'employeur pour lui formuler des propositions, des revendications ou des réclamations. Il assure par ailleurs l'interface entre les salariés et l'organisation syndicale à laquelle il appartient et anime la section syndicale. Mais c'est essentiellement sa fonction de négociateur qui fonde sa spécificité. En effet, le Code du travail prévoit que les conventions ou les accords d'entreprise ou d'établissement sont négociés entre l'employeur et les organisations syndicales de salariés représentatives dans l'entreprise, sous réserve de la mise en place, dans l'entreprise, d'un conseil d'entreprise. Le délégué syndical est donc appelé à négocier chaque fois que l'employeur souhaite l'ouverture de discussions en vue de la conclusion d'un accord et, au minimum, lors des négociations périodiques obligatoires dont l'employeur est tenu de prendre l'initiative. Pour plus de précisions sur ces questions, on peut se reporter au | 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31326666643665343633363236363633 | article375542 | 19 | Les délégués syndicaux | Travail-Emploi | travail-emploi | Chaque syndicat représentatif dans une entreprise ou un établissement d' au moins 50 salariés peut désigner un délégué syndical (DS) . Le délégué syndical exerce un rôle de représentation du syndicat auquel il appartient et de négociateur de conventions ou d'accords collectifs d'entreprise ou d'établissement . Il bénéficie d'une protection particulière en matière de licenciement . | 19/02/2025 | https://travail-emploi.gouv.fr/les-delegues-syndicaux | [
"L'action des syndicats en vidéo (Web série droit du travail)"
] | peut se reporter au document Questions/Réponses « La négociation collective » disponible sur ce site. Une base de données économiques, sociales et environnementales, mise régulièrement à jour, rassemble un ensemble d'informations que l'employeur met à disposition du CSE. Cette base de données est accessible en permanence aux délégués syndicaux et aux représentants du personnel mentionnés à l'article L. 2312-36 du Code du travail. Peut-il y avoir cumul de mandats ? Oui, les fonctions de délégué syndical sont compatibles avec celle de :Représentant syndical au comité social et économique (CSE) ;Membre de la délégation du personnel au CSE. Dans les entreprises de moins de 300 salariés et dans les établissements appartenant à ces entreprises, le délégué syndical est, de droit, représentant syndical au CSE. Le délégué syndical est, à ce titre, destinataire des informations fournies à ce comité. Cette disposition ne trouve toutefois pas à s'appliquer dans les entreprises de moins de 50 salariés dans lesquelles il n'est donc pas possible de désigner un représentant syndical auprès du CSE ; sur cette question, on peut se reporter aux précisions figurant dans l'arrêt de la Cour de cassation du 8 septembre 2021. Quels sont les moyens des délégués syndicaux ? Le crédit d'heures (ou heures de délégation) du délégué syndicalChaque délégué syndical dispose d'un temps nécessaire à l'exercice de ses fonctions. Ce temps est au moins égal à :12 heures par mois dans les entreprises ou | Les délégués syndicaux
Chaque syndicat représentatif dans une entreprise ou un établissement d' au moins 50 salariés peut désigner un délégué syndical (DS) . Le délégué syndical exerce un rôle de représentation du syndicat auquel il appartient et de négociateur de conventions ou d'accords collectifs d'entreprise ou d'établissement . Il bénéficie d'une protection particulière en matière de licenciement .
peut se reporter au document Questions/Réponses « La négociation collective » disponible sur ce site. Une base de données économiques, sociales et environnementales, mise régulièrement à jour, rassemble un ensemble d'informations que l'employeur met à disposition du CSE. Cette base de données est accessible en permanence aux délégués syndicaux et aux représentants du personnel mentionnés à l'article L. 2312-36 du Code du travail. Peut-il y avoir cumul de mandats ? Oui, les fonctions de délégué syndical sont compatibles avec celle de :Représentant syndical au comité social et économique (CSE) ;Membre de la délégation du personnel au CSE. Dans les entreprises de moins de 300 salariés et dans les établissements appartenant à ces entreprises, le délégué syndical est, de droit, représentant syndical au CSE. Le délégué syndical est, à ce titre, destinataire des informations fournies à ce comité. Cette disposition ne trouve toutefois pas à s'appliquer dans les entreprises de moins de 50 salariés dans lesquelles il n'est donc pas possible de désigner un représentant syndical auprès du CSE ; sur cette question, on peut se reporter aux précisions figurant dans l'arrêt de la Cour de cassation du 8 septembre 2021. Quels sont les moyens des délégués syndicaux ? Le crédit d'heures (ou heures de délégation) du délégué syndicalChaque délégué syndical dispose d'un temps nécessaire à l'exercice de ses fonctions. Ce temps est au moins égal à :12 heures par mois dans les entreprises ou | 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37646637646363633839633539643732 | article100977 | 7 | La période d'essai | Travail-Emploi | travail-emploi | La période d'essai permet à l'employeur d'évaluer les compétences du salarié dans son travail, notamment au regard de son expérience, et au salarié d'apprécier si les fonctions occupées lui conviennent. La période d’essai constitue ainsi une première phase du contrat de travail qui : n’est pas obligatoire ; doit, pour exister, être prévue dans le contrat de travail ou la lettre d’engagement ; a une durée maximale fixée par le Code du travail, les conventions collectives ou le contrat de travail, avec, dans certains cas (CDD, VRP...), application de règles particulières ; peut, sauf abus, être rompue librement sous réserve du respect d’un délai de prévenance. Au terme de la période d’essai, le salarié est définitivement embauché. | 19/05/2025 | https://travail-emploi.gouv.fr/la-periode-dessai | [
"La période d’essai peut-elle être rompue ?"
] | CDD stipulant un essai d'au moins une semaine.Pour sa part, le salarié qui met fin à la période d'essai respecte un délai de prévenance de 48 heures. Ce délai est ramené à 24 heures si la durée de présence du salarié dans l'entreprise est inférieure à 8 jours.Si la liberté de rupture de la période d’essai est la règle, un certain nombre de limites ont été posées à cette liberté, notamment par la Cour de cassation. Ainsi :la rupture de la période d’essai ne peut être fondée sur un motif discriminatoire ;si cette rupture est fondée sur un motif disciplinaire, l’employeur doit respecter la procédure disciplinaire ;l’employeur doit obtenir l’autorisation de l’inspecteur du travail pour rompre la période d’essai d’un salarié protégé.Par ailleurs, l’employeur ne doit pas faire un usage abusif du droit qui lui est reconnu de rompre la période d’essai à tout moment ; un employeur a ainsi été condamné à verser des dommages-intérêts au salarié pour avoir mis fin à sa période d'essai une semaine après le début des relations contractuelles, alors même que le salarié, âgé de 45 ans, venait de démissionner de son emploi précédent, qu'il effectuait un stage d'adaptation aux techniques de la société et qu'il n'avait pas encore été mis en mesure d'exercer les fonctions qui lui avaient été attribuées. Même solution en présence d’une période d’essai d’une durée d’un mois, à laquelle l’employeur met fin au bout de deux jours de travail, sans avoir pu, précisent les juges, apprécier la valeur | La période d'essai
La période d'essai permet à l'employeur d'évaluer les compétences du salarié dans son travail, notamment au regard de son expérience, et au salarié d'apprécier si les fonctions occupées lui conviennent. La période d’essai constitue ainsi une première phase du contrat de travail qui : n’est pas obligatoire ; doit, pour exister, être prévue dans le contrat de travail ou la lettre d’engagement ; a une durée maximale fixée par le Code du travail, les conventions collectives ou le contrat de travail, avec, dans certains cas (CDD, VRP...), application de règles particulières ; peut, sauf abus, être rompue librement sous réserve du respect d’un délai de prévenance. Au terme de la période d’essai, le salarié est définitivement embauché.
CDD stipulant un essai d'au moins une semaine.Pour sa part, le salarié qui met fin à la période d'essai respecte un délai de prévenance de 48 heures. Ce délai est ramené à 24 heures si la durée de présence du salarié dans l'entreprise est inférieure à 8 jours.Si la liberté de rupture de la période d’essai est la règle, un certain nombre de limites ont été posées à cette liberté, notamment par la Cour de cassation. Ainsi :la rupture de la période d’essai ne peut être fondée sur un motif discriminatoire ;si cette rupture est fondée sur un motif disciplinaire, l’employeur doit respecter la procédure disciplinaire ;l’employeur doit obtenir l’autorisation de l’inspecteur du travail pour rompre la période d’essai d’un salarié protégé.Par ailleurs, l’employeur ne doit pas faire un usage abusif du droit qui lui est reconnu de rompre la période d’essai à tout moment ; un employeur a ainsi été condamné à verser des dommages-intérêts au salarié pour avoir mis fin à sa période d'essai une semaine après le début des relations contractuelles, alors même que le salarié, âgé de 45 ans, venait de démissionner de son emploi précédent, qu'il effectuait un stage d'adaptation aux techniques de la société et qu'il n'avait pas encore été mis en mesure d'exercer les fonctions qui lui avaient été attribuées. Même solution en présence d’une période d’essai d’une durée d’un mois, à laquelle l’employeur met fin au bout de deux jours de travail, sans avoir pu, précisent les juges, apprécier la valeur | 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62316337383861313438633637326239 | article375542 | 20 | Les délégués syndicaux | Travail-Emploi | travail-emploi | Chaque syndicat représentatif dans une entreprise ou un établissement d' au moins 50 salariés peut désigner un délégué syndical (DS) . Le délégué syndical exerce un rôle de représentation du syndicat auquel il appartient et de négociateur de conventions ou d'accords collectifs d'entreprise ou d'établissement . Il bénéficie d'une protection particulière en matière de licenciement . | 19/02/2025 | https://travail-emploi.gouv.fr/les-delegues-syndicaux | [
"L'action des syndicats en vidéo (Web série droit du travail)"
] | les entreprises ou établissements de 50 à 150 à salariés ;18 heures par mois dans les entreprises ou établissements de 151 à 499 salariés ;24 heures par mois dans les entreprises ou établissements d'au moins 500 salariés. Ce temps peut être augmenté par un accord collectif ou un usage. Il peut également être dépassé en cas de circonstances exceptionnelles (situation inhabituelle nécessitant de la part du délégué syndical un surcroît d'activité, débordant le cadre habituel de ses tâches en raison notamment de la soudaineté de l'événement ou de l'urgence des mesures à prendre). Les heures utilisées pour participer à des réunions qui ont lieu à l'initiative de l'employeur ne sont pas imputables sur les temps de délégation ;Dans les entreprises ou établissements où, en application des articles L. 2143-3 et L. 2143-4 du Code du travail, sont désignés pour chaque section syndicale plusieurs délégués, ceux-ci peuvent répartir entre eux le temps dont ils disposent au titre de leur mandat de délégué syndical. Ils en informent l'employeur. Le délégué syndical central (DSC) désigné dans les entreprises d'au moins 2 000 salariés (voir ci-dessus) dispose de 24 heures par mois pour l'exercice de ses fonctions. Ces heures s'ajoutent à celles dont il peut disposer à un titre autre que celui de délégué syndical d'établissement (par exemple, au titre de membre de la délégation du personnel au CSE). En d'autres termes :S'il n'est pas également délégué syndical d'établissement (ce qui n'est | Les délégués syndicaux
Chaque syndicat représentatif dans une entreprise ou un établissement d' au moins 50 salariés peut désigner un délégué syndical (DS) . Le délégué syndical exerce un rôle de représentation du syndicat auquel il appartient et de négociateur de conventions ou d'accords collectifs d'entreprise ou d'établissement . Il bénéficie d'une protection particulière en matière de licenciement .
les entreprises ou établissements de 50 à 150 à salariés ;18 heures par mois dans les entreprises ou établissements de 151 à 499 salariés ;24 heures par mois dans les entreprises ou établissements d'au moins 500 salariés. Ce temps peut être augmenté par un accord collectif ou un usage. Il peut également être dépassé en cas de circonstances exceptionnelles (situation inhabituelle nécessitant de la part du délégué syndical un surcroît d'activité, débordant le cadre habituel de ses tâches en raison notamment de la soudaineté de l'événement ou de l'urgence des mesures à prendre). Les heures utilisées pour participer à des réunions qui ont lieu à l'initiative de l'employeur ne sont pas imputables sur les temps de délégation ;Dans les entreprises ou établissements où, en application des articles L. 2143-3 et L. 2143-4 du Code du travail, sont désignés pour chaque section syndicale plusieurs délégués, ceux-ci peuvent répartir entre eux le temps dont ils disposent au titre de leur mandat de délégué syndical. Ils en informent l'employeur. Le délégué syndical central (DSC) désigné dans les entreprises d'au moins 2 000 salariés (voir ci-dessus) dispose de 24 heures par mois pour l'exercice de ses fonctions. Ces heures s'ajoutent à celles dont il peut disposer à un titre autre que celui de délégué syndical d'établissement (par exemple, au titre de membre de la délégation du personnel au CSE). En d'autres termes :S'il n'est pas également délégué syndical d'établissement (ce qui n'est | 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64653732623931383139326539326339 | article375542 | 21 | Les délégués syndicaux | Travail-Emploi | travail-emploi | Chaque syndicat représentatif dans une entreprise ou un établissement d' au moins 50 salariés peut désigner un délégué syndical (DS) . Le délégué syndical exerce un rôle de représentation du syndicat auquel il appartient et de négociateur de conventions ou d'accords collectifs d'entreprise ou d'établissement . Il bénéficie d'une protection particulière en matière de licenciement . | 19/02/2025 | https://travail-emploi.gouv.fr/les-delegues-syndicaux | [
"L'action des syndicats en vidéo (Web série droit du travail)"
] | (ce qui n'est possible que dans les entreprises d'au moins 2 000 salariés), le DSC dispose, à ce titre, d'un crédit d'heures spécifique de 24 heures par mois ;s'il est déjà délégué syndical d'établissement, il ne dispose pas d'un crédit d'heures spécifique au titre de son mandat de DSC, mais son crédit d'heures sera porté à 24 heures par mois s'il ne les atteint pas déjà dans le cadre de son mandat de délégué syndical d'établissement. Chaque délégué syndical peut utiliser des heures de délégation, hormis celles dévolues à la section syndicale (voir ci-dessous), pour participer, au titre de son organisation, à des négociations ou à des concertations à un autre niveau que celui de l'entreprise ou aux réunions d'instances organisées dans l'intérêt des salariés de l'entreprise ou de la branche ;Sauf accord collectif contraire, lorsque le salarié désigné DS est un salarié ayant conclu une convention de forfait en jours sur l'année, le crédit d'heures est regroupé en demi-journées qui viennent en déduction du nombre annuel de jours travaillés fixé dans la convention individuelle du salarié. Une demi-journée correspond à quatre heures de mandat. Lorsque le crédit d'heures ou la fraction du crédit d'heures restant est inférieur à quatre heures, le représentant du personnel en bénéficie dans des conditions définies par l'article R. 2143-3-1 du Code du travail ;Les heures de délégation, pour leur volume légal ou conventionnel, sont de plein droit considérées comme temps de travail et | Les délégués syndicaux
Chaque syndicat représentatif dans une entreprise ou un établissement d' au moins 50 salariés peut désigner un délégué syndical (DS) . Le délégué syndical exerce un rôle de représentation du syndicat auquel il appartient et de négociateur de conventions ou d'accords collectifs d'entreprise ou d'établissement . Il bénéficie d'une protection particulière en matière de licenciement .
(ce qui n'est possible que dans les entreprises d'au moins 2 000 salariés), le DSC dispose, à ce titre, d'un crédit d'heures spécifique de 24 heures par mois ;s'il est déjà délégué syndical d'établissement, il ne dispose pas d'un crédit d'heures spécifique au titre de son mandat de DSC, mais son crédit d'heures sera porté à 24 heures par mois s'il ne les atteint pas déjà dans le cadre de son mandat de délégué syndical d'établissement. Chaque délégué syndical peut utiliser des heures de délégation, hormis celles dévolues à la section syndicale (voir ci-dessous), pour participer, au titre de son organisation, à des négociations ou à des concertations à un autre niveau que celui de l'entreprise ou aux réunions d'instances organisées dans l'intérêt des salariés de l'entreprise ou de la branche ;Sauf accord collectif contraire, lorsque le salarié désigné DS est un salarié ayant conclu une convention de forfait en jours sur l'année, le crédit d'heures est regroupé en demi-journées qui viennent en déduction du nombre annuel de jours travaillés fixé dans la convention individuelle du salarié. Une demi-journée correspond à quatre heures de mandat. Lorsque le crédit d'heures ou la fraction du crédit d'heures restant est inférieur à quatre heures, le représentant du personnel en bénéficie dans des conditions définies par l'article R. 2143-3-1 du Code du travail ;Les heures de délégation, pour leur volume légal ou conventionnel, sont de plein droit considérées comme temps de travail et | 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32616530386263343563333965313638 | article375542 | 22 | Les délégués syndicaux | Travail-Emploi | travail-emploi | Chaque syndicat représentatif dans une entreprise ou un établissement d' au moins 50 salariés peut désigner un délégué syndical (DS) . Le délégué syndical exerce un rôle de représentation du syndicat auquel il appartient et de négociateur de conventions ou d'accords collectifs d'entreprise ou d'établissement . Il bénéficie d'une protection particulière en matière de licenciement . | 19/02/2025 | https://travail-emploi.gouv.fr/les-delegues-syndicaux | [
"L'action des syndicats en vidéo (Web série droit du travail)"
] | temps de travail et payées à l'échéance normale. L'employeur qui entend contester l'utilisation faite des heures de délégation saisit le juge judiciaire; si sa demande est fondée, il pourra obtenir le remboursement des heures de délégation indûment payées (en ce sens, voir, par exemple, l'arrêt de la Cour de cassation du 16 février 2022). Les heures prises en dehors du volume légal ou conventionnel ne bénéficient pas de cette présomption de bonne utilisation par les délégués syndicaux : en cas d'utilisation d'heures de délégation supplémentaires pour circonstances exceptionnelles, l'employeur peut ainsi leur demander de justifier de leur utilisation avant de les payer. En cas de dépassement du crédit d’heures, non justifié de la part du salarié par des circonstances exceptionnelles, l’employeur peut également opérer une retenue sur salaire correspondant au dépassement, à condition de respecter la fraction saisissable du salaire (en ce sens, voir l’arrêt de la Cour de cassation du 10 juillet 2024). Les déplacementsLe délégué syndical peut rencontrer les salariés sur leur poste de travail, à condition de ne pas leur apporter de gêne importante, pendant ses heures de délégation ou en dehors de ses heures de travail. Il peut également se déplacer en dehors de l'entreprise, pendant ses heures de délégation, pour l'exercice de ses fonctions. Les délégués syndicaux sont tenus au secret professionnel pour toutes les questions relatives aux procédés de fabrication. Les moyens de la | Les délégués syndicaux
Chaque syndicat représentatif dans une entreprise ou un établissement d' au moins 50 salariés peut désigner un délégué syndical (DS) . Le délégué syndical exerce un rôle de représentation du syndicat auquel il appartient et de négociateur de conventions ou d'accords collectifs d'entreprise ou d'établissement . Il bénéficie d'une protection particulière en matière de licenciement .
temps de travail et payées à l'échéance normale. L'employeur qui entend contester l'utilisation faite des heures de délégation saisit le juge judiciaire; si sa demande est fondée, il pourra obtenir le remboursement des heures de délégation indûment payées (en ce sens, voir, par exemple, l'arrêt de la Cour de cassation du 16 février 2022). Les heures prises en dehors du volume légal ou conventionnel ne bénéficient pas de cette présomption de bonne utilisation par les délégués syndicaux : en cas d'utilisation d'heures de délégation supplémentaires pour circonstances exceptionnelles, l'employeur peut ainsi leur demander de justifier de leur utilisation avant de les payer. En cas de dépassement du crédit d’heures, non justifié de la part du salarié par des circonstances exceptionnelles, l’employeur peut également opérer une retenue sur salaire correspondant au dépassement, à condition de respecter la fraction saisissable du salaire (en ce sens, voir l’arrêt de la Cour de cassation du 10 juillet 2024). Les déplacementsLe délégué syndical peut rencontrer les salariés sur leur poste de travail, à condition de ne pas leur apporter de gêne importante, pendant ses heures de délégation ou en dehors de ses heures de travail. Il peut également se déplacer en dehors de l'entreprise, pendant ses heures de délégation, pour l'exercice de ses fonctions. Les délégués syndicaux sont tenus au secret professionnel pour toutes les questions relatives aux procédés de fabrication. Les moyens de la | 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61646630383034663464636536396266 | article375542 | 23 | Les délégués syndicaux | Travail-Emploi | travail-emploi | Chaque syndicat représentatif dans une entreprise ou un établissement d' au moins 50 salariés peut désigner un délégué syndical (DS) . Le délégué syndical exerce un rôle de représentation du syndicat auquel il appartient et de négociateur de conventions ou d'accords collectifs d'entreprise ou d'établissement . Il bénéficie d'une protection particulière en matière de licenciement . | 19/02/2025 | https://travail-emploi.gouv.fr/les-delegues-syndicaux | [
"L'action des syndicats en vidéo (Web série droit du travail)"
] | Les moyens de la section syndicaleLa section syndicale dispose par ailleurs :D'un panneau d'affichage dans l'établissement, distinct de celui affecté aux communications du CSE ;Du droit d'organiser des réunions (entre adhérents ou avec une personnalité extérieure à l'entreprise, syndicale ou non) dans l'enceinte de l'entreprise, en dehors du temps de travail ;De la faculté de diffuser librement les publications et tracts syndicaux, dans l'enceinte de l'entreprise, aux heures d'entrée et de sortie du travail ;De la possibilité, dans des conditions définies par accord d'entreprise, de diffuser ses publications et tracts de nature syndicale sur un site mis en place sur l'intranet de l'entreprise ou sur la messagerie électronique de l'entreprise. Sur ce point, on signalera que, selon la Cour de cassation (arrêt du 21 septembre 2011), « en vertu des articles L. 2142-3 à L. 2142-7 du Code du travail, l'affichage et la diffusion des communications syndicales à l'intérieur de l'entreprise sont liés à la constitution par les organisations syndicales d'une section syndicale, laquelle n'est pas subordonnée à une condition de représentativité ; que, dès lors, les dispositions d'une convention ou d'un accord collectif visant à faciliter la communication des organisations syndicales ne peuvent, sans porter atteinte au principe d'égalité, être limitées aux seuls syndicats représentatifs et doivent bénéficier à tous les syndicats qui ont constitué une section syndicale ». Chaque section | Les délégués syndicaux
Chaque syndicat représentatif dans une entreprise ou un établissement d' au moins 50 salariés peut désigner un délégué syndical (DS) . Le délégué syndical exerce un rôle de représentation du syndicat auquel il appartient et de négociateur de conventions ou d'accords collectifs d'entreprise ou d'établissement . Il bénéficie d'une protection particulière en matière de licenciement .
Les moyens de la section syndicaleLa section syndicale dispose par ailleurs :D'un panneau d'affichage dans l'établissement, distinct de celui affecté aux communications du CSE ;Du droit d'organiser des réunions (entre adhérents ou avec une personnalité extérieure à l'entreprise, syndicale ou non) dans l'enceinte de l'entreprise, en dehors du temps de travail ;De la faculté de diffuser librement les publications et tracts syndicaux, dans l'enceinte de l'entreprise, aux heures d'entrée et de sortie du travail ;De la possibilité, dans des conditions définies par accord d'entreprise, de diffuser ses publications et tracts de nature syndicale sur un site mis en place sur l'intranet de l'entreprise ou sur la messagerie électronique de l'entreprise. Sur ce point, on signalera que, selon la Cour de cassation (arrêt du 21 septembre 2011), « en vertu des articles L. 2142-3 à L. 2142-7 du Code du travail, l'affichage et la diffusion des communications syndicales à l'intérieur de l'entreprise sont liés à la constitution par les organisations syndicales d'une section syndicale, laquelle n'est pas subordonnée à une condition de représentativité ; que, dès lors, les dispositions d'une convention ou d'un accord collectif visant à faciliter la communication des organisations syndicales ne peuvent, sans porter atteinte au principe d'égalité, être limitées aux seuls syndicats représentatifs et doivent bénéficier à tous les syndicats qui ont constitué une section syndicale ». Chaque section | 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66326261373430623638373366623066 | article100977 | 8 | La période d'essai | Travail-Emploi | travail-emploi | La période d'essai permet à l'employeur d'évaluer les compétences du salarié dans son travail, notamment au regard de son expérience, et au salarié d'apprécier si les fonctions occupées lui conviennent. La période d’essai constitue ainsi une première phase du contrat de travail qui : n’est pas obligatoire ; doit, pour exister, être prévue dans le contrat de travail ou la lettre d’engagement ; a une durée maximale fixée par le Code du travail, les conventions collectives ou le contrat de travail, avec, dans certains cas (CDD, VRP...), application de règles particulières ; peut, sauf abus, être rompue librement sous réserve du respect d’un délai de prévenance. Au terme de la période d’essai, le salarié est définitivement embauché. | 19/05/2025 | https://travail-emploi.gouv.fr/la-periode-dessai | [
"La période d’essai peut-elle être rompue ?"
] | apprécier la valeur professionnelle du salarié. De manière générale, comme le rappelle la Cour de cassation, « la période d'essai étant destinée à permettre à l'employeur d'apprécier la valeur professionnelle du salarié, est abusive sa rupture motivée par des considérations non inhérentes à la personne du salarié » (voir, par exemple, l’arrêt de la Cour de cassation du 15 décembre 2010).Qui contacter ? Inspection du travailReprésentants du personnelTextes de référence Articles L. 1221-19 à L. 1221-26, L. 1231-1, L. 1242-10 et L. 1242-11, L. 1251-14 et L. 1251-15 et L. 7313-5 du Code du travailServices en ligne Quelle est la durée maximale de la période d'essai, sans et avec renouvellement ? (Code du travail numérique)Modèles de documents Rupture du contrat en période d’essai par le salarié (Code du travail numérique)Demande d’accord du salarié pour le renouvellement d’une période d’essai (Code du travail numérique)Rupture de période d’essai par l’employeur (Code du travail numérique)À lire sur ce site Le CDD conclu avant un CDI réduit la durée de la période d'essai Lors d'une embauche en CDI après un ou plusieurs CDD pour le même employeur, la durée est déduite de la période d’essai. Arrêt Publié le 4 octobre 2024 Le contrat de travail à durée indéterminée (CDI) Le contrat de travail à durée indéterminée (CDI) est la forme normale et générale de la relation de travail. Par définition, il... Fiche pratique Date de mise à jour le 27 mai 2024 Le contrat à durée | La période d'essai
La période d'essai permet à l'employeur d'évaluer les compétences du salarié dans son travail, notamment au regard de son expérience, et au salarié d'apprécier si les fonctions occupées lui conviennent. La période d’essai constitue ainsi une première phase du contrat de travail qui : n’est pas obligatoire ; doit, pour exister, être prévue dans le contrat de travail ou la lettre d’engagement ; a une durée maximale fixée par le Code du travail, les conventions collectives ou le contrat de travail, avec, dans certains cas (CDD, VRP...), application de règles particulières ; peut, sauf abus, être rompue librement sous réserve du respect d’un délai de prévenance. Au terme de la période d’essai, le salarié est définitivement embauché.
apprécier la valeur professionnelle du salarié. De manière générale, comme le rappelle la Cour de cassation, « la période d'essai étant destinée à permettre à l'employeur d'apprécier la valeur professionnelle du salarié, est abusive sa rupture motivée par des considérations non inhérentes à la personne du salarié » (voir, par exemple, l’arrêt de la Cour de cassation du 15 décembre 2010).Qui contacter ? Inspection du travailReprésentants du personnelTextes de référence Articles L. 1221-19 à L. 1221-26, L. 1231-1, L. 1242-10 et L. 1242-11, L. 1251-14 et L. 1251-15 et L. 7313-5 du Code du travailServices en ligne Quelle est la durée maximale de la période d'essai, sans et avec renouvellement ? (Code du travail numérique)Modèles de documents Rupture du contrat en période d’essai par le salarié (Code du travail numérique)Demande d’accord du salarié pour le renouvellement d’une période d’essai (Code du travail numérique)Rupture de période d’essai par l’employeur (Code du travail numérique)À lire sur ce site Le CDD conclu avant un CDI réduit la durée de la période d'essai Lors d'une embauche en CDI après un ou plusieurs CDD pour le même employeur, la durée est déduite de la période d’essai. Arrêt Publié le 4 octobre 2024 Le contrat de travail à durée indéterminée (CDI) Le contrat de travail à durée indéterminée (CDI) est la forme normale et générale de la relation de travail. Par définition, il... Fiche pratique Date de mise à jour le 27 mai 2024 Le contrat à durée | 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36643933333638633061376131303864 | article375542 | 24 | Les délégués syndicaux | Travail-Emploi | travail-emploi | Chaque syndicat représentatif dans une entreprise ou un établissement d' au moins 50 salariés peut désigner un délégué syndical (DS) . Le délégué syndical exerce un rôle de représentation du syndicat auquel il appartient et de négociateur de conventions ou d'accords collectifs d'entreprise ou d'établissement . Il bénéficie d'une protection particulière en matière de licenciement . | 19/02/2025 | https://travail-emploi.gouv.fr/les-delegues-syndicaux | [
"L'action des syndicats en vidéo (Web série droit du travail)"
] | ». Chaque section syndicale dispose, au profit de son ou ses délégués syndicaux et des salariés de l'entreprise appelés à négocier la convention ou l'accord d'entreprise, en vue de la préparation de la négociation de cette convention ou de cet accord, d'un crédit global supplémentaire dans la limite d'une durée qui ne peut excéder :12 heures par an dans les entreprises d'au moins 500 salariés ;18 heures par an dans celles d'au moins 1 000 salariés. En outre :Dans les entreprises ou établissements d'au moins 200 salariés, l'employeur met à la disposition des sections syndicales un local commun convenant à l'exercice de la mission de leurs délégués ;Dans les entreprises ou établissements d'au moins 1 000 salariés, l'employeur met à la disposition de chaque section syndicale constituée par une organisation syndicale représentative dans l'entreprise ou l'établissement un local convenable, aménagé et doté du matériel nécessaire à son fonctionnement. De quelles garanties les délégués syndicaux bénéficient-ils ? Protection contre le licenciement et autres ruptures à l'initiative de l'employeurLes délégués syndicaux ne peuvent être licenciés, ou voir leur contrat de travail être rompu à l'initiative de l'employeur, sans l'autorisation de l'inspecteur du travail : sur cette question, on se reportera aux informations mises en ligne sur notre site. Cette protection bénéfice aussi pendant 12 mois aux anciens délégués syndicaux ayant exercé leur fonction durant au moins un an. Pour plus | Les délégués syndicaux
Chaque syndicat représentatif dans une entreprise ou un établissement d' au moins 50 salariés peut désigner un délégué syndical (DS) . Le délégué syndical exerce un rôle de représentation du syndicat auquel il appartient et de négociateur de conventions ou d'accords collectifs d'entreprise ou d'établissement . Il bénéficie d'une protection particulière en matière de licenciement .
». Chaque section syndicale dispose, au profit de son ou ses délégués syndicaux et des salariés de l'entreprise appelés à négocier la convention ou l'accord d'entreprise, en vue de la préparation de la négociation de cette convention ou de cet accord, d'un crédit global supplémentaire dans la limite d'une durée qui ne peut excéder :12 heures par an dans les entreprises d'au moins 500 salariés ;18 heures par an dans celles d'au moins 1 000 salariés. En outre :Dans les entreprises ou établissements d'au moins 200 salariés, l'employeur met à la disposition des sections syndicales un local commun convenant à l'exercice de la mission de leurs délégués ;Dans les entreprises ou établissements d'au moins 1 000 salariés, l'employeur met à la disposition de chaque section syndicale constituée par une organisation syndicale représentative dans l'entreprise ou l'établissement un local convenable, aménagé et doté du matériel nécessaire à son fonctionnement. De quelles garanties les délégués syndicaux bénéficient-ils ? Protection contre le licenciement et autres ruptures à l'initiative de l'employeurLes délégués syndicaux ne peuvent être licenciés, ou voir leur contrat de travail être rompu à l'initiative de l'employeur, sans l'autorisation de l'inspecteur du travail : sur cette question, on se reportera aux informations mises en ligne sur notre site. Cette protection bénéfice aussi pendant 12 mois aux anciens délégués syndicaux ayant exercé leur fonction durant au moins un an. Pour plus | 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32383465366338373463656638623739 | article375542 | 25 | Les délégués syndicaux | Travail-Emploi | travail-emploi | Chaque syndicat représentatif dans une entreprise ou un établissement d' au moins 50 salariés peut désigner un délégué syndical (DS) . Le délégué syndical exerce un rôle de représentation du syndicat auquel il appartient et de négociateur de conventions ou d'accords collectifs d'entreprise ou d'établissement . Il bénéficie d'une protection particulière en matière de licenciement . | 19/02/2025 | https://travail-emploi.gouv.fr/les-delegues-syndicaux | [
"L'action des syndicats en vidéo (Web série droit du travail)"
] | un an. Pour plus de précisions sur cette question, on se reportera aux informations diffusées sur notre site. Par ailleurs, le Code du travail prévoit qu'aucune limitation ne peut être apportée à l'exercice du droit syndical. Toute entrave peut être pénalement sanctionnée. Les délégués syndicaux bénéficient également, comme d'autres salariés investis d'un mandat électif ou syndical, d'une protection contre les discriminations. Garantie d'évolution de la rémunérationEn l'absence d'accord collectif de branche ou d'entreprise déterminant des garanties d'évolution de la rémunération au moins aussi favorables que celles mentionnées ici, les délégués syndicaux bénéficient d'une évolution de rémunération au moins égale, sur l'ensemble de la durée de leur mandat, aux augmentations générales et à la moyenne des augmentations individuelles perçues pendant cette période par les salariés relevant de la même catégorie professionnelle et dont l'ancienneté est comparable ou, à défaut de tels salariés, aux augmentations générales et à la moyenne des augmentations individuelles perçues dans l'entreprise. Ces dispositions sont applicables :Aux délégués syndicaux, aux représentants de la section syndicale, ainsi qu'aux autres salariés mentionnés aux 2° à 7° de l'article L. 2411-1 du Code du travail, et à l'article L. 2411-2 du même Code ;Dès lors que le nombre d'heures de délégation dont ils disposent sur l'année dépasse 30 % de la durée de travail fixée dans leur contrat de travail ou, à | Les délégués syndicaux
Chaque syndicat représentatif dans une entreprise ou un établissement d' au moins 50 salariés peut désigner un délégué syndical (DS) . Le délégué syndical exerce un rôle de représentation du syndicat auquel il appartient et de négociateur de conventions ou d'accords collectifs d'entreprise ou d'établissement . Il bénéficie d'une protection particulière en matière de licenciement .
un an. Pour plus de précisions sur cette question, on se reportera aux informations diffusées sur notre site. Par ailleurs, le Code du travail prévoit qu'aucune limitation ne peut être apportée à l'exercice du droit syndical. Toute entrave peut être pénalement sanctionnée. Les délégués syndicaux bénéficient également, comme d'autres salariés investis d'un mandat électif ou syndical, d'une protection contre les discriminations. Garantie d'évolution de la rémunérationEn l'absence d'accord collectif de branche ou d'entreprise déterminant des garanties d'évolution de la rémunération au moins aussi favorables que celles mentionnées ici, les délégués syndicaux bénéficient d'une évolution de rémunération au moins égale, sur l'ensemble de la durée de leur mandat, aux augmentations générales et à la moyenne des augmentations individuelles perçues pendant cette période par les salariés relevant de la même catégorie professionnelle et dont l'ancienneté est comparable ou, à défaut de tels salariés, aux augmentations générales et à la moyenne des augmentations individuelles perçues dans l'entreprise. Ces dispositions sont applicables :Aux délégués syndicaux, aux représentants de la section syndicale, ainsi qu'aux autres salariés mentionnés aux 2° à 7° de l'article L. 2411-1 du Code du travail, et à l'article L. 2411-2 du même Code ;Dès lors que le nombre d'heures de délégation dont ils disposent sur l'année dépasse 30 % de la durée de travail fixée dans leur contrat de travail ou, à | 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36393365643932363230306263383030 | article375542 | 26 | Les délégués syndicaux | Travail-Emploi | travail-emploi | Chaque syndicat représentatif dans une entreprise ou un établissement d' au moins 50 salariés peut désigner un délégué syndical (DS) . Le délégué syndical exerce un rôle de représentation du syndicat auquel il appartient et de négociateur de conventions ou d'accords collectifs d'entreprise ou d'établissement . Il bénéficie d'une protection particulière en matière de licenciement . | 19/02/2025 | https://travail-emploi.gouv.fr/les-delegues-syndicaux | [
"L'action des syndicats en vidéo (Web série droit du travail)"
] | de travail ou, à défaut, de la durée applicable dans l'établissement. Pour une illustration des conditions de mise en œuvre de ces dispositions, et de leurs conséquences, on se reportera à l'arrêt de la Cour de cassation du 20 décembre 2023.Textes de référence Articles L. 2143-1 à L. 2143-22, L. 2146-1, L. 2146-2, R. 2143-1 à R. 2143-3, D. 2143-4, R. 2143-5 et R. 2143-6 du Code du travailLire en complément La protection en cas de licenciementLes règles de décompte des effectifsLa modification du contrat de travailLa saisie et la cession des rémunérations | Les délégués syndicaux
Chaque syndicat représentatif dans une entreprise ou un établissement d' au moins 50 salariés peut désigner un délégué syndical (DS) . Le délégué syndical exerce un rôle de représentation du syndicat auquel il appartient et de négociateur de conventions ou d'accords collectifs d'entreprise ou d'établissement . Il bénéficie d'une protection particulière en matière de licenciement .
de travail ou, à défaut, de la durée applicable dans l'établissement. Pour une illustration des conditions de mise en œuvre de ces dispositions, et de leurs conséquences, on se reportera à l'arrêt de la Cour de cassation du 20 décembre 2023.Textes de référence Articles L. 2143-1 à L. 2143-22, L. 2146-1, L. 2146-2, R. 2143-1 à R. 2143-3, D. 2143-4, R. 2143-5 et R. 2143-6 du Code du travailLire en complément La protection en cas de licenciementLes règles de décompte des effectifsLa modification du contrat de travailLa saisie et la cession des rémunérations | 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63333434396239626133646130323763 | article375542 | 27 | Les délégués syndicaux | Travail-Emploi | travail-emploi | Chaque syndicat représentatif dans une entreprise ou un établissement d' au moins 50 salariés peut désigner un délégué syndical (DS) . Le délégué syndical exerce un rôle de représentation du syndicat auquel il appartient et de négociateur de conventions ou d'accords collectifs d'entreprise ou d'établissement . Il bénéficie d'une protection particulière en matière de licenciement . | 19/02/2025 | https://travail-emploi.gouv.fr/les-delegues-syndicaux | [
"Quelles sont les conditions de désignation des délégués syndicaux ?"
] | Chaque organisation syndicale représentative dans l'entreprise ou l'établissement d'au moins 50 salariés, qui constitue une section syndicale peut, lorsque les conditions précisées ci-dessus sont réunies, désigner un ou plusieurs délégués syndicaux pour la représenter auprès de l'employeur.L'existence de la section syndicale doit être établie au moment de la désignation des délégués syndicaux; il n'est pas exigé qu'elle soit préalable.Conditions d'âge et d'ancienneté du salarié désignéLe salarié désigné délégué syndical (DS) doit être âgé de 18 ans révolus, travailler dans l'entreprise depuis un an au moins (délai réduit à quatre mois en cas de création d'entreprise ou d'ouverture d'établissement) et n'avoir fait l'objet d'aucune interdiction, déchéance ou incapacité relative à ses droits civiques. Des dispositions conventionnelles peuvent prévoir des conditions d'âge ou d'ancienneté plus favorables.Dans les entreprises de travail temporaire, la condition d'ancienneté pour être désigné délégué syndical est fixée à 6 mois pour les salariés temporaires. Elle est appréciée en totalisant les périodes pendant lesquelles ces salariés ont été liés à ces entreprises par des contrats de mission au cours des 18 mois précédant la désignation du délégué syndical. Ce délai est réduit à 6 mois en cas de création d'entreprise ou d'ouverture d'établissement.Choix du salarié désignéL'organisation syndicale représentative dans l'entreprise ou l'établissement désigne le délégué syndical (ou les | Les délégués syndicaux
Chaque syndicat représentatif dans une entreprise ou un établissement d' au moins 50 salariés peut désigner un délégué syndical (DS) . Le délégué syndical exerce un rôle de représentation du syndicat auquel il appartient et de négociateur de conventions ou d'accords collectifs d'entreprise ou d'établissement . Il bénéficie d'une protection particulière en matière de licenciement .
Chaque organisation syndicale représentative dans l'entreprise ou l'établissement d'au moins 50 salariés, qui constitue une section syndicale peut, lorsque les conditions précisées ci-dessus sont réunies, désigner un ou plusieurs délégués syndicaux pour la représenter auprès de l'employeur.L'existence de la section syndicale doit être établie au moment de la désignation des délégués syndicaux; il n'est pas exigé qu'elle soit préalable.Conditions d'âge et d'ancienneté du salarié désignéLe salarié désigné délégué syndical (DS) doit être âgé de 18 ans révolus, travailler dans l'entreprise depuis un an au moins (délai réduit à quatre mois en cas de création d'entreprise ou d'ouverture d'établissement) et n'avoir fait l'objet d'aucune interdiction, déchéance ou incapacité relative à ses droits civiques. Des dispositions conventionnelles peuvent prévoir des conditions d'âge ou d'ancienneté plus favorables.Dans les entreprises de travail temporaire, la condition d'ancienneté pour être désigné délégué syndical est fixée à 6 mois pour les salariés temporaires. Elle est appréciée en totalisant les périodes pendant lesquelles ces salariés ont été liés à ces entreprises par des contrats de mission au cours des 18 mois précédant la désignation du délégué syndical. Ce délai est réduit à 6 mois en cas de création d'entreprise ou d'ouverture d'établissement.Choix du salarié désignéL'organisation syndicale représentative dans l'entreprise ou l'établissement désigne le délégué syndical (ou les | 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30643062623562393964336666356134 | article375542 | 32 | Les délégués syndicaux | Travail-Emploi | travail-emploi | Chaque syndicat représentatif dans une entreprise ou un établissement d' au moins 50 salariés peut désigner un délégué syndical (DS) . Le délégué syndical exerce un rôle de représentation du syndicat auquel il appartient et de négociateur de conventions ou d'accords collectifs d'entreprise ou d'établissement . Il bénéficie d'une protection particulière en matière de licenciement . | 19/02/2025 | https://travail-emploi.gouv.fr/les-delegues-syndicaux | [
"Quelles sont les conditions de désignation des délégués syndicaux ?"
] | moins de cinquante salariés, en qualité de délégué syndical. » En dehors de ces hypothèses, un membre suppléant de la délégation du personnel au CSE ne peut ainsi, dans les entreprises de moins de 50 salariés, être valablement désigné comme délégué syndical.FormalitésLes noms du ou des délégués syndicaux sont portés à la connaissance de l'employeur soit par lettre recommandée avec avis de réception, soit par lettre remise contre récépissé. Ils sont affichés sur des panneaux réservés aux communications syndicales. La lettre qui informe l'employeur doit mentionner le mandat confié au salarié (en l'espèce, délégué syndical) et le cadre (établissement, entreprise, UES) dans lequel cette désignation est effectuée.La copie de la communication adressée par le syndicat à l'employeur est adressée simultanément à l'agent de contrôle de l'inspection du travail.La même procédure est appliquée en cas de remplacement ou de cessation de fonctions du délégué.Les contestations relatives aux conditions de désignation des délégués syndicaux sont de la seule compétence du tribunal judiciaire (juridiction issue de la fusion des tribunaux d'instance et des tribunaux de grande instance), selon les modalités fixées par l'article L. 2143-8 et R. 2143-5 du Code du travail. | Les délégués syndicaux
Chaque syndicat représentatif dans une entreprise ou un établissement d' au moins 50 salariés peut désigner un délégué syndical (DS) . Le délégué syndical exerce un rôle de représentation du syndicat auquel il appartient et de négociateur de conventions ou d'accords collectifs d'entreprise ou d'établissement . Il bénéficie d'une protection particulière en matière de licenciement .
moins de cinquante salariés, en qualité de délégué syndical. » En dehors de ces hypothèses, un membre suppléant de la délégation du personnel au CSE ne peut ainsi, dans les entreprises de moins de 50 salariés, être valablement désigné comme délégué syndical.FormalitésLes noms du ou des délégués syndicaux sont portés à la connaissance de l'employeur soit par lettre recommandée avec avis de réception, soit par lettre remise contre récépissé. Ils sont affichés sur des panneaux réservés aux communications syndicales. La lettre qui informe l'employeur doit mentionner le mandat confié au salarié (en l'espèce, délégué syndical) et le cadre (établissement, entreprise, UES) dans lequel cette désignation est effectuée.La copie de la communication adressée par le syndicat à l'employeur est adressée simultanément à l'agent de contrôle de l'inspection du travail.La même procédure est appliquée en cas de remplacement ou de cessation de fonctions du délégué.Les contestations relatives aux conditions de désignation des délégués syndicaux sont de la seule compétence du tribunal judiciaire (juridiction issue de la fusion des tribunaux d'instance et des tribunaux de grande instance), selon les modalités fixées par l'article L. 2143-8 et R. 2143-5 du Code du travail. | 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61663036656633316631396361336634 | article375542 | 28 | Les délégués syndicaux | Travail-Emploi | travail-emploi | Chaque syndicat représentatif dans une entreprise ou un établissement d' au moins 50 salariés peut désigner un délégué syndical (DS) . Le délégué syndical exerce un rôle de représentation du syndicat auquel il appartient et de négociateur de conventions ou d'accords collectifs d'entreprise ou d'établissement . Il bénéficie d'une protection particulière en matière de licenciement . | 19/02/2025 | https://travail-emploi.gouv.fr/les-delegues-syndicaux | [
"Quelles sont les conditions de désignation des délégués syndicaux ?"
] | syndical (ou les délégués syndicaux) parmi les candidats aux élections professionnelles qui ont recueilli à titre personnel et dans leur collège au moins 10 % des suffrages exprimés au premier tour des dernières élections au comité social et économique, quel que soit le nombre de votants (art. L. 2143-3, al. 1 du Code du travail).Si aucun des candidats présentés par l'organisation syndicale aux élections professionnelles ne remplit les conditions mentionnées ci-dessus ou s'il ne reste, dans l'entreprise ou l'établissement, plus aucun candidat aux élections professionnelles qui remplit ces conditions, ou si l'ensemble des élus qui remplissent les conditions mentionnées ci-dessus renoncent par écrit à leur droit d'être désigné délégué syndical, l'organisation syndicale représentative peut utiliser une des solutions alternatives prévues par l'alinéa 2 de l'article L. 2143-3 précité et désigner ainsi un délégué syndical :Parmi les autres candidats ;Ou, à défaut, parmi ses adhérents au sein de l'entreprise ou de l'établissement ou parmi ses anciens élus ayant atteint la limite trois mandats successifs au comité social et économique (CSE ; limite fixée au deuxième alinéa de l'article L. 2314-33 du Code du travail). Appelée à se prononcer sur les conditions de désignation d'un délégué syndical, telles qu'elles résultent de l'article L. 2143-3 précité, la Cour de cassation a apporté les précisions suivantes (arrêt du 8 juillet 2020) : D'une part, s'il n'est pas exclu qu'un | Les délégués syndicaux
Chaque syndicat représentatif dans une entreprise ou un établissement d' au moins 50 salariés peut désigner un délégué syndical (DS) . Le délégué syndical exerce un rôle de représentation du syndicat auquel il appartient et de négociateur de conventions ou d'accords collectifs d'entreprise ou d'établissement . Il bénéficie d'une protection particulière en matière de licenciement .
syndical (ou les délégués syndicaux) parmi les candidats aux élections professionnelles qui ont recueilli à titre personnel et dans leur collège au moins 10 % des suffrages exprimés au premier tour des dernières élections au comité social et économique, quel que soit le nombre de votants (art. L. 2143-3, al. 1 du Code du travail).Si aucun des candidats présentés par l'organisation syndicale aux élections professionnelles ne remplit les conditions mentionnées ci-dessus ou s'il ne reste, dans l'entreprise ou l'établissement, plus aucun candidat aux élections professionnelles qui remplit ces conditions, ou si l'ensemble des élus qui remplissent les conditions mentionnées ci-dessus renoncent par écrit à leur droit d'être désigné délégué syndical, l'organisation syndicale représentative peut utiliser une des solutions alternatives prévues par l'alinéa 2 de l'article L. 2143-3 précité et désigner ainsi un délégué syndical :Parmi les autres candidats ;Ou, à défaut, parmi ses adhérents au sein de l'entreprise ou de l'établissement ou parmi ses anciens élus ayant atteint la limite trois mandats successifs au comité social et économique (CSE ; limite fixée au deuxième alinéa de l'article L. 2314-33 du Code du travail). Appelée à se prononcer sur les conditions de désignation d'un délégué syndical, telles qu'elles résultent de l'article L. 2143-3 précité, la Cour de cassation a apporté les précisions suivantes (arrêt du 8 juillet 2020) : D'une part, s'il n'est pas exclu qu'un | 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38323135346663656435643531313064 | article375542 | 29 | Les délégués syndicaux | Travail-Emploi | travail-emploi | Chaque syndicat représentatif dans une entreprise ou un établissement d' au moins 50 salariés peut désigner un délégué syndical (DS) . Le délégué syndical exerce un rôle de représentation du syndicat auquel il appartient et de négociateur de conventions ou d'accords collectifs d'entreprise ou d'établissement . Il bénéficie d'une protection particulière en matière de licenciement . | 19/02/2025 | https://travail-emploi.gouv.fr/les-delegues-syndicaux | [
"Quelles sont les conditions de désignation des délégués syndicaux ?"
] | pas exclu qu'un syndicat puisse désigner un salarié candidat sur la liste d'un autre syndicat, qui a obtenu au moins 10 % des voix et qui l'accepte librement, l'article L. 2143-3 n'exige pas de l'organisation syndicale qu'elle propose, préalablement à la désignation d'un délégué syndical en application de l'alinéa 2 de cet article, à l'ensemble des candidats ayant obtenu au moins 10 %, toutes listes syndicales confondues, d'être désigné délégué syndical. En d'autres termes, un syndicat, s'il n'a plus, sur sa liste, de candidats ayant obtenu au moins 10 % des suffrages, n'a pas l'obligation de proposer aux candidats des autres listes ayant obtenu ce score d'être désignés délégué syndical pour le représenter avant, le cas échéant, de faire usage d'une des solutions alternatives qui s'offrent à lui (par exemple, désigner un de ses adhérents) ;D'autre part, toujours en vertu du même article du Code du travail, lorsque tous les élus ou tous les candidats ayant obtenu au moins 10 % des voix que l'organisation syndicale a présentés aux dernières élections professionnelles ont renoncé à être désignés délégué syndical, celle-ci peut désigner comme délégué syndical l'un de ses adhérents au sein de l'entreprise ou de l'établissement (c'est-à-dire un salarié qui n'était pas présent sur la liste aux élections) ou l'un de ses anciens élus ayant atteint la limite de trois mandats successifs au CSE. En l'espèce, après que le précédent délégué syndical désigné par le syndicat ait | Les délégués syndicaux
Chaque syndicat représentatif dans une entreprise ou un établissement d' au moins 50 salariés peut désigner un délégué syndical (DS) . Le délégué syndical exerce un rôle de représentation du syndicat auquel il appartient et de négociateur de conventions ou d'accords collectifs d'entreprise ou d'établissement . Il bénéficie d'une protection particulière en matière de licenciement .
pas exclu qu'un syndicat puisse désigner un salarié candidat sur la liste d'un autre syndicat, qui a obtenu au moins 10 % des voix et qui l'accepte librement, l'article L. 2143-3 n'exige pas de l'organisation syndicale qu'elle propose, préalablement à la désignation d'un délégué syndical en application de l'alinéa 2 de cet article, à l'ensemble des candidats ayant obtenu au moins 10 %, toutes listes syndicales confondues, d'être désigné délégué syndical. En d'autres termes, un syndicat, s'il n'a plus, sur sa liste, de candidats ayant obtenu au moins 10 % des suffrages, n'a pas l'obligation de proposer aux candidats des autres listes ayant obtenu ce score d'être désignés délégué syndical pour le représenter avant, le cas échéant, de faire usage d'une des solutions alternatives qui s'offrent à lui (par exemple, désigner un de ses adhérents) ;D'autre part, toujours en vertu du même article du Code du travail, lorsque tous les élus ou tous les candidats ayant obtenu au moins 10 % des voix que l'organisation syndicale a présentés aux dernières élections professionnelles ont renoncé à être désignés délégué syndical, celle-ci peut désigner comme délégué syndical l'un de ses adhérents au sein de l'entreprise ou de l'établissement (c'est-à-dire un salarié qui n'était pas présent sur la liste aux élections) ou l'un de ses anciens élus ayant atteint la limite de trois mandats successifs au CSE. En l'espèce, après que le précédent délégué syndical désigné par le syndicat ait | 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39393433336433373531653033343832 | article375542 | 30 | Les délégués syndicaux | Travail-Emploi | travail-emploi | Chaque syndicat représentatif dans une entreprise ou un établissement d' au moins 50 salariés peut désigner un délégué syndical (DS) . Le délégué syndical exerce un rôle de représentation du syndicat auquel il appartient et de négociateur de conventions ou d'accords collectifs d'entreprise ou d'établissement . Il bénéficie d'une protection particulière en matière de licenciement . | 19/02/2025 | https://travail-emploi.gouv.fr/les-delegues-syndicaux | [
"Quelles sont les conditions de désignation des délégués syndicaux ?"
] | par le syndicat ait démissionné de ses fonctions et que les autres candidats de la liste du syndicat aient renoncé à exercer les fonctions de délégué syndical, le syndicat avait désigné l'un de ses adhérents en qualité de délégué syndical : désignation contestée par l'employeur, mais considérée comme valable par les juges.Les salariés appelés à exercer des responsabilités syndicales bénéficient du congé de formation économique, sociale, environnementale et syndicale. Comme le précise la Cour de cassation dans un arrêt du 12 juin 2024 auquel on se reportera, pour les salariés appelés à exercer des fonctions syndicales (par exemple, un délégué syndical), l'article L. 2145-1 du code du travail est applicable, fixant à 18 jours la durée totale maximale des congés pris à ce titre dans l'année par un salarié ; cette disposition est propre aux salariés appelés à exercer des fonctions syndicales, auxquels les dispositions de l'article L. 2145-7 du Code du travail ne sont donc pas applicables ;Au début de son mandat, le délégué syndical (mais également le représentant du personnel titulaire ou le titulaire d'un mandat syndical) bénéficie, à sa demande, d'un entretien individuel avec son employeur.Condition d'effectifLes DS sont désignés dans l'entreprise ou l'établissement d'au moins 50 salariés. La désignation peut intervenir lorsque l'effectif d'au moins 50 salariés a été atteint pendant 12 mois consécutifs. Les effectifs sont calculés conformément aux dispositions prévues par le | Les délégués syndicaux
Chaque syndicat représentatif dans une entreprise ou un établissement d' au moins 50 salariés peut désigner un délégué syndical (DS) . Le délégué syndical exerce un rôle de représentation du syndicat auquel il appartient et de négociateur de conventions ou d'accords collectifs d'entreprise ou d'établissement . Il bénéficie d'une protection particulière en matière de licenciement .
par le syndicat ait démissionné de ses fonctions et que les autres candidats de la liste du syndicat aient renoncé à exercer les fonctions de délégué syndical, le syndicat avait désigné l'un de ses adhérents en qualité de délégué syndical : désignation contestée par l'employeur, mais considérée comme valable par les juges.Les salariés appelés à exercer des responsabilités syndicales bénéficient du congé de formation économique, sociale, environnementale et syndicale. Comme le précise la Cour de cassation dans un arrêt du 12 juin 2024 auquel on se reportera, pour les salariés appelés à exercer des fonctions syndicales (par exemple, un délégué syndical), l'article L. 2145-1 du code du travail est applicable, fixant à 18 jours la durée totale maximale des congés pris à ce titre dans l'année par un salarié ; cette disposition est propre aux salariés appelés à exercer des fonctions syndicales, auxquels les dispositions de l'article L. 2145-7 du Code du travail ne sont donc pas applicables ;Au début de son mandat, le délégué syndical (mais également le représentant du personnel titulaire ou le titulaire d'un mandat syndical) bénéficie, à sa demande, d'un entretien individuel avec son employeur.Condition d'effectifLes DS sont désignés dans l'entreprise ou l'établissement d'au moins 50 salariés. La désignation peut intervenir lorsque l'effectif d'au moins 50 salariés a été atteint pendant 12 mois consécutifs. Les effectifs sont calculés conformément aux dispositions prévues par le | 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37373333366433656166323232363038 | article375542 | 31 | Les délégués syndicaux | Travail-Emploi | travail-emploi | Chaque syndicat représentatif dans une entreprise ou un établissement d' au moins 50 salariés peut désigner un délégué syndical (DS) . Le délégué syndical exerce un rôle de représentation du syndicat auquel il appartient et de négociateur de conventions ou d'accords collectifs d'entreprise ou d'établissement . Il bénéficie d'une protection particulière en matière de licenciement . | 19/02/2025 | https://travail-emploi.gouv.fr/les-delegues-syndicaux | [
"Quelles sont les conditions de désignation des délégués syndicaux ?"
] | prévues par le Code du travail. Cette désignation peut intervenir au sein de l'établissement regroupant des salariés placés sous la direction d'un représentant de l'employeur et constituant une communauté de travail ayant des intérêts propres, susceptibles de générer des revendications communes et spécifiques.Dans les établissements de moins de 50 salariés, les syndicats représentatifs dans l'établissement peuvent désigner, pour la durée de son mandat, un membre (en principe, un titulaire, voir précisions ci-dessous) de la délégation du personnel au CSE, comme délégué syndical. Sauf disposition conventionnelle, ce mandat n'ouvre pas droit à un crédit d'heures. Le temps dont dispose le membre de la délégation du personnel au CSE pour l'exercice de son mandat peut être utilisé dans les mêmes conditions pour l'exercice de ses fonctions de délégué syndical. Comme le précise la Cour de cassation dans un arrêt du 23 mars 2022, « seul un membre suppléant du comité social et économique disposant d'un crédit d'heures de délégation en application, soit des dispositions de l'article L. 2315-9 du Code du travail, soit des clauses du protocole préélectoral tel que prévu à l'article L. 2314-7 du même Code, soit du fait qu'il remplace momentanément un membre titulaire en application des dispositions de l'article L. 2314-37 de ce code, soit enfin en application d'un accord collectif dérogatoire au sens de l'article L. 2315-2, peut être désigné, dans les entreprises de moins de cinquante | Les délégués syndicaux
Chaque syndicat représentatif dans une entreprise ou un établissement d' au moins 50 salariés peut désigner un délégué syndical (DS) . Le délégué syndical exerce un rôle de représentation du syndicat auquel il appartient et de négociateur de conventions ou d'accords collectifs d'entreprise ou d'établissement . Il bénéficie d'une protection particulière en matière de licenciement .
prévues par le Code du travail. Cette désignation peut intervenir au sein de l'établissement regroupant des salariés placés sous la direction d'un représentant de l'employeur et constituant une communauté de travail ayant des intérêts propres, susceptibles de générer des revendications communes et spécifiques.Dans les établissements de moins de 50 salariés, les syndicats représentatifs dans l'établissement peuvent désigner, pour la durée de son mandat, un membre (en principe, un titulaire, voir précisions ci-dessous) de la délégation du personnel au CSE, comme délégué syndical. Sauf disposition conventionnelle, ce mandat n'ouvre pas droit à un crédit d'heures. Le temps dont dispose le membre de la délégation du personnel au CSE pour l'exercice de son mandat peut être utilisé dans les mêmes conditions pour l'exercice de ses fonctions de délégué syndical. Comme le précise la Cour de cassation dans un arrêt du 23 mars 2022, « seul un membre suppléant du comité social et économique disposant d'un crédit d'heures de délégation en application, soit des dispositions de l'article L. 2315-9 du Code du travail, soit des clauses du protocole préélectoral tel que prévu à l'article L. 2314-7 du même Code, soit du fait qu'il remplace momentanément un membre titulaire en application des dispositions de l'article L. 2314-37 de ce code, soit enfin en application d'un accord collectif dérogatoire au sens de l'article L. 2315-2, peut être désigné, dans les entreprises de moins de cinquante | 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31386136363139333765653336373334 | article100979 | 7 | Le contrat à durée déterminée (CDD) | Travail-Emploi | travail-emploi | Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise . | 16/04/2025 | https://travail-emploi.gouv.fr/le-contrat-duree-determinee-cdd | [
"Le contrat à durée déterminée (CDD) en vidéo (web série droit du travail)"
] | au plus tard dans les deux jours ouvrables suivant l'embauche, autrement, à compter de la date de prise de fonction effective. Le non respect des dispositions relatives à la conclusion du CDD est susceptible d'être sanctionné. Débutons par les sanctions civiles. La méconnaissance d'un certain nombre de règles régissant le CDD, nous l'avons vu, expose l'employeur à voir ce contrat être requalifié en CDI par le juge prud'homal au terme d'une procédure accélérée. Sont concernées les règles relatives aux motifs de recours, d'une part, et celles au formalisme du contrat, d'autre part. Sur le plan pénal, l'employeur s'expose à des poursuites devantles juridictions répressives s'il méconnaît les règles essentielles des CDD, comme les cas de recours, la durée, le renouvellement ou le terme du contrat. Le tribunal correctionnel peut prononcer une peine d'amende, voire d'emprisonnement en cas de récidive. Nous arrivons au terme de cette vidéo et il y a donc trois points à retenir. Tout d'abord, le CDD est un contrat d'exception. Il n'est possible d'y avoir recours que pour des motifs précis limitativement énumérés. Ensuite, le CDD obéit à un formalisme strict. Et enfin, le non-respect des dispositions en matière de CDD expose l'employeur à des sanctions civiles ou pénales. Vous avez apprécié ce contenu et la pratique du droit du travail vous intéresse ? Découvrez le métier d'inspecteur du travail, un métier de terrain qui vous permettra de mettre en pratique vos connaissances sur | Le contrat à durée déterminée (CDD)
Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise .
au plus tard dans les deux jours ouvrables suivant l'embauche, autrement, à compter de la date de prise de fonction effective. Le non respect des dispositions relatives à la conclusion du CDD est susceptible d'être sanctionné. Débutons par les sanctions civiles. La méconnaissance d'un certain nombre de règles régissant le CDD, nous l'avons vu, expose l'employeur à voir ce contrat être requalifié en CDI par le juge prud'homal au terme d'une procédure accélérée. Sont concernées les règles relatives aux motifs de recours, d'une part, et celles au formalisme du contrat, d'autre part. Sur le plan pénal, l'employeur s'expose à des poursuites devantles juridictions répressives s'il méconnaît les règles essentielles des CDD, comme les cas de recours, la durée, le renouvellement ou le terme du contrat. Le tribunal correctionnel peut prononcer une peine d'amende, voire d'emprisonnement en cas de récidive. Nous arrivons au terme de cette vidéo et il y a donc trois points à retenir. Tout d'abord, le CDD est un contrat d'exception. Il n'est possible d'y avoir recours que pour des motifs précis limitativement énumérés. Ensuite, le CDD obéit à un formalisme strict. Et enfin, le non-respect des dispositions en matière de CDD expose l'employeur à des sanctions civiles ou pénales. Vous avez apprécié ce contenu et la pratique du droit du travail vous intéresse ? Découvrez le métier d'inspecteur du travail, un métier de terrain qui vous permettra de mettre en pratique vos connaissances sur | 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65373034663831366335386339613733 | article375542 | 33 | Les délégués syndicaux | Travail-Emploi | travail-emploi | Chaque syndicat représentatif dans une entreprise ou un établissement d' au moins 50 salariés peut désigner un délégué syndical (DS) . Le délégué syndical exerce un rôle de représentation du syndicat auquel il appartient et de négociateur de conventions ou d'accords collectifs d'entreprise ou d'établissement . Il bénéficie d'une protection particulière en matière de licenciement . | 19/02/2025 | https://travail-emploi.gouv.fr/les-delegues-syndicaux | [
"Quel est le nombre de délégués syndicaux ?"
] | Cas généralLe nombre des délégués syndicaux dont dispose chaque section syndicale est fixé soit par entreprise, soit par établissement distinct.Dans les entreprises, le nombre des délégués syndicaux est fixé comme suit :De 50 à 999 salariés : 1 délégué ;De 1 000 à 1 999 salariés : 2 délégués ;De 2 000 à 3 999 salariés : 3 délégués ;De 4 000 à 9 999 salariés : 4 délégués ;Au-delà de 9 999 salariés : 5 délégués.Dans les entreprises comportant des établissements distincts d'au moins 50 salariés, le nombre des délégués syndicaux est fixé par établissement conformément aux dispositions mentionnées ci-dessus.Délégué syndical supplémentaireDans les entreprises d'au moins 500 salariés, tout syndicat représentatif dans l'entreprise peut désigner un délégué syndical supplémentaire s'il a obtenu un ou plusieurs élus dans le collège des ouvriers et employés lors de l'élection du CSE et s'il compte au moins un élu dans l'un des deux autres collèges. Ce délégué supplémentaire est désigné parmi les candidats aux élections professionnelles qui ont recueilli sur leur nom et dans leur collège au moins 10 % des suffrages exprimés au premier tour des dernières élections au CSE, quel que soit le nombre de votants. Ces dispositions sont d’interprétation stricte de sorte que la désignation d’un salarié en qualité de délégué syndical supplémentaire devra être annulée dès lors qu’il ne respecte pas les conditions ainsi fixées par le Code du travail (voir par exemple l’arrêt de la Cour de cassation du | Les délégués syndicaux
Chaque syndicat représentatif dans une entreprise ou un établissement d' au moins 50 salariés peut désigner un délégué syndical (DS) . Le délégué syndical exerce un rôle de représentation du syndicat auquel il appartient et de négociateur de conventions ou d'accords collectifs d'entreprise ou d'établissement . Il bénéficie d'une protection particulière en matière de licenciement .
Cas généralLe nombre des délégués syndicaux dont dispose chaque section syndicale est fixé soit par entreprise, soit par établissement distinct.Dans les entreprises, le nombre des délégués syndicaux est fixé comme suit :De 50 à 999 salariés : 1 délégué ;De 1 000 à 1 999 salariés : 2 délégués ;De 2 000 à 3 999 salariés : 3 délégués ;De 4 000 à 9 999 salariés : 4 délégués ;Au-delà de 9 999 salariés : 5 délégués.Dans les entreprises comportant des établissements distincts d'au moins 50 salariés, le nombre des délégués syndicaux est fixé par établissement conformément aux dispositions mentionnées ci-dessus.Délégué syndical supplémentaireDans les entreprises d'au moins 500 salariés, tout syndicat représentatif dans l'entreprise peut désigner un délégué syndical supplémentaire s'il a obtenu un ou plusieurs élus dans le collège des ouvriers et employés lors de l'élection du CSE et s'il compte au moins un élu dans l'un des deux autres collèges. Ce délégué supplémentaire est désigné parmi les candidats aux élections professionnelles qui ont recueilli sur leur nom et dans leur collège au moins 10 % des suffrages exprimés au premier tour des dernières élections au CSE, quel que soit le nombre de votants. Ces dispositions sont d’interprétation stricte de sorte que la désignation d’un salarié en qualité de délégué syndical supplémentaire devra être annulée dès lors qu’il ne respecte pas les conditions ainsi fixées par le Code du travail (voir par exemple l’arrêt de la Cour de cassation du | 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63396339353165323839313839353331 | article375542 | 34 | Les délégués syndicaux | Travail-Emploi | travail-emploi | Chaque syndicat représentatif dans une entreprise ou un établissement d' au moins 50 salariés peut désigner un délégué syndical (DS) . Le délégué syndical exerce un rôle de représentation du syndicat auquel il appartient et de négociateur de conventions ou d'accords collectifs d'entreprise ou d'établissement . Il bénéficie d'une protection particulière en matière de licenciement . | 19/02/2025 | https://travail-emploi.gouv.fr/les-delegues-syndicaux | [
"Quel est le nombre de délégués syndicaux ?"
] | de cassation du 22 janvier 2025).Délégué syndical centralDans les entreprises d'au moins 2 000 salariés comportant au moins 2 établissements d'au moins 50 salariés chacun, chaque syndicat représentatif dans l'entreprise peut, dans les conditions fixées par l'article L. 2143-5 du Code du travail, désigner un délégué syndical central d'entreprise, distinct des délégués syndicaux d'établissement.L'ensemble des dispositions relatives au délégué syndical d'entreprise est applicable au délégué syndical central.Dans les entreprises de moins de 2 000 salariés comportant au moins 2 établissements d'au moins 50 salariés chacun, chaque syndicat représentatif peut, dans les conditions fixées par l'article L. 2143-5 précité, désigner l'un de ses délégués syndicaux d'établissement en vue d'exercer également les fonctions de délégué syndical central d'entreprise (dans ce cas, il ne s'agit donc pas d'un délégué supplémentaire). Ce dernier ne dispose donc que du crédit d'heures associé à son mandat de délégué syndical d'établissement déterminé en fonction de l'effectif apprécié au niveau de l'établissement. Le cas échéant, des dispositions plus favorables peuvent être prévues par accord collectif. | Les délégués syndicaux
Chaque syndicat représentatif dans une entreprise ou un établissement d' au moins 50 salariés peut désigner un délégué syndical (DS) . Le délégué syndical exerce un rôle de représentation du syndicat auquel il appartient et de négociateur de conventions ou d'accords collectifs d'entreprise ou d'établissement . Il bénéficie d'une protection particulière en matière de licenciement .
de cassation du 22 janvier 2025).Délégué syndical centralDans les entreprises d'au moins 2 000 salariés comportant au moins 2 établissements d'au moins 50 salariés chacun, chaque syndicat représentatif dans l'entreprise peut, dans les conditions fixées par l'article L. 2143-5 du Code du travail, désigner un délégué syndical central d'entreprise, distinct des délégués syndicaux d'établissement.L'ensemble des dispositions relatives au délégué syndical d'entreprise est applicable au délégué syndical central.Dans les entreprises de moins de 2 000 salariés comportant au moins 2 établissements d'au moins 50 salariés chacun, chaque syndicat représentatif peut, dans les conditions fixées par l'article L. 2143-5 précité, désigner l'un de ses délégués syndicaux d'établissement en vue d'exercer également les fonctions de délégué syndical central d'entreprise (dans ce cas, il ne s'agit donc pas d'un délégué supplémentaire). Ce dernier ne dispose donc que du crédit d'heures associé à son mandat de délégué syndical d'établissement déterminé en fonction de l'effectif apprécié au niveau de l'établissement. Le cas échéant, des dispositions plus favorables peuvent être prévues par accord collectif. | 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33343438363935353261313063346463 | article375542 | 35 | Les délégués syndicaux | Travail-Emploi | travail-emploi | Chaque syndicat représentatif dans une entreprise ou un établissement d' au moins 50 salariés peut désigner un délégué syndical (DS) . Le délégué syndical exerce un rôle de représentation du syndicat auquel il appartient et de négociateur de conventions ou d'accords collectifs d'entreprise ou d'établissement . Il bénéficie d'une protection particulière en matière de licenciement . | 19/02/2025 | https://travail-emploi.gouv.fr/les-delegues-syndicaux | [
"Quelle est la durée du mandat ?"
] | Le mandat de délégué syndical prend fin au plus tard lors du premier tour des élections de l'institution représentative du personnel renouvelant l'institution dont l'élection avait permis de reconnaître la représentativité de l'organisation syndicale l'ayant désigné.Selon la Cour de cassation, « le mandat de délégué syndical prenant fin lors du renouvellement des institutions représentatives dans l'entreprise, la désignation, à l'issue de ces nouvelles élections, d'un délégué syndical, fait courir à compter de la date de cette désignation le délai prévu par l'article R. 2314-24 du code du travail même si le salarié désigné exerçait déjà cette mission avant le nouveau scrutin » (Cass. soc. , 22 sept. 2010).En cas de réduction importante et durable de l'effectif en dessous de 50 salariés, la suppression du mandat de délégué syndical est subordonnée à un accord entre l'employeur et l'ensemble des organisations syndicales représentatives. À défaut d'accord, le directeur régional de l'économie, de l'emploi, du travail et des solidarités (DREETS - DDETS) peut décider que le mandat de délégué syndical prend fin. Le mandat du délégué syndical peut également prendre fin :Par décision du délégué d'y mettre fin ou par son décès ;Par révocation émanant de l'organisation syndicale qui l'avait désigné ;Par départ du délégué de l'entreprise ou de l'établissement distinct. Par ailleurs, si un membre de la délégation du personnel au CSE a été désigné comme délégué syndical, la perte de ce | Les délégués syndicaux
Chaque syndicat représentatif dans une entreprise ou un établissement d' au moins 50 salariés peut désigner un délégué syndical (DS) . Le délégué syndical exerce un rôle de représentation du syndicat auquel il appartient et de négociateur de conventions ou d'accords collectifs d'entreprise ou d'établissement . Il bénéficie d'une protection particulière en matière de licenciement .
Le mandat de délégué syndical prend fin au plus tard lors du premier tour des élections de l'institution représentative du personnel renouvelant l'institution dont l'élection avait permis de reconnaître la représentativité de l'organisation syndicale l'ayant désigné.Selon la Cour de cassation, « le mandat de délégué syndical prenant fin lors du renouvellement des institutions représentatives dans l'entreprise, la désignation, à l'issue de ces nouvelles élections, d'un délégué syndical, fait courir à compter de la date de cette désignation le délai prévu par l'article R. 2314-24 du code du travail même si le salarié désigné exerçait déjà cette mission avant le nouveau scrutin » (Cass. soc. , 22 sept. 2010).En cas de réduction importante et durable de l'effectif en dessous de 50 salariés, la suppression du mandat de délégué syndical est subordonnée à un accord entre l'employeur et l'ensemble des organisations syndicales représentatives. À défaut d'accord, le directeur régional de l'économie, de l'emploi, du travail et des solidarités (DREETS - DDETS) peut décider que le mandat de délégué syndical prend fin. Le mandat du délégué syndical peut également prendre fin :Par décision du délégué d'y mettre fin ou par son décès ;Par révocation émanant de l'organisation syndicale qui l'avait désigné ;Par départ du délégué de l'entreprise ou de l'établissement distinct. Par ailleurs, si un membre de la délégation du personnel au CSE a été désigné comme délégué syndical, la perte de ce | 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32663666333836373235623862366263 | article375542 | 36 | Les délégués syndicaux | Travail-Emploi | travail-emploi | Chaque syndicat représentatif dans une entreprise ou un établissement d' au moins 50 salariés peut désigner un délégué syndical (DS) . Le délégué syndical exerce un rôle de représentation du syndicat auquel il appartient et de négociateur de conventions ou d'accords collectifs d'entreprise ou d'établissement . Il bénéficie d'une protection particulière en matière de licenciement . | 19/02/2025 | https://travail-emploi.gouv.fr/les-delegues-syndicaux | [
"Quelle est la durée du mandat ?"
] | la perte de ce mandat entraîne la fin de son mandat de délégué syndical. L'entretien professionnel mentionné à l'article L. 6315-1 du code du travail doit systématiquement être proposé, par l'employeur, au salarié qui reprend son activité à l'issue d'un mandat syndical. | Les délégués syndicaux
Chaque syndicat représentatif dans une entreprise ou un établissement d' au moins 50 salariés peut désigner un délégué syndical (DS) . Le délégué syndical exerce un rôle de représentation du syndicat auquel il appartient et de négociateur de conventions ou d'accords collectifs d'entreprise ou d'établissement . Il bénéficie d'une protection particulière en matière de licenciement .
la perte de ce mandat entraîne la fin de son mandat de délégué syndical. L'entretien professionnel mentionné à l'article L. 6315-1 du code du travail doit systématiquement être proposé, par l'employeur, au salarié qui reprend son activité à l'issue d'un mandat syndical. | 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|
64636665386132623666633761366230 | article375542 | 46 | Les délégués syndicaux | Travail-Emploi | travail-emploi | Chaque syndicat représentatif dans une entreprise ou un établissement d' au moins 50 salariés peut désigner un délégué syndical (DS) . Le délégué syndical exerce un rôle de représentation du syndicat auquel il appartient et de négociateur de conventions ou d'accords collectifs d'entreprise ou d'établissement . Il bénéficie d'une protection particulière en matière de licenciement . | 19/02/2025 | https://travail-emploi.gouv.fr/les-delegues-syndicaux | [
"Textes de référence"
] | Articles L. 2143-1 à L. 2143-22, L. 2146-1, L. 2146-2, R. 2143-1 à R. 2143-3, D. 2143-4, R. 2143-5 et R. 2143-6 du Code du travail | Les délégués syndicaux
Chaque syndicat représentatif dans une entreprise ou un établissement d' au moins 50 salariés peut désigner un délégué syndical (DS) . Le délégué syndical exerce un rôle de représentation du syndicat auquel il appartient et de négociateur de conventions ou d'accords collectifs d'entreprise ou d'établissement . Il bénéficie d'une protection particulière en matière de licenciement .
Articles L. 2143-1 à L. 2143-22, L. 2146-1, L. 2146-2, R. 2143-1 à R. 2143-3, D. 2143-4, R. 2143-5 et R. 2143-6 du Code du travail | 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65623961316666333663316564643136 | article375542 | 37 | Les délégués syndicaux | Travail-Emploi | travail-emploi | Chaque syndicat représentatif dans une entreprise ou un établissement d' au moins 50 salariés peut désigner un délégué syndical (DS) . Le délégué syndical exerce un rôle de représentation du syndicat auquel il appartient et de négociateur de conventions ou d'accords collectifs d'entreprise ou d'établissement . Il bénéficie d'une protection particulière en matière de licenciement . | 19/02/2025 | https://travail-emploi.gouv.fr/les-delegues-syndicaux | [
"Quelles sont les missions du délégué syndical ?"
] | Le délégué syndical représente son syndicat auprès de l'employeur pour lui formuler des propositions, des revendications ou des réclamations. Il assure par ailleurs l'interface entre les salariés et l'organisation syndicale à laquelle il appartient et anime la section syndicale.Mais c'est essentiellement sa fonction de négociateur qui fonde sa spécificité. En effet, le Code du travail prévoit que les conventions ou les accords d'entreprise ou d'établissement sont négociés entre l'employeur et les organisations syndicales de salariés représentatives dans l'entreprise, sous réserve de la mise en place, dans l'entreprise, d'un conseil d'entreprise.Le délégué syndical est donc appelé à négocier chaque fois que l'employeur souhaite l'ouverture de discussions en vue de la conclusion d'un accord et, au minimum, lors des négociations périodiques obligatoires dont l'employeur est tenu de prendre l'initiative.Pour plus de précisions sur ces questions, on peut se reporter au document Questions/Réponses « La négociation collective » disponible sur ce site. Une base de données économiques, sociales et environnementales, mise régulièrement à jour, rassemble un ensemble d'informations que l'employeur met à disposition du CSE. Cette base de données est accessible en permanence aux délégués syndicaux et aux représentants du personnel mentionnés à l'article L. 2312-36 du Code du travail. | Les délégués syndicaux
Chaque syndicat représentatif dans une entreprise ou un établissement d' au moins 50 salariés peut désigner un délégué syndical (DS) . Le délégué syndical exerce un rôle de représentation du syndicat auquel il appartient et de négociateur de conventions ou d'accords collectifs d'entreprise ou d'établissement . Il bénéficie d'une protection particulière en matière de licenciement .
Le délégué syndical représente son syndicat auprès de l'employeur pour lui formuler des propositions, des revendications ou des réclamations. Il assure par ailleurs l'interface entre les salariés et l'organisation syndicale à laquelle il appartient et anime la section syndicale.Mais c'est essentiellement sa fonction de négociateur qui fonde sa spécificité. En effet, le Code du travail prévoit que les conventions ou les accords d'entreprise ou d'établissement sont négociés entre l'employeur et les organisations syndicales de salariés représentatives dans l'entreprise, sous réserve de la mise en place, dans l'entreprise, d'un conseil d'entreprise.Le délégué syndical est donc appelé à négocier chaque fois que l'employeur souhaite l'ouverture de discussions en vue de la conclusion d'un accord et, au minimum, lors des négociations périodiques obligatoires dont l'employeur est tenu de prendre l'initiative.Pour plus de précisions sur ces questions, on peut se reporter au document Questions/Réponses « La négociation collective » disponible sur ce site. Une base de données économiques, sociales et environnementales, mise régulièrement à jour, rassemble un ensemble d'informations que l'employeur met à disposition du CSE. Cette base de données est accessible en permanence aux délégués syndicaux et aux représentants du personnel mentionnés à l'article L. 2312-36 du Code du travail. | 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33363935613333376433323838643135 | article375542 | 38 | Les délégués syndicaux | Travail-Emploi | travail-emploi | Chaque syndicat représentatif dans une entreprise ou un établissement d' au moins 50 salariés peut désigner un délégué syndical (DS) . Le délégué syndical exerce un rôle de représentation du syndicat auquel il appartient et de négociateur de conventions ou d'accords collectifs d'entreprise ou d'établissement . Il bénéficie d'une protection particulière en matière de licenciement . | 19/02/2025 | https://travail-emploi.gouv.fr/les-delegues-syndicaux | [
"Peut-il y avoir cumul de mandats ?"
] | Oui, les fonctions de délégué syndical sont compatibles avec celle de :Représentant syndical au comité social et économique (CSE) ;Membre de la délégation du personnel au CSE.Dans les entreprises de moins de 300 salariés et dans les établissements appartenant à ces entreprises, le délégué syndical est, de droit, représentant syndical au CSE. Le délégué syndical est, à ce titre, destinataire des informations fournies à ce comité. Cette disposition ne trouve toutefois pas à s'appliquer dans les entreprises de moins de 50 salariés dans lesquelles il n'est donc pas possible de désigner un représentant syndical auprès du CSE ; sur cette question, on peut se reporter aux précisions figurant dans l'arrêt de la Cour de cassation du 8 septembre 2021. | Les délégués syndicaux
Chaque syndicat représentatif dans une entreprise ou un établissement d' au moins 50 salariés peut désigner un délégué syndical (DS) . Le délégué syndical exerce un rôle de représentation du syndicat auquel il appartient et de négociateur de conventions ou d'accords collectifs d'entreprise ou d'établissement . Il bénéficie d'une protection particulière en matière de licenciement .
Oui, les fonctions de délégué syndical sont compatibles avec celle de :Représentant syndical au comité social et économique (CSE) ;Membre de la délégation du personnel au CSE.Dans les entreprises de moins de 300 salariés et dans les établissements appartenant à ces entreprises, le délégué syndical est, de droit, représentant syndical au CSE. Le délégué syndical est, à ce titre, destinataire des informations fournies à ce comité. Cette disposition ne trouve toutefois pas à s'appliquer dans les entreprises de moins de 50 salariés dans lesquelles il n'est donc pas possible de désigner un représentant syndical auprès du CSE ; sur cette question, on peut se reporter aux précisions figurant dans l'arrêt de la Cour de cassation du 8 septembre 2021. | 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36333030323836313465306231653531 | article375542 | 39 | Les délégués syndicaux | Travail-Emploi | travail-emploi | Chaque syndicat représentatif dans une entreprise ou un établissement d' au moins 50 salariés peut désigner un délégué syndical (DS) . Le délégué syndical exerce un rôle de représentation du syndicat auquel il appartient et de négociateur de conventions ou d'accords collectifs d'entreprise ou d'établissement . Il bénéficie d'une protection particulière en matière de licenciement . | 19/02/2025 | https://travail-emploi.gouv.fr/les-delegues-syndicaux | [
"Quels sont les moyens des délégués syndicaux ?"
] | Le crédit d'heures (ou heures de délégation) du délégué syndicalChaque délégué syndical dispose d'un temps nécessaire à l'exercice de ses fonctions.Ce temps est au moins égal à :12 heures par mois dans les entreprises ou établissements de 50 à 150 à salariés ;18 heures par mois dans les entreprises ou établissements de 151 à 499 salariés ;24 heures par mois dans les entreprises ou établissements d'au moins 500 salariés. Ce temps peut être augmenté par un accord collectif ou un usage. Il peut également être dépassé en cas de circonstances exceptionnelles (situation inhabituelle nécessitant de la part du délégué syndical un surcroît d'activité, débordant le cadre habituel de ses tâches en raison notamment de la soudaineté de l'événement ou de l'urgence des mesures à prendre).Les heures utilisées pour participer à des réunions qui ont lieu à l'initiative de l'employeur ne sont pas imputables sur les temps de délégation ;Dans les entreprises ou établissements où, en application des articles L. 2143-3 et L. 2143-4 du Code du travail, sont désignés pour chaque section syndicale plusieurs délégués, ceux-ci peuvent répartir entre eux le temps dont ils disposent au titre de leur mandat de délégué syndical. Ils en informent l'employeur.Le délégué syndical central (DSC) désigné dans les entreprises d'au moins 2 000 salariés (voir ci-dessus) dispose de 24 heures par mois pour l'exercice de ses fonctions. Ces heures s'ajoutent à celles dont il peut disposer à un titre autre que celui de | Les délégués syndicaux
Chaque syndicat représentatif dans une entreprise ou un établissement d' au moins 50 salariés peut désigner un délégué syndical (DS) . Le délégué syndical exerce un rôle de représentation du syndicat auquel il appartient et de négociateur de conventions ou d'accords collectifs d'entreprise ou d'établissement . Il bénéficie d'une protection particulière en matière de licenciement .
Le crédit d'heures (ou heures de délégation) du délégué syndicalChaque délégué syndical dispose d'un temps nécessaire à l'exercice de ses fonctions.Ce temps est au moins égal à :12 heures par mois dans les entreprises ou établissements de 50 à 150 à salariés ;18 heures par mois dans les entreprises ou établissements de 151 à 499 salariés ;24 heures par mois dans les entreprises ou établissements d'au moins 500 salariés. Ce temps peut être augmenté par un accord collectif ou un usage. Il peut également être dépassé en cas de circonstances exceptionnelles (situation inhabituelle nécessitant de la part du délégué syndical un surcroît d'activité, débordant le cadre habituel de ses tâches en raison notamment de la soudaineté de l'événement ou de l'urgence des mesures à prendre).Les heures utilisées pour participer à des réunions qui ont lieu à l'initiative de l'employeur ne sont pas imputables sur les temps de délégation ;Dans les entreprises ou établissements où, en application des articles L. 2143-3 et L. 2143-4 du Code du travail, sont désignés pour chaque section syndicale plusieurs délégués, ceux-ci peuvent répartir entre eux le temps dont ils disposent au titre de leur mandat de délégué syndical. Ils en informent l'employeur.Le délégué syndical central (DSC) désigné dans les entreprises d'au moins 2 000 salariés (voir ci-dessus) dispose de 24 heures par mois pour l'exercice de ses fonctions. Ces heures s'ajoutent à celles dont il peut disposer à un titre autre que celui de | 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30383662653038643232386366343831 | article375542 | 40 | Les délégués syndicaux | Travail-Emploi | travail-emploi | Chaque syndicat représentatif dans une entreprise ou un établissement d' au moins 50 salariés peut désigner un délégué syndical (DS) . Le délégué syndical exerce un rôle de représentation du syndicat auquel il appartient et de négociateur de conventions ou d'accords collectifs d'entreprise ou d'établissement . Il bénéficie d'une protection particulière en matière de licenciement . | 19/02/2025 | https://travail-emploi.gouv.fr/les-delegues-syndicaux | [
"Quels sont les moyens des délégués syndicaux ?"
] | autre que celui de délégué syndical d'établissement (par exemple, au titre de membre de la délégation du personnel au CSE). En d'autres termes :S'il n'est pas également délégué syndical d'établissement (ce qui n'est possible que dans les entreprises d'au moins 2 000 salariés), le DSC dispose, à ce titre, d'un crédit d'heures spécifique de 24 heures par mois ;s'il est déjà délégué syndical d'établissement, il ne dispose pas d'un crédit d'heures spécifique au titre de son mandat de DSC, mais son crédit d'heures sera porté à 24 heures par mois s'il ne les atteint pas déjà dans le cadre de son mandat de délégué syndical d'établissement.Chaque délégué syndical peut utiliser des heures de délégation, hormis celles dévolues à la section syndicale (voir ci-dessous), pour participer, au titre de son organisation, à des négociations ou à des concertations à un autre niveau que celui de l'entreprise ou aux réunions d'instances organisées dans l'intérêt des salariés de l'entreprise ou de la branche ;Sauf accord collectif contraire, lorsque le salarié désigné DS est un salarié ayant conclu une convention de forfait en jours sur l'année, le crédit d'heures est regroupé en demi-journées qui viennent en déduction du nombre annuel de jours travaillés fixé dans la convention individuelle du salarié. Une demi-journée correspond à quatre heures de mandat. Lorsque le crédit d'heures ou la fraction du crédit d'heures restant est inférieur à quatre heures, le représentant du personnel en bénéficie | Les délégués syndicaux
Chaque syndicat représentatif dans une entreprise ou un établissement d' au moins 50 salariés peut désigner un délégué syndical (DS) . Le délégué syndical exerce un rôle de représentation du syndicat auquel il appartient et de négociateur de conventions ou d'accords collectifs d'entreprise ou d'établissement . Il bénéficie d'une protection particulière en matière de licenciement .
autre que celui de délégué syndical d'établissement (par exemple, au titre de membre de la délégation du personnel au CSE). En d'autres termes :S'il n'est pas également délégué syndical d'établissement (ce qui n'est possible que dans les entreprises d'au moins 2 000 salariés), le DSC dispose, à ce titre, d'un crédit d'heures spécifique de 24 heures par mois ;s'il est déjà délégué syndical d'établissement, il ne dispose pas d'un crédit d'heures spécifique au titre de son mandat de DSC, mais son crédit d'heures sera porté à 24 heures par mois s'il ne les atteint pas déjà dans le cadre de son mandat de délégué syndical d'établissement.Chaque délégué syndical peut utiliser des heures de délégation, hormis celles dévolues à la section syndicale (voir ci-dessous), pour participer, au titre de son organisation, à des négociations ou à des concertations à un autre niveau que celui de l'entreprise ou aux réunions d'instances organisées dans l'intérêt des salariés de l'entreprise ou de la branche ;Sauf accord collectif contraire, lorsque le salarié désigné DS est un salarié ayant conclu une convention de forfait en jours sur l'année, le crédit d'heures est regroupé en demi-journées qui viennent en déduction du nombre annuel de jours travaillés fixé dans la convention individuelle du salarié. Une demi-journée correspond à quatre heures de mandat. Lorsque le crédit d'heures ou la fraction du crédit d'heures restant est inférieur à quatre heures, le représentant du personnel en bénéficie | 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34346362316631383632653166376333 | article376068 | 1 | 5 questions-réponses sur la santé au travail | Travail-Emploi | travail-emploi | 13/01/2025 | https://travail-emploi.gouv.fr/5-questions-reponses-sur-la-sante-au-travail | [
"Visite d’information et de prévention : pour qui ?"
] | médecin du travail afin que leur soit proposé un suivi adapté à leur situation.Pour davantage de détails consultez notre fiche sur le suivi de l'état de santé des salariés. | 5 questions-réponses sur la santé au travail
médecin du travail afin que leur soit proposé un suivi adapté à leur situation.Pour davantage de détails consultez notre fiche sur le suivi de l'état de santé des salariés. | 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66346264616361303037313465343666 | article375542 | 41 | Les délégués syndicaux | Travail-Emploi | travail-emploi | Chaque syndicat représentatif dans une entreprise ou un établissement d' au moins 50 salariés peut désigner un délégué syndical (DS) . Le délégué syndical exerce un rôle de représentation du syndicat auquel il appartient et de négociateur de conventions ou d'accords collectifs d'entreprise ou d'établissement . Il bénéficie d'une protection particulière en matière de licenciement . | 19/02/2025 | https://travail-emploi.gouv.fr/les-delegues-syndicaux | [
"Quels sont les moyens des délégués syndicaux ?"
] | en bénéficie dans des conditions définies par l'article R. 2143-3-1 du Code du travail ;Les heures de délégation, pour leur volume légal ou conventionnel, sont de plein droit considérées comme temps de travail et payées à l'échéance normale. L'employeur qui entend contester l'utilisation faite des heures de délégation saisit le juge judiciaire; si sa demande est fondée, il pourra obtenir le remboursement des heures de délégation indûment payées (en ce sens, voir, par exemple, l'arrêt de la Cour de cassation du 16 février 2022). Les heures prises en dehors du volume légal ou conventionnel ne bénéficient pas de cette présomption de bonne utilisation par les délégués syndicaux : en cas d'utilisation d'heures de délégation supplémentaires pour circonstances exceptionnelles, l'employeur peut ainsi leur demander de justifier de leur utilisation avant de les payer. En cas de dépassement du crédit d’heures, non justifié de la part du salarié par des circonstances exceptionnelles, l’employeur peut également opérer une retenue sur salaire correspondant au dépassement, à condition de respecter la fraction saisissable du salaire (en ce sens, voir l’arrêt de la Cour de cassation du 10 juillet 2024).Les déplacementsLe délégué syndical peut rencontrer les salariés sur leur poste de travail, à condition de ne pas leur apporter de gêne importante, pendant ses heures de délégation ou en dehors de ses heures de travail. Il peut également se déplacer en dehors de l'entreprise, pendant ses | Les délégués syndicaux
Chaque syndicat représentatif dans une entreprise ou un établissement d' au moins 50 salariés peut désigner un délégué syndical (DS) . Le délégué syndical exerce un rôle de représentation du syndicat auquel il appartient et de négociateur de conventions ou d'accords collectifs d'entreprise ou d'établissement . Il bénéficie d'une protection particulière en matière de licenciement .
en bénéficie dans des conditions définies par l'article R. 2143-3-1 du Code du travail ;Les heures de délégation, pour leur volume légal ou conventionnel, sont de plein droit considérées comme temps de travail et payées à l'échéance normale. L'employeur qui entend contester l'utilisation faite des heures de délégation saisit le juge judiciaire; si sa demande est fondée, il pourra obtenir le remboursement des heures de délégation indûment payées (en ce sens, voir, par exemple, l'arrêt de la Cour de cassation du 16 février 2022). Les heures prises en dehors du volume légal ou conventionnel ne bénéficient pas de cette présomption de bonne utilisation par les délégués syndicaux : en cas d'utilisation d'heures de délégation supplémentaires pour circonstances exceptionnelles, l'employeur peut ainsi leur demander de justifier de leur utilisation avant de les payer. En cas de dépassement du crédit d’heures, non justifié de la part du salarié par des circonstances exceptionnelles, l’employeur peut également opérer une retenue sur salaire correspondant au dépassement, à condition de respecter la fraction saisissable du salaire (en ce sens, voir l’arrêt de la Cour de cassation du 10 juillet 2024).Les déplacementsLe délégué syndical peut rencontrer les salariés sur leur poste de travail, à condition de ne pas leur apporter de gêne importante, pendant ses heures de délégation ou en dehors de ses heures de travail. Il peut également se déplacer en dehors de l'entreprise, pendant ses | 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38353333363663383434316363323531 | article375542 | 42 | Les délégués syndicaux | Travail-Emploi | travail-emploi | Chaque syndicat représentatif dans une entreprise ou un établissement d' au moins 50 salariés peut désigner un délégué syndical (DS) . Le délégué syndical exerce un rôle de représentation du syndicat auquel il appartient et de négociateur de conventions ou d'accords collectifs d'entreprise ou d'établissement . Il bénéficie d'une protection particulière en matière de licenciement . | 19/02/2025 | https://travail-emploi.gouv.fr/les-delegues-syndicaux | [
"Quels sont les moyens des délégués syndicaux ?"
] | pendant ses heures de délégation, pour l'exercice de ses fonctions.Les délégués syndicaux sont tenus au secret professionnel pour toutes les questions relatives aux procédés de fabrication.Les moyens de la section syndicaleLa section syndicale dispose par ailleurs :D'un panneau d'affichage dans l'établissement, distinct de celui affecté aux communications du CSE ;Du droit d'organiser des réunions (entre adhérents ou avec une personnalité extérieure à l'entreprise, syndicale ou non) dans l'enceinte de l'entreprise, en dehors du temps de travail ;De la faculté de diffuser librement les publications et tracts syndicaux, dans l'enceinte de l'entreprise, aux heures d'entrée et de sortie du travail ;De la possibilité, dans des conditions définies par accord d'entreprise, de diffuser ses publications et tracts de nature syndicale sur un site mis en place sur l'intranet de l'entreprise ou sur la messagerie électronique de l'entreprise. Sur ce point, on signalera que, selon la Cour de cassation (arrêt du 21 septembre 2011), « en vertu des articles L. 2142-3 à L. 2142-7 du Code du travail, l'affichage et la diffusion des communications syndicales à l'intérieur de l'entreprise sont liés à la constitution par les organisations syndicales d'une section syndicale, laquelle n'est pas subordonnée à une condition de représentativité ; que, dès lors, les dispositions d'une convention ou d'un accord collectif visant à faciliter la communication des organisations syndicales ne peuvent, sans | Les délégués syndicaux
Chaque syndicat représentatif dans une entreprise ou un établissement d' au moins 50 salariés peut désigner un délégué syndical (DS) . Le délégué syndical exerce un rôle de représentation du syndicat auquel il appartient et de négociateur de conventions ou d'accords collectifs d'entreprise ou d'établissement . Il bénéficie d'une protection particulière en matière de licenciement .
pendant ses heures de délégation, pour l'exercice de ses fonctions.Les délégués syndicaux sont tenus au secret professionnel pour toutes les questions relatives aux procédés de fabrication.Les moyens de la section syndicaleLa section syndicale dispose par ailleurs :D'un panneau d'affichage dans l'établissement, distinct de celui affecté aux communications du CSE ;Du droit d'organiser des réunions (entre adhérents ou avec une personnalité extérieure à l'entreprise, syndicale ou non) dans l'enceinte de l'entreprise, en dehors du temps de travail ;De la faculté de diffuser librement les publications et tracts syndicaux, dans l'enceinte de l'entreprise, aux heures d'entrée et de sortie du travail ;De la possibilité, dans des conditions définies par accord d'entreprise, de diffuser ses publications et tracts de nature syndicale sur un site mis en place sur l'intranet de l'entreprise ou sur la messagerie électronique de l'entreprise. Sur ce point, on signalera que, selon la Cour de cassation (arrêt du 21 septembre 2011), « en vertu des articles L. 2142-3 à L. 2142-7 du Code du travail, l'affichage et la diffusion des communications syndicales à l'intérieur de l'entreprise sont liés à la constitution par les organisations syndicales d'une section syndicale, laquelle n'est pas subordonnée à une condition de représentativité ; que, dès lors, les dispositions d'une convention ou d'un accord collectif visant à faciliter la communication des organisations syndicales ne peuvent, sans | 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34326563313038333733306531623264 | article375542 | 43 | Les délégués syndicaux | Travail-Emploi | travail-emploi | Chaque syndicat représentatif dans une entreprise ou un établissement d' au moins 50 salariés peut désigner un délégué syndical (DS) . Le délégué syndical exerce un rôle de représentation du syndicat auquel il appartient et de négociateur de conventions ou d'accords collectifs d'entreprise ou d'établissement . Il bénéficie d'une protection particulière en matière de licenciement . | 19/02/2025 | https://travail-emploi.gouv.fr/les-delegues-syndicaux | [
"Quels sont les moyens des délégués syndicaux ?"
] | ne peuvent, sans porter atteinte au principe d'égalité, être limitées aux seuls syndicats représentatifs et doivent bénéficier à tous les syndicats qui ont constitué une section syndicale ».Chaque section syndicale dispose, au profit de son ou ses délégués syndicaux et des salariés de l'entreprise appelés à négocier la convention ou l'accord d'entreprise, en vue de la préparation de la négociation de cette convention ou de cet accord, d'un crédit global supplémentaire dans la limite d'une durée qui ne peut excéder :12 heures par an dans les entreprises d'au moins 500 salariés ;18 heures par an dans celles d'au moins 1 000 salariés.En outre :Dans les entreprises ou établissements d'au moins 200 salariés, l'employeur met à la disposition des sections syndicales un local commun convenant à l'exercice de la mission de leurs délégués ;Dans les entreprises ou établissements d'au moins 1 000 salariés, l'employeur met à la disposition de chaque section syndicale constituée par une organisation syndicale représentative dans l'entreprise ou l'établissement un local convenable, aménagé et doté du matériel nécessaire à son fonctionnement. | Les délégués syndicaux
Chaque syndicat représentatif dans une entreprise ou un établissement d' au moins 50 salariés peut désigner un délégué syndical (DS) . Le délégué syndical exerce un rôle de représentation du syndicat auquel il appartient et de négociateur de conventions ou d'accords collectifs d'entreprise ou d'établissement . Il bénéficie d'une protection particulière en matière de licenciement .
ne peuvent, sans porter atteinte au principe d'égalité, être limitées aux seuls syndicats représentatifs et doivent bénéficier à tous les syndicats qui ont constitué une section syndicale ».Chaque section syndicale dispose, au profit de son ou ses délégués syndicaux et des salariés de l'entreprise appelés à négocier la convention ou l'accord d'entreprise, en vue de la préparation de la négociation de cette convention ou de cet accord, d'un crédit global supplémentaire dans la limite d'une durée qui ne peut excéder :12 heures par an dans les entreprises d'au moins 500 salariés ;18 heures par an dans celles d'au moins 1 000 salariés.En outre :Dans les entreprises ou établissements d'au moins 200 salariés, l'employeur met à la disposition des sections syndicales un local commun convenant à l'exercice de la mission de leurs délégués ;Dans les entreprises ou établissements d'au moins 1 000 salariés, l'employeur met à la disposition de chaque section syndicale constituée par une organisation syndicale représentative dans l'entreprise ou l'établissement un local convenable, aménagé et doté du matériel nécessaire à son fonctionnement. | 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32653339343636366461326662656239 | article375542 | 44 | Les délégués syndicaux | Travail-Emploi | travail-emploi | Chaque syndicat représentatif dans une entreprise ou un établissement d' au moins 50 salariés peut désigner un délégué syndical (DS) . Le délégué syndical exerce un rôle de représentation du syndicat auquel il appartient et de négociateur de conventions ou d'accords collectifs d'entreprise ou d'établissement . Il bénéficie d'une protection particulière en matière de licenciement . | 19/02/2025 | https://travail-emploi.gouv.fr/les-delegues-syndicaux | [
"De quelles garanties les délégués syndicaux bénéficient-ils ?"
] | Protection contre le licenciement et autres ruptures à l'initiative de l'employeurLes délégués syndicaux ne peuvent être licenciés, ou voir leur contrat de travail être rompu à l'initiative de l'employeur, sans l'autorisation de l'inspecteur du travail : sur cette question, on se reportera aux informations mises en ligne sur notre site.Cette protection bénéfice aussi pendant 12 mois aux anciens délégués syndicaux ayant exercé leur fonction durant au moins un an. Pour plus de précisions sur cette question, on se reportera aux informations diffusées sur notre site.Par ailleurs, le Code du travail prévoit qu'aucune limitation ne peut être apportée à l'exercice du droit syndical. Toute entrave peut être pénalement sanctionnée.Les délégués syndicaux bénéficient également, comme d'autres salariés investis d'un mandat électif ou syndical, d'une protection contre les discriminations.Garantie d'évolution de la rémunérationEn l'absence d'accord collectif de branche ou d'entreprise déterminant des garanties d'évolution de la rémunération au moins aussi favorables que celles mentionnées ici, les délégués syndicaux bénéficient d'une évolution de rémunération au moins égale, sur l'ensemble de la durée de leur mandat, aux augmentations générales et à la moyenne des augmentations individuelles perçues pendant cette période par les salariés relevant de la même catégorie professionnelle et dont l'ancienneté est comparable ou, à défaut de tels salariés, aux augmentations générales et à la | Les délégués syndicaux
Chaque syndicat représentatif dans une entreprise ou un établissement d' au moins 50 salariés peut désigner un délégué syndical (DS) . Le délégué syndical exerce un rôle de représentation du syndicat auquel il appartient et de négociateur de conventions ou d'accords collectifs d'entreprise ou d'établissement . Il bénéficie d'une protection particulière en matière de licenciement .
Protection contre le licenciement et autres ruptures à l'initiative de l'employeurLes délégués syndicaux ne peuvent être licenciés, ou voir leur contrat de travail être rompu à l'initiative de l'employeur, sans l'autorisation de l'inspecteur du travail : sur cette question, on se reportera aux informations mises en ligne sur notre site.Cette protection bénéfice aussi pendant 12 mois aux anciens délégués syndicaux ayant exercé leur fonction durant au moins un an. Pour plus de précisions sur cette question, on se reportera aux informations diffusées sur notre site.Par ailleurs, le Code du travail prévoit qu'aucune limitation ne peut être apportée à l'exercice du droit syndical. Toute entrave peut être pénalement sanctionnée.Les délégués syndicaux bénéficient également, comme d'autres salariés investis d'un mandat électif ou syndical, d'une protection contre les discriminations.Garantie d'évolution de la rémunérationEn l'absence d'accord collectif de branche ou d'entreprise déterminant des garanties d'évolution de la rémunération au moins aussi favorables que celles mentionnées ici, les délégués syndicaux bénéficient d'une évolution de rémunération au moins égale, sur l'ensemble de la durée de leur mandat, aux augmentations générales et à la moyenne des augmentations individuelles perçues pendant cette période par les salariés relevant de la même catégorie professionnelle et dont l'ancienneté est comparable ou, à défaut de tels salariés, aux augmentations générales et à la | 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37663732613666613561323937666662 | article375542 | 45 | Les délégués syndicaux | Travail-Emploi | travail-emploi | Chaque syndicat représentatif dans une entreprise ou un établissement d' au moins 50 salariés peut désigner un délégué syndical (DS) . Le délégué syndical exerce un rôle de représentation du syndicat auquel il appartient et de négociateur de conventions ou d'accords collectifs d'entreprise ou d'établissement . Il bénéficie d'une protection particulière en matière de licenciement . | 19/02/2025 | https://travail-emploi.gouv.fr/les-delegues-syndicaux | [
"De quelles garanties les délégués syndicaux bénéficient-ils ?"
] | générales et à la moyenne des augmentations individuelles perçues dans l'entreprise. Ces dispositions sont applicables :Aux délégués syndicaux, aux représentants de la section syndicale, ainsi qu'aux autres salariés mentionnés aux 2° à 7° de l'article L. 2411-1 du Code du travail, et à l'article L. 2411-2 du même Code ;Dès lors que le nombre d'heures de délégation dont ils disposent sur l'année dépasse 30 % de la durée de travail fixée dans leur contrat de travail ou, à défaut, de la durée applicable dans l'établissement. Pour une illustration des conditions de mise en œuvre de ces dispositions, et de leurs conséquences, on se reportera à l'arrêt de la Cour de cassation du 20 décembre 2023. | Les délégués syndicaux
Chaque syndicat représentatif dans une entreprise ou un établissement d' au moins 50 salariés peut désigner un délégué syndical (DS) . Le délégué syndical exerce un rôle de représentation du syndicat auquel il appartient et de négociateur de conventions ou d'accords collectifs d'entreprise ou d'établissement . Il bénéficie d'une protection particulière en matière de licenciement .
générales et à la moyenne des augmentations individuelles perçues dans l'entreprise. Ces dispositions sont applicables :Aux délégués syndicaux, aux représentants de la section syndicale, ainsi qu'aux autres salariés mentionnés aux 2° à 7° de l'article L. 2411-1 du Code du travail, et à l'article L. 2411-2 du même Code ;Dès lors que le nombre d'heures de délégation dont ils disposent sur l'année dépasse 30 % de la durée de travail fixée dans leur contrat de travail ou, à défaut, de la durée applicable dans l'établissement. Pour une illustration des conditions de mise en œuvre de ces dispositions, et de leurs conséquences, on se reportera à l'arrêt de la Cour de cassation du 20 décembre 2023. | 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63333034386330613139316461396433 | article375542 | 47 | Les délégués syndicaux | Travail-Emploi | travail-emploi | Chaque syndicat représentatif dans une entreprise ou un établissement d' au moins 50 salariés peut désigner un délégué syndical (DS) . Le délégué syndical exerce un rôle de représentation du syndicat auquel il appartient et de négociateur de conventions ou d'accords collectifs d'entreprise ou d'établissement . Il bénéficie d'une protection particulière en matière de licenciement . | 19/02/2025 | https://travail-emploi.gouv.fr/les-delegues-syndicaux | [
"Lire en complément"
] | La protection en cas de licenciementLes règles de décompte des effectifsLa modification du contrat de travailLa saisie et la cession des rémunérations | Les délégués syndicaux
Chaque syndicat représentatif dans une entreprise ou un établissement d' au moins 50 salariés peut désigner un délégué syndical (DS) . Le délégué syndical exerce un rôle de représentation du syndicat auquel il appartient et de négociateur de conventions ou d'accords collectifs d'entreprise ou d'établissement . Il bénéficie d'une protection particulière en matière de licenciement .
La protection en cas de licenciementLes règles de décompte des effectifsLa modification du contrat de travailLa saisie et la cession des rémunérations | 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61366531346632353331396638323935 | article100976 | 0 | Le contrat de travail : les principales caractéristiques | Travail-Emploi | travail-emploi | Le contrat de travail existe dès l'instant où une personne (le salarié) s'engage à travailler, moyennant rémunération, pour le compte et sous la direction d'une autre personne (l'employeur) . Le plus souvent, le contrat de travail doit être écrit . Son exécution entraîne un certain nombre d' obligations, tant pour le salarié que pour l'employeur . | 06/12/2023 | https://travail-emploi.gouv.fr/le-contrat-de-travail-les-principales-caracteristiques | [
"Le contrat de travail : les principales caractéristiques"
] | À savoir ! Si le contrat de travail est conclu pour une durée indéterminée, à temps plein, la rédaction d’un écrit, même si elle est vivement conseillée, n’est pas obligatoire, sauf dispositions contraires prévues par la convention collective applicable.La subordination en vidéo (Web série droit du travail)Retranscription textuelle Un acteur de téléréalité est-il un salarié ? Et un livreur à vélo travaillant pour une plateforme ? Et un étudiant en droit en stage dans un restaurant en qualité de plongeur ? À travers ces questions, nous allons nous pencher sur la qualification du salariat et le lien juridique de subordination. Quel est le contenu de cette notion ? C'est ce que nous allons voir. Bonjour, c'est Honorine et aujourd'hui je vais vous présenter le lien de subordination juridique, un épisode d'une série consacrée au droit du travail. La distinction entre le contrat de travail et les formes voisines de contrat présente un intérêt pratique pour déterminer si une personne est bénéficiaire ou non de la législation sociale. Le Code du travail ne fournit aucune définition du contrat de travail et c'est essentiellement en se référant à la jurisprudence que l'on peut en proposer une. La Cour de cassation a dégagé des éléments qui permettent de retenir la définition suivante. Le contrat de travail est la convention par laquelle une personne physique s'engage à mettre sa force de travail à la disposition d'une autre personne, physique ou morale, sous la subordination de | Le contrat de travail : les principales caractéristiques
Le contrat de travail existe dès l'instant où une personne (le salarié) s'engage à travailler, moyennant rémunération, pour le compte et sous la direction d'une autre personne (l'employeur) . Le plus souvent, le contrat de travail doit être écrit . Son exécution entraîne un certain nombre d' obligations, tant pour le salarié que pour l'employeur .
À savoir ! Si le contrat de travail est conclu pour une durée indéterminée, à temps plein, la rédaction d’un écrit, même si elle est vivement conseillée, n’est pas obligatoire, sauf dispositions contraires prévues par la convention collective applicable.La subordination en vidéo (Web série droit du travail)Retranscription textuelle Un acteur de téléréalité est-il un salarié ? Et un livreur à vélo travaillant pour une plateforme ? Et un étudiant en droit en stage dans un restaurant en qualité de plongeur ? À travers ces questions, nous allons nous pencher sur la qualification du salariat et le lien juridique de subordination. Quel est le contenu de cette notion ? C'est ce que nous allons voir. Bonjour, c'est Honorine et aujourd'hui je vais vous présenter le lien de subordination juridique, un épisode d'une série consacrée au droit du travail. La distinction entre le contrat de travail et les formes voisines de contrat présente un intérêt pratique pour déterminer si une personne est bénéficiaire ou non de la législation sociale. Le Code du travail ne fournit aucune définition du contrat de travail et c'est essentiellement en se référant à la jurisprudence que l'on peut en proposer une. La Cour de cassation a dégagé des éléments qui permettent de retenir la définition suivante. Le contrat de travail est la convention par laquelle une personne physique s'engage à mettre sa force de travail à la disposition d'une autre personne, physique ou morale, sous la subordination de | 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33303531656533636339613864616434 | article100976 | 1 | Le contrat de travail : les principales caractéristiques | Travail-Emploi | travail-emploi | Le contrat de travail existe dès l'instant où une personne (le salarié) s'engage à travailler, moyennant rémunération, pour le compte et sous la direction d'une autre personne (l'employeur) . Le plus souvent, le contrat de travail doit être écrit . Son exécution entraîne un certain nombre d' obligations, tant pour le salarié que pour l'employeur . | 06/12/2023 | https://travail-emploi.gouv.fr/le-contrat-de-travail-les-principales-caracteristiques | [
"Le contrat de travail : les principales caractéristiques"
] | la subordination de laquelle elle se place moyennant une rémunération. Trois éléments caractérisent donc le contrat de travail : la fourniture d'un travail, le paiement d'une rémunération et l'existence d'un lien de subordination. Cependant, la réunion des deux premiers éléments n'est pas suffisante. L'accomplissement d'un travail moyennant rémunération peut faire en effet l'objet d'autres contrats comme le contrat d'entreprise ou le contrat de sous-traitance. Le lien de subordination est spécifique du contrat de travail, intéressons-nous à cette notion. C'est en 1996 que la Cour de cassation, dans le célèbre arrêt Société Générale, a défini la subordination. Selon la haute juridiction, la subordination se définit comme l'exécution d'un travail sous l'autorité d'un employeur qui a le pouvoir de donner des ordres et des directives, d'en contrôler l'exécution et de sanctionner les manquements de son subordonné. Cette définition est centrée sur la preuve d'un rapport de pouvoir entre salariés et employeurs. Le critère du lien de subordination repose à titre principal sur la caractérisation d'un rapport de pouvoir. Comme le rappelle Pascal Lokiec, le terme « subordination », désormais quelque peu vieilli, tient au fait que le pouvoir se caractérise classiquement par la direction du travail du salarié, c'est-à-dire par des ordres et des directives. La caractérisation du lien de subordination implique, outre le pouvoir de direction, un contrôle sur l'activité du salarié, lequel | Le contrat de travail : les principales caractéristiques
Le contrat de travail existe dès l'instant où une personne (le salarié) s'engage à travailler, moyennant rémunération, pour le compte et sous la direction d'une autre personne (l'employeur) . Le plus souvent, le contrat de travail doit être écrit . Son exécution entraîne un certain nombre d' obligations, tant pour le salarié que pour l'employeur .
la subordination de laquelle elle se place moyennant une rémunération. Trois éléments caractérisent donc le contrat de travail : la fourniture d'un travail, le paiement d'une rémunération et l'existence d'un lien de subordination. Cependant, la réunion des deux premiers éléments n'est pas suffisante. L'accomplissement d'un travail moyennant rémunération peut faire en effet l'objet d'autres contrats comme le contrat d'entreprise ou le contrat de sous-traitance. Le lien de subordination est spécifique du contrat de travail, intéressons-nous à cette notion. C'est en 1996 que la Cour de cassation, dans le célèbre arrêt Société Générale, a défini la subordination. Selon la haute juridiction, la subordination se définit comme l'exécution d'un travail sous l'autorité d'un employeur qui a le pouvoir de donner des ordres et des directives, d'en contrôler l'exécution et de sanctionner les manquements de son subordonné. Cette définition est centrée sur la preuve d'un rapport de pouvoir entre salariés et employeurs. Le critère du lien de subordination repose à titre principal sur la caractérisation d'un rapport de pouvoir. Comme le rappelle Pascal Lokiec, le terme « subordination », désormais quelque peu vieilli, tient au fait que le pouvoir se caractérise classiquement par la direction du travail du salarié, c'est-à-dire par des ordres et des directives. La caractérisation du lien de subordination implique, outre le pouvoir de direction, un contrôle sur l'activité du salarié, lequel | 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|
32343935623039383138343532613739 | article100976 | 2 | Le contrat de travail : les principales caractéristiques | Travail-Emploi | travail-emploi | Le contrat de travail existe dès l'instant où une personne (le salarié) s'engage à travailler, moyennant rémunération, pour le compte et sous la direction d'une autre personne (l'employeur) . Le plus souvent, le contrat de travail doit être écrit . Son exécution entraîne un certain nombre d' obligations, tant pour le salarié que pour l'employeur . | 06/12/2023 | https://travail-emploi.gouv.fr/le-contrat-de-travail-les-principales-caracteristiques | [
"Le contrat de travail : les principales caractéristiques"
] | du salarié, lequel peut se manifester de différentes manières : des vérifications, des systèmes de géolocalisation, de comptage, etc. Le pouvoir de sanction, enfin, résulte le plus souvent implicitement des termes du contrat, le juge n'exigeant évidemment pas que le travailleur ait effectivement été sanctionné. Dans bien des cas, les critères issus de l'arrêt Société Générale sont difficiles à caractériser, voire inapplicables lorsque l'activité exercée par le salarié l’est de manière autonome ou lorsqu'il bénéficie d'une indépendance technique. Pour la Cour de cassation, l'indépendance technique n'exclut pas la subordination. La haute juridiction prend en compte, lorsqu'elle existe, une autre dimension de la subordination : l'appartenance du salarié à une organisation. En effet, cette dernière est un formidable vecteur de pouvoir. La jurisprudence a ainsi reconnu que, sans recevoir d'ordres et de directives quant à l'exercice de leur activité, sont salariés un médecin, un enseignant, un moniteur, un avocat, dès lors qu'ils sont intégrés dans un service organisé. L'organisation du service doit toutefois être décidée unilatéralement par l'employeur. Les juges rechercheronten particulier si le lieu de travail et les horaires sont fixés par l'entreprise et si le matériel utilisé est fourni par cette dernière. Le risque est utilisé, aujourd'hui comme hier, à titre complémentaire, soit au titre du rapport de pouvoir, soit au titre du service organisé pour distinguer le | Le contrat de travail : les principales caractéristiques
Le contrat de travail existe dès l'instant où une personne (le salarié) s'engage à travailler, moyennant rémunération, pour le compte et sous la direction d'une autre personne (l'employeur) . Le plus souvent, le contrat de travail doit être écrit . Son exécution entraîne un certain nombre d' obligations, tant pour le salarié que pour l'employeur .
du salarié, lequel peut se manifester de différentes manières : des vérifications, des systèmes de géolocalisation, de comptage, etc. Le pouvoir de sanction, enfin, résulte le plus souvent implicitement des termes du contrat, le juge n'exigeant évidemment pas que le travailleur ait effectivement été sanctionné. Dans bien des cas, les critères issus de l'arrêt Société Générale sont difficiles à caractériser, voire inapplicables lorsque l'activité exercée par le salarié l’est de manière autonome ou lorsqu'il bénéficie d'une indépendance technique. Pour la Cour de cassation, l'indépendance technique n'exclut pas la subordination. La haute juridiction prend en compte, lorsqu'elle existe, une autre dimension de la subordination : l'appartenance du salarié à une organisation. En effet, cette dernière est un formidable vecteur de pouvoir. La jurisprudence a ainsi reconnu que, sans recevoir d'ordres et de directives quant à l'exercice de leur activité, sont salariés un médecin, un enseignant, un moniteur, un avocat, dès lors qu'ils sont intégrés dans un service organisé. L'organisation du service doit toutefois être décidée unilatéralement par l'employeur. Les juges rechercheronten particulier si le lieu de travail et les horaires sont fixés par l'entreprise et si le matériel utilisé est fourni par cette dernière. Le risque est utilisé, aujourd'hui comme hier, à titre complémentaire, soit au titre du rapport de pouvoir, soit au titre du service organisé pour distinguer le | 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39323435333165346633653832373366 | article100977 | 3 | La période d'essai | Travail-Emploi | travail-emploi | La période d'essai permet à l'employeur d'évaluer les compétences du salarié dans son travail, notamment au regard de son expérience, et au salarié d'apprécier si les fonctions occupées lui conviennent. La période d’essai constitue ainsi une première phase du contrat de travail qui : n’est pas obligatoire ; doit, pour exister, être prévue dans le contrat de travail ou la lettre d’engagement ; a une durée maximale fixée par le Code du travail, les conventions collectives ou le contrat de travail, avec, dans certains cas (CDD, VRP...), application de règles particulières ; peut, sauf abus, être rompue librement sous réserve du respect d’un délai de prévenance. Au terme de la période d’essai, le salarié est définitivement embauché. | 19/05/2025 | https://travail-emploi.gouv.fr/la-periode-dessai | [
"Quelle est la durée de la période d’essai ?"
] | après le 26 juin 2008, date de publication de la loi n° 2008-596 du 25 juin 2008 ;de durées plus courtes fixées dans la lettre d'engagement ou le contrat de travail.Les possibilités de réduire la période d’essaiDans les situations suivantes, la période d’essai peut être réduite, voire supprimée.Embauche à la suite d’un stageEn cas d'embauche dans l'entreprise dans les trois mois suivant l'issue du stage intégré à un cursus pédagogique réalisé lors de la dernière année d'études, la durée de ce stage est déduite de la période d'essai, sans que cela ait pour effet de réduire cette dernière de plus de la moitié, sauf accord collectif prévoyant des stipulations plus favorables. Lorsque cette embauche est effectuée dans un emploi en correspondance avec les activités qui avaient été confiées au stagiaire, la durée du stage est déduite intégralement de la période d'essai.Embauche à la suite d’un contrat d’apprentissageSi le contrat d'apprentissage est suivi de la signature d'un contrat de travail à durée indéterminée, d'un contrat à durée déterminée ou d'un contrat de travail temporaire dans la même entreprise, aucune période d'essai ne peut être imposée, sauf dispositions conventionnelles contraires.Embauche à la suite d’un CDD ou d’une mission d’intérimComme le précise la Cour de cassation dans un arrêt du 19 juin 2024 auquel on se reportera, il résulte de l'article L. 1243-11 du Code du travail que « lorsque la relation contractuelle de travail se poursuit par un contrat à durée | La période d'essai
La période d'essai permet à l'employeur d'évaluer les compétences du salarié dans son travail, notamment au regard de son expérience, et au salarié d'apprécier si les fonctions occupées lui conviennent. La période d’essai constitue ainsi une première phase du contrat de travail qui : n’est pas obligatoire ; doit, pour exister, être prévue dans le contrat de travail ou la lettre d’engagement ; a une durée maximale fixée par le Code du travail, les conventions collectives ou le contrat de travail, avec, dans certains cas (CDD, VRP...), application de règles particulières ; peut, sauf abus, être rompue librement sous réserve du respect d’un délai de prévenance. Au terme de la période d’essai, le salarié est définitivement embauché.
après le 26 juin 2008, date de publication de la loi n° 2008-596 du 25 juin 2008 ;de durées plus courtes fixées dans la lettre d'engagement ou le contrat de travail.Les possibilités de réduire la période d’essaiDans les situations suivantes, la période d’essai peut être réduite, voire supprimée.Embauche à la suite d’un stageEn cas d'embauche dans l'entreprise dans les trois mois suivant l'issue du stage intégré à un cursus pédagogique réalisé lors de la dernière année d'études, la durée de ce stage est déduite de la période d'essai, sans que cela ait pour effet de réduire cette dernière de plus de la moitié, sauf accord collectif prévoyant des stipulations plus favorables. Lorsque cette embauche est effectuée dans un emploi en correspondance avec les activités qui avaient été confiées au stagiaire, la durée du stage est déduite intégralement de la période d'essai.Embauche à la suite d’un contrat d’apprentissageSi le contrat d'apprentissage est suivi de la signature d'un contrat de travail à durée indéterminée, d'un contrat à durée déterminée ou d'un contrat de travail temporaire dans la même entreprise, aucune période d'essai ne peut être imposée, sauf dispositions conventionnelles contraires.Embauche à la suite d’un CDD ou d’une mission d’intérimComme le précise la Cour de cassation dans un arrêt du 19 juin 2024 auquel on se reportera, il résulte de l'article L. 1243-11 du Code du travail que « lorsque la relation contractuelle de travail se poursuit par un contrat à durée | 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32643234323563613832623237313265 | article100976 | 3 | Le contrat de travail : les principales caractéristiques | Travail-Emploi | travail-emploi | Le contrat de travail existe dès l'instant où une personne (le salarié) s'engage à travailler, moyennant rémunération, pour le compte et sous la direction d'une autre personne (l'employeur) . Le plus souvent, le contrat de travail doit être écrit . Son exécution entraîne un certain nombre d' obligations, tant pour le salarié que pour l'employeur . | 06/12/2023 | https://travail-emploi.gouv.fr/le-contrat-de-travail-les-principales-caracteristiques | [
"Le contrat de travail : les principales caractéristiques"
] | pour distinguer le travailleur indépendant du salarié. Dans leur recherche de qualification du contrat de travail, les juges peuvent s'appuyer sur une définition du travail indépendant. Celui-ci se caractérise par les éléments suivants : la possibilité de se constituer sa propre clientèle, la liberté de fixer ses tarifs, la liberté de fixer les conditions d'exécution de la prestation de service. L'article L. 8221-6 du Code du travail institue une présomption d'absence de contrat de travail dans certains cas. Notamment s'il y a immatriculation au registre du commerce et des sociétés. Cet article définit également les conditions dans lesquelles un contrat d'entreprise peut être requalifié en contrat de travail. La présomption simple peut être levée lorsque ces personnes fournissent directement ou par personne interposée des prestations à un donneur d'ouvrage dans les conditions qui le placent dans un lien de subordination comparable à celui existant entre le salarié et son employeur. Quelle serait la portée des critères de subordination énoncés précédemment s’il suffisait aux parties d'indiquer que le contrat n'a pas la nature d'un contrat de travail pour écarter l'application du droit du travail ? Selon une jurisprudence constante, les parties ne peuvent jouer sur la qualification du contrat, en dénommant « contrat d’entreprise » un contrat qui, dans les faits, réunit les critères du contrat de travail. La Cour de cassation pose en tant que principe que l'existence d'une | Le contrat de travail : les principales caractéristiques
Le contrat de travail existe dès l'instant où une personne (le salarié) s'engage à travailler, moyennant rémunération, pour le compte et sous la direction d'une autre personne (l'employeur) . Le plus souvent, le contrat de travail doit être écrit . Son exécution entraîne un certain nombre d' obligations, tant pour le salarié que pour l'employeur .
pour distinguer le travailleur indépendant du salarié. Dans leur recherche de qualification du contrat de travail, les juges peuvent s'appuyer sur une définition du travail indépendant. Celui-ci se caractérise par les éléments suivants : la possibilité de se constituer sa propre clientèle, la liberté de fixer ses tarifs, la liberté de fixer les conditions d'exécution de la prestation de service. L'article L. 8221-6 du Code du travail institue une présomption d'absence de contrat de travail dans certains cas. Notamment s'il y a immatriculation au registre du commerce et des sociétés. Cet article définit également les conditions dans lesquelles un contrat d'entreprise peut être requalifié en contrat de travail. La présomption simple peut être levée lorsque ces personnes fournissent directement ou par personne interposée des prestations à un donneur d'ouvrage dans les conditions qui le placent dans un lien de subordination comparable à celui existant entre le salarié et son employeur. Quelle serait la portée des critères de subordination énoncés précédemment s’il suffisait aux parties d'indiquer que le contrat n'a pas la nature d'un contrat de travail pour écarter l'application du droit du travail ? Selon une jurisprudence constante, les parties ne peuvent jouer sur la qualification du contrat, en dénommant « contrat d’entreprise » un contrat qui, dans les faits, réunit les critères du contrat de travail. La Cour de cassation pose en tant que principe que l'existence d'une | 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32333734323864346337666465643063 | article100976 | 4 | Le contrat de travail : les principales caractéristiques | Travail-Emploi | travail-emploi | Le contrat de travail existe dès l'instant où une personne (le salarié) s'engage à travailler, moyennant rémunération, pour le compte et sous la direction d'une autre personne (l'employeur) . Le plus souvent, le contrat de travail doit être écrit . Son exécution entraîne un certain nombre d' obligations, tant pour le salarié que pour l'employeur . | 06/12/2023 | https://travail-emploi.gouv.fr/le-contrat-de-travail-les-principales-caracteristiques | [
"Le contrat de travail : les principales caractéristiques"
] | l'existence d'une relation de travail ne dépend ni de la volonté exprimée par les parties, ni de la dénomination qu'elles ont donné à leur convention, mais des conditions de faits dans lesquelles est exercée l'activité des travailleurs. Le juge peut donc s'appuyer sur toute une série d'éléments via la technique du faisceau d'indices pour déterminer la subordination, que ce soient des stipulations du contrat, les conditions d'accomplissement effectif du travail ou le comportement des parties. En 2009, il a ainsi été jugé que la participation à une émission de téléréalité comme l’Île de la tentation relevait d'une relation de travail. Dans cette affaire, la Cour de cassation avait constaté que les conditions de tournage caractérisaient la subordination. Les participants étaient en effet astreints à prendre part à des réunions et à des activités, ils se voyaient imposer des horaires de travail et de sommeil fixés par la production, ils ne communiquait pas avec l'extérieur et évoluaient dans le temps et dans un lieu sans rapport avec leur vie personnelle. En 2010, la Cour de cassation s'était prononcée sur une situation qualifiée de stage. Un restaurant avait recouru à deux stagiaires étrangères en les employant, l'une en qualité d'aide-cuisine affectée à la plonge et l'autre en qualité de commis de cuisine. Les stages étaient sans rapport avec les études poursuivies et les deux jeunes n'avaient reçu aucune formation. Ainsi, il existait une véritable relation de travail | Le contrat de travail : les principales caractéristiques
Le contrat de travail existe dès l'instant où une personne (le salarié) s'engage à travailler, moyennant rémunération, pour le compte et sous la direction d'une autre personne (l'employeur) . Le plus souvent, le contrat de travail doit être écrit . Son exécution entraîne un certain nombre d' obligations, tant pour le salarié que pour l'employeur .
l'existence d'une relation de travail ne dépend ni de la volonté exprimée par les parties, ni de la dénomination qu'elles ont donné à leur convention, mais des conditions de faits dans lesquelles est exercée l'activité des travailleurs. Le juge peut donc s'appuyer sur toute une série d'éléments via la technique du faisceau d'indices pour déterminer la subordination, que ce soient des stipulations du contrat, les conditions d'accomplissement effectif du travail ou le comportement des parties. En 2009, il a ainsi été jugé que la participation à une émission de téléréalité comme l’Île de la tentation relevait d'une relation de travail. Dans cette affaire, la Cour de cassation avait constaté que les conditions de tournage caractérisaient la subordination. Les participants étaient en effet astreints à prendre part à des réunions et à des activités, ils se voyaient imposer des horaires de travail et de sommeil fixés par la production, ils ne communiquait pas avec l'extérieur et évoluaient dans le temps et dans un lieu sans rapport avec leur vie personnelle. En 2010, la Cour de cassation s'était prononcée sur une situation qualifiée de stage. Un restaurant avait recouru à deux stagiaires étrangères en les employant, l'une en qualité d'aide-cuisine affectée à la plonge et l'autre en qualité de commis de cuisine. Les stages étaient sans rapport avec les études poursuivies et les deux jeunes n'avaient reçu aucune formation. Ainsi, il existait une véritable relation de travail | 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32646563343531613363326131626335 | article100976 | 5 | Le contrat de travail : les principales caractéristiques | Travail-Emploi | travail-emploi | Le contrat de travail existe dès l'instant où une personne (le salarié) s'engage à travailler, moyennant rémunération, pour le compte et sous la direction d'une autre personne (l'employeur) . Le plus souvent, le contrat de travail doit être écrit . Son exécution entraîne un certain nombre d' obligations, tant pour le salarié que pour l'employeur . | 06/12/2023 | https://travail-emploi.gouv.fr/le-contrat-de-travail-les-principales-caracteristiques | [
"Le contrat de travail : les principales caractéristiques"
] | relation de travail caractérisée par un lien de subordination. De la même manière, la seule signature d'un contrat dit de bénévolat entre une association et une personne, n'exclut pas l'existence d'un contrat de travail dès l'instant que les critères de ce dernier sont réunis. On peut noter que le Code du travail, dans sa septième partie, accorde à une liste de travailleurs en situation de dépendance économique un minimum de protection. Sont concernés les VRP, les journalistes professionnels, les artistes du spectacle, les mannequins, les concierges, les travailleurs à domicile et les gérants de succursale de commerce de détail alimentaire. C'est également le cas des travailleurs utilisant une plateforme de mise en relation par voie électronique. C'est ce que nous allons voir dans un zoom. L'essor des plateformes numériques a en effet renouvelé les enjeux autour de la protection des travailleurs économiquement dépendants. En fonction des caractéristiques concrètes de leur travail, ils sont soit des salariés, soit des travailleurs indépendants. Plusieurs arrêts emblématiques ont admis la requalification en contrats de travail des contrats des travailleurs des plateformes évoluant dans le champ de la mobilité, les livreurs et les chauffeurs de VTC, en premier lieu. Les plateformes qui ne se présentent pas comme des employeurs mais comme des outils de mise en relation,s'opposent à la reconnaissance d'un lien de subordination, invoquant le fait que les travailleurs restent | Le contrat de travail : les principales caractéristiques
Le contrat de travail existe dès l'instant où une personne (le salarié) s'engage à travailler, moyennant rémunération, pour le compte et sous la direction d'une autre personne (l'employeur) . Le plus souvent, le contrat de travail doit être écrit . Son exécution entraîne un certain nombre d' obligations, tant pour le salarié que pour l'employeur .
relation de travail caractérisée par un lien de subordination. De la même manière, la seule signature d'un contrat dit de bénévolat entre une association et une personne, n'exclut pas l'existence d'un contrat de travail dès l'instant que les critères de ce dernier sont réunis. On peut noter que le Code du travail, dans sa septième partie, accorde à une liste de travailleurs en situation de dépendance économique un minimum de protection. Sont concernés les VRP, les journalistes professionnels, les artistes du spectacle, les mannequins, les concierges, les travailleurs à domicile et les gérants de succursale de commerce de détail alimentaire. C'est également le cas des travailleurs utilisant une plateforme de mise en relation par voie électronique. C'est ce que nous allons voir dans un zoom. L'essor des plateformes numériques a en effet renouvelé les enjeux autour de la protection des travailleurs économiquement dépendants. En fonction des caractéristiques concrètes de leur travail, ils sont soit des salariés, soit des travailleurs indépendants. Plusieurs arrêts emblématiques ont admis la requalification en contrats de travail des contrats des travailleurs des plateformes évoluant dans le champ de la mobilité, les livreurs et les chauffeurs de VTC, en premier lieu. Les plateformes qui ne se présentent pas comme des employeurs mais comme des outils de mise en relation,s'opposent à la reconnaissance d'un lien de subordination, invoquant le fait que les travailleurs restent | 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37353237653331613131663232323539 | article100976 | 6 | Le contrat de travail : les principales caractéristiques | Travail-Emploi | travail-emploi | Le contrat de travail existe dès l'instant où une personne (le salarié) s'engage à travailler, moyennant rémunération, pour le compte et sous la direction d'une autre personne (l'employeur) . Le plus souvent, le contrat de travail doit être écrit . Son exécution entraîne un certain nombre d' obligations, tant pour le salarié que pour l'employeur . | 06/12/2023 | https://travail-emploi.gouv.fr/le-contrat-de-travail-les-principales-caracteristiques | [
"Le contrat de travail : les principales caractéristiques"
] | restent libres de déterminer eux mêmes les plages horaires au cours desquelles ils souhaitent travailler. Ces arguments n'ont pas convaincu la Cour de cassation dans l'arrêt relatif à Take Eat Easy de 2018. La Cour considère d'une part que l'application était dotée d'un système de géolocalisation permettant le suivi en temps réel par la société de la position du coursier et la comptabilisation du nombre total de kilomètres parcourus, de sorte que le rôle de la plateforme ne se limitait pas à la mise en relation du restaurateur, du client et du coursier. D'autre part, la société disposait d'un pouvoir de sanction à l'égard du coursier, constatation dont il résultait l'existence d'un pouvoir de direction et de contrôle de l'exécution de la prestation du livreur caractérisant un lien de subordination. Dans l'arrêt Uber de 2020, la Cour de cassation mobilise le critère du service organisé. Loin de décider librement de l'organisation de son activité, de rechercher une clientèle ou de choisir ses fournisseurs, le chauffeur a ainsi intégré un service de prestation de transport créé et entièrement organisé par la société Uber. La prestation n'existe que grâce à cette plateforme, le chauffeur ne constitue aucune clientèle propre, ne fixe pas librement ses tarifs ni les conditions d'exercice de sa prestation de transport, qui sont entièrement régis par la société Uber. Ces arrêts n'excluent pas que des travailleurs des plateformes relèvent toujours du statut d'indépendant, statut que | Le contrat de travail : les principales caractéristiques
Le contrat de travail existe dès l'instant où une personne (le salarié) s'engage à travailler, moyennant rémunération, pour le compte et sous la direction d'une autre personne (l'employeur) . Le plus souvent, le contrat de travail doit être écrit . Son exécution entraîne un certain nombre d' obligations, tant pour le salarié que pour l'employeur .
restent libres de déterminer eux mêmes les plages horaires au cours desquelles ils souhaitent travailler. Ces arguments n'ont pas convaincu la Cour de cassation dans l'arrêt relatif à Take Eat Easy de 2018. La Cour considère d'une part que l'application était dotée d'un système de géolocalisation permettant le suivi en temps réel par la société de la position du coursier et la comptabilisation du nombre total de kilomètres parcourus, de sorte que le rôle de la plateforme ne se limitait pas à la mise en relation du restaurateur, du client et du coursier. D'autre part, la société disposait d'un pouvoir de sanction à l'égard du coursier, constatation dont il résultait l'existence d'un pouvoir de direction et de contrôle de l'exécution de la prestation du livreur caractérisant un lien de subordination. Dans l'arrêt Uber de 2020, la Cour de cassation mobilise le critère du service organisé. Loin de décider librement de l'organisation de son activité, de rechercher une clientèle ou de choisir ses fournisseurs, le chauffeur a ainsi intégré un service de prestation de transport créé et entièrement organisé par la société Uber. La prestation n'existe que grâce à cette plateforme, le chauffeur ne constitue aucune clientèle propre, ne fixe pas librement ses tarifs ni les conditions d'exercice de sa prestation de transport, qui sont entièrement régis par la société Uber. Ces arrêts n'excluent pas que des travailleurs des plateformes relèvent toujours du statut d'indépendant, statut que | 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63623165353531623737623364343761 | article100976 | 7 | Le contrat de travail : les principales caractéristiques | Travail-Emploi | travail-emploi | Le contrat de travail existe dès l'instant où une personne (le salarié) s'engage à travailler, moyennant rémunération, pour le compte et sous la direction d'une autre personne (l'employeur) . Le plus souvent, le contrat de travail doit être écrit . Son exécution entraîne un certain nombre d' obligations, tant pour le salarié que pour l'employeur . | 06/12/2023 | https://travail-emploi.gouv.fr/le-contrat-de-travail-les-principales-caracteristiques | [
"Le contrat de travail : les principales caractéristiques"
] | statut que le juge peut remettre en cause, comme nous venons de le voir. Depuis 2016, le Code du travail comprend des dispositions sur les travailleurs indépendants des plateformes. Ces dispositions comprennent une responsabilité sociale de la plateforme et la reconnaissance de droits collectifs pour les travailleurs. Ceux-ci ne bénéficient pas des dispositions relatives à l'encadrement de la durée du travail et des temps de repos, au salaire minimum, aux congés payés, à l'encadrement de la rupture du contrat de travail, aux mesures de suivi de l'état de santé, aux dispositifs d'épargne salariale. Les seules règles du Code du travail applicables aux travailleurs des plateformes sont les règles spécifiques prévues dans la septième partie du Code du travail relative aux travailleurs particuliers. Parmi ces règles, certaines sont reprises de la réglementation du travail pour les salariés, comme le droit à la formation ou le droit de grève, mais sont adaptées aux travailleurs des plateformes. L'ensemble des règles relatives aux plateformes pourrait évoluer dans les années à venir sous l'impact du droit de l'Union européenne, qui, entre autres, prévoit d'instituer une présomption de salariat pour les travailleurs des plateformes de travail numérique. Concluons cet épisode par quelques mots sur le contentieux de la qualification de salarié. Le contentieux civil, tout d'abord. C'est au salarié qu'il appartient de prouver l'existence d'un contrat de travail si celui-ci est contesté. | Le contrat de travail : les principales caractéristiques
Le contrat de travail existe dès l'instant où une personne (le salarié) s'engage à travailler, moyennant rémunération, pour le compte et sous la direction d'une autre personne (l'employeur) . Le plus souvent, le contrat de travail doit être écrit . Son exécution entraîne un certain nombre d' obligations, tant pour le salarié que pour l'employeur .
statut que le juge peut remettre en cause, comme nous venons de le voir. Depuis 2016, le Code du travail comprend des dispositions sur les travailleurs indépendants des plateformes. Ces dispositions comprennent une responsabilité sociale de la plateforme et la reconnaissance de droits collectifs pour les travailleurs. Ceux-ci ne bénéficient pas des dispositions relatives à l'encadrement de la durée du travail et des temps de repos, au salaire minimum, aux congés payés, à l'encadrement de la rupture du contrat de travail, aux mesures de suivi de l'état de santé, aux dispositifs d'épargne salariale. Les seules règles du Code du travail applicables aux travailleurs des plateformes sont les règles spécifiques prévues dans la septième partie du Code du travail relative aux travailleurs particuliers. Parmi ces règles, certaines sont reprises de la réglementation du travail pour les salariés, comme le droit à la formation ou le droit de grève, mais sont adaptées aux travailleurs des plateformes. L'ensemble des règles relatives aux plateformes pourrait évoluer dans les années à venir sous l'impact du droit de l'Union européenne, qui, entre autres, prévoit d'instituer une présomption de salariat pour les travailleurs des plateformes de travail numérique. Concluons cet épisode par quelques mots sur le contentieux de la qualification de salarié. Le contentieux civil, tout d'abord. C'est au salarié qu'il appartient de prouver l'existence d'un contrat de travail si celui-ci est contesté. | 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62626463666337663764336664323839 | article100976 | 8 | Le contrat de travail : les principales caractéristiques | Travail-Emploi | travail-emploi | Le contrat de travail existe dès l'instant où une personne (le salarié) s'engage à travailler, moyennant rémunération, pour le compte et sous la direction d'une autre personne (l'employeur) . Le plus souvent, le contrat de travail doit être écrit . Son exécution entraîne un certain nombre d' obligations, tant pour le salarié que pour l'employeur . | 06/12/2023 | https://travail-emploi.gouv.fr/le-contrat-de-travail-les-principales-caracteristiques | [
"Le contrat de travail : les principales caractéristiques"
] | est contesté. Il mènera son action devant le conseil des prud’hommes. La question peut aussi être portée devant le tribunal judiciaire dans le cadre du contentieux des élections professionnelles. Par ailleurs, le pôle social du tribunal judiciaire peut être saisi, dans le cadre du contentieux de la protection sociale, sur la nature d'un contrat et d'assujettissement à la sécurité sociale. Le contentieux pénal ensuite, en cas de poursuites engagées par le procureur de la République, une condamnation au titre du travail dissimulé pourra être prononcée par le tribunal correctionnel. La chambre criminelle de la Cour de cassation, tout comme la chambre sociale, est ainsi amenée à examiner des affaires où la question de la subordination est posée. Notons que les pouvoirs publics ont adopté un plan de lutte contre le travail illégal qui comprend des dispositions sur le travail dissimulé et la lutte contre les faux statuts. Il y a en effet de faux stagiaires, de faux indépendants et de faux bénévoles qui sont de vrais salariés. Nous arrivons au terme de cette vidéo et il y a donc trois points à retenir. Premièrement, trois éléments caractérisent le contrat de travail : la fourniture d'un travail, le paiement d'une rémunération et l'existence d'un lien de subordination. Ensuite, la subordination se définit comme l'exécution d'un travail sous l'autorité d'un employeur qui a le pouvoir de donner des ordres, d'en contrôler l'exécution et de sanctionner les manquements. Enfin, | Le contrat de travail : les principales caractéristiques
Le contrat de travail existe dès l'instant où une personne (le salarié) s'engage à travailler, moyennant rémunération, pour le compte et sous la direction d'une autre personne (l'employeur) . Le plus souvent, le contrat de travail doit être écrit . Son exécution entraîne un certain nombre d' obligations, tant pour le salarié que pour l'employeur .
est contesté. Il mènera son action devant le conseil des prud’hommes. La question peut aussi être portée devant le tribunal judiciaire dans le cadre du contentieux des élections professionnelles. Par ailleurs, le pôle social du tribunal judiciaire peut être saisi, dans le cadre du contentieux de la protection sociale, sur la nature d'un contrat et d'assujettissement à la sécurité sociale. Le contentieux pénal ensuite, en cas de poursuites engagées par le procureur de la République, une condamnation au titre du travail dissimulé pourra être prononcée par le tribunal correctionnel. La chambre criminelle de la Cour de cassation, tout comme la chambre sociale, est ainsi amenée à examiner des affaires où la question de la subordination est posée. Notons que les pouvoirs publics ont adopté un plan de lutte contre le travail illégal qui comprend des dispositions sur le travail dissimulé et la lutte contre les faux statuts. Il y a en effet de faux stagiaires, de faux indépendants et de faux bénévoles qui sont de vrais salariés. Nous arrivons au terme de cette vidéo et il y a donc trois points à retenir. Premièrement, trois éléments caractérisent le contrat de travail : la fourniture d'un travail, le paiement d'une rémunération et l'existence d'un lien de subordination. Ensuite, la subordination se définit comme l'exécution d'un travail sous l'autorité d'un employeur qui a le pouvoir de donner des ordres, d'en contrôler l'exécution et de sanctionner les manquements. Enfin, | 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64336662623832633734336466396466 | article100976 | 9 | Le contrat de travail : les principales caractéristiques | Travail-Emploi | travail-emploi | Le contrat de travail existe dès l'instant où une personne (le salarié) s'engage à travailler, moyennant rémunération, pour le compte et sous la direction d'une autre personne (l'employeur) . Le plus souvent, le contrat de travail doit être écrit . Son exécution entraîne un certain nombre d' obligations, tant pour le salarié que pour l'employeur . | 06/12/2023 | https://travail-emploi.gouv.fr/le-contrat-de-travail-les-principales-caracteristiques | [
"Le contrat de travail : les principales caractéristiques"
] | manquements. Enfin, l'existence d'une relation de travail salariée ne dépend ni de la volonté exprimée par les parties, ni de la dénomination qu'elles ont donné à leur convention, mais des conditions de fait dans lesquelles est exercée l'activité.En savoir plus sur la web série « Droit du travail »Qui peut conclure un contrat de travail ? L’employeur peut être une personne physique (entrepreneur individuel...) ou une personne morale (association, SARL...). Dans ce cas, le contrat est conclu par la personne munie du pouvoir d’engager la société : gérant, directeur dont les fonctions comportent le recrutement de salariés, etc. Sur ce point, on signalera que, selon la jurisprudence de la Cour de cassation (arrêt du 15 déc. 2010), la « délégation du pouvoir de conclure un contrat de travail peut être tacite [...] ; elle peut découler des fonctions du salarié signataire du contrat pour le compte de l'employeur ». Côté salarié, toute personne peut conclure un contrat de travail avec, cependant, quelques restrictions concernant le majeur sous tutelle (le contrat doit alors être conclu avec son représentant, le tuteur) et les jeunes de moins de 18 ans. Ceux-ci ne peuvent en effet conclure de contrat de travail sans l'autorisation de leur représentant légal (père, mère, tuteur), sauf s'ils sont émancipés, c'est-à-dire considérés comme majeurs après décision de justice (voir précisions ci-après). En outre, selon leur âge certaines règles doivent être observées :Il est interdit | Le contrat de travail : les principales caractéristiques
Le contrat de travail existe dès l'instant où une personne (le salarié) s'engage à travailler, moyennant rémunération, pour le compte et sous la direction d'une autre personne (l'employeur) . Le plus souvent, le contrat de travail doit être écrit . Son exécution entraîne un certain nombre d' obligations, tant pour le salarié que pour l'employeur .
manquements. Enfin, l'existence d'une relation de travail salariée ne dépend ni de la volonté exprimée par les parties, ni de la dénomination qu'elles ont donné à leur convention, mais des conditions de fait dans lesquelles est exercée l'activité.En savoir plus sur la web série « Droit du travail »Qui peut conclure un contrat de travail ? L’employeur peut être une personne physique (entrepreneur individuel...) ou une personne morale (association, SARL...). Dans ce cas, le contrat est conclu par la personne munie du pouvoir d’engager la société : gérant, directeur dont les fonctions comportent le recrutement de salariés, etc. Sur ce point, on signalera que, selon la jurisprudence de la Cour de cassation (arrêt du 15 déc. 2010), la « délégation du pouvoir de conclure un contrat de travail peut être tacite [...] ; elle peut découler des fonctions du salarié signataire du contrat pour le compte de l'employeur ». Côté salarié, toute personne peut conclure un contrat de travail avec, cependant, quelques restrictions concernant le majeur sous tutelle (le contrat doit alors être conclu avec son représentant, le tuteur) et les jeunes de moins de 18 ans. Ceux-ci ne peuvent en effet conclure de contrat de travail sans l'autorisation de leur représentant légal (père, mère, tuteur), sauf s'ils sont émancipés, c'est-à-dire considérés comme majeurs après décision de justice (voir précisions ci-après). En outre, selon leur âge certaines règles doivent être observées :Il est interdit | 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36616130313765393637343765363637 | article100976 | 10 | Le contrat de travail : les principales caractéristiques | Travail-Emploi | travail-emploi | Le contrat de travail existe dès l'instant où une personne (le salarié) s'engage à travailler, moyennant rémunération, pour le compte et sous la direction d'une autre personne (l'employeur) . Le plus souvent, le contrat de travail doit être écrit . Son exécution entraîne un certain nombre d' obligations, tant pour le salarié que pour l'employeur . | 06/12/2023 | https://travail-emploi.gouv.fr/le-contrat-de-travail-les-principales-caracteristiques | [
"Le contrat de travail : les principales caractéristiques"
] | :Il est interdit d’employer des jeunes de moins de 16 ans, sauf cas particuliers :Pour les activités mentionnées à l’article L. 7124-1 du Code du travail (activités du spectacle, mannequinat, etc. ) sur autorisation du préfet ;Dans le cadre de l'apprentissage à partir de 15 ans ;Ou pendant une partie des vacances scolaires à partir de 14 ans ;Dans tous les cas, l’employeur est soumis à des contraintes spécifiques, en particulier en matière de sécurité et de durée du travail dès lors que le jeune a moins de 18 ans. Autorisation parentale pour les mineursL’autorisation écrite de travail pour les mineurs de moins de 18 ans n’étant pas considérée comme un acte courant de l’exercice de l’autorité parentale, l’accord écrit des deux parents est expressément requis. Lorsque les parents ne parviennent pas à s'entendre, celui d'entre eux qui souhaite consentir au travail de son enfant mineur non émancipé doit obtenir l'autorisation préalable du juge des tutelles. Un modèle de requête est disponible accompagné de sa notice explicative. Le contrat doit-il être écrit ? Seul le contrat à durée indéterminée (CDI) à temps complet peut être non-écrit (la convention collective applicable peut toutefois, même dans ce cas, imposer la rédaction d’un écrit). Le contrat est alors qualifié d'oral, de verbal ou de tacite (pour éviter des contentieux inutiles, il est toujours préférable de conclure un contrat de travail écrit). Toutefois, si le contrat reste verbal, l'employeur a l'obligation de | Le contrat de travail : les principales caractéristiques
Le contrat de travail existe dès l'instant où une personne (le salarié) s'engage à travailler, moyennant rémunération, pour le compte et sous la direction d'une autre personne (l'employeur) . Le plus souvent, le contrat de travail doit être écrit . Son exécution entraîne un certain nombre d' obligations, tant pour le salarié que pour l'employeur .
:Il est interdit d’employer des jeunes de moins de 16 ans, sauf cas particuliers :Pour les activités mentionnées à l’article L. 7124-1 du Code du travail (activités du spectacle, mannequinat, etc. ) sur autorisation du préfet ;Dans le cadre de l'apprentissage à partir de 15 ans ;Ou pendant une partie des vacances scolaires à partir de 14 ans ;Dans tous les cas, l’employeur est soumis à des contraintes spécifiques, en particulier en matière de sécurité et de durée du travail dès lors que le jeune a moins de 18 ans. Autorisation parentale pour les mineursL’autorisation écrite de travail pour les mineurs de moins de 18 ans n’étant pas considérée comme un acte courant de l’exercice de l’autorité parentale, l’accord écrit des deux parents est expressément requis. Lorsque les parents ne parviennent pas à s'entendre, celui d'entre eux qui souhaite consentir au travail de son enfant mineur non émancipé doit obtenir l'autorisation préalable du juge des tutelles. Un modèle de requête est disponible accompagné de sa notice explicative. Le contrat doit-il être écrit ? Seul le contrat à durée indéterminée (CDI) à temps complet peut être non-écrit (la convention collective applicable peut toutefois, même dans ce cas, imposer la rédaction d’un écrit). Le contrat est alors qualifié d'oral, de verbal ou de tacite (pour éviter des contentieux inutiles, il est toujours préférable de conclure un contrat de travail écrit). Toutefois, si le contrat reste verbal, l'employeur a l'obligation de | 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65353032363261373231333332303063 | article100976 | 11 | Le contrat de travail : les principales caractéristiques | Travail-Emploi | travail-emploi | Le contrat de travail existe dès l'instant où une personne (le salarié) s'engage à travailler, moyennant rémunération, pour le compte et sous la direction d'une autre personne (l'employeur) . Le plus souvent, le contrat de travail doit être écrit . Son exécution entraîne un certain nombre d' obligations, tant pour le salarié que pour l'employeur . | 06/12/2023 | https://travail-emploi.gouv.fr/le-contrat-de-travail-les-principales-caracteristiques | [
"Le contrat de travail : les principales caractéristiques"
] | a l'obligation de remettre au salarié un document écrit reprenant les informations contenues dans la déclaration préalable à l'embauche adressée à l'URSSAF (ou à la Mutualité sociale agricole - MSA). Cette obligation de remise est considérée comme satisfaite dès lors que le salarié dispose d’un contrat de travail écrit, accompagné de la mention de l’organisme destinataire de la déclaration (selon le cas, Urssaf ou caisse de MSA). Dans tous les cas, l’employeur est également tenu de remettre au salarié un ou plusieurs documents écrits précisant les informations essentielles relatives à la relation travail (le cas échéant, l’employeur peut utiliser, en les adaptant et en les actualisant si nécessaire, les modèles de documents figurant en annexe de l’arrêté du 3 juin 2024 cité en référence) ; sur cette obligation, issue de la loi du 9 mars 2023, du décret du 30 octobre 2023 et de l’arrêté précité pris pour son application, on se reportera aux précisions figurant sur notre site. Hormis le CDI à temps complet, tous les autres contrats doivent être écrits (en cas de recours au CESU pour un CDD ou un temps partiel, voir précisions sur notre site). Sont concernés :Le contrat à durée indéterminée à temps partiel ;Le contrat à durée déterminée ;Le contrat de travail à temps partiel ;Le contrat de travail intermittent ;Le contrat de travail temporaire ;Le contrat de professionnalisation ;Le contrat d'apprentissage ;Les contrats spécifiques prévus pour les personnes en difficulté, | Le contrat de travail : les principales caractéristiques
Le contrat de travail existe dès l'instant où une personne (le salarié) s'engage à travailler, moyennant rémunération, pour le compte et sous la direction d'une autre personne (l'employeur) . Le plus souvent, le contrat de travail doit être écrit . Son exécution entraîne un certain nombre d' obligations, tant pour le salarié que pour l'employeur .
a l'obligation de remettre au salarié un document écrit reprenant les informations contenues dans la déclaration préalable à l'embauche adressée à l'URSSAF (ou à la Mutualité sociale agricole - MSA). Cette obligation de remise est considérée comme satisfaite dès lors que le salarié dispose d’un contrat de travail écrit, accompagné de la mention de l’organisme destinataire de la déclaration (selon le cas, Urssaf ou caisse de MSA). Dans tous les cas, l’employeur est également tenu de remettre au salarié un ou plusieurs documents écrits précisant les informations essentielles relatives à la relation travail (le cas échéant, l’employeur peut utiliser, en les adaptant et en les actualisant si nécessaire, les modèles de documents figurant en annexe de l’arrêté du 3 juin 2024 cité en référence) ; sur cette obligation, issue de la loi du 9 mars 2023, du décret du 30 octobre 2023 et de l’arrêté précité pris pour son application, on se reportera aux précisions figurant sur notre site. Hormis le CDI à temps complet, tous les autres contrats doivent être écrits (en cas de recours au CESU pour un CDD ou un temps partiel, voir précisions sur notre site). Sont concernés :Le contrat à durée indéterminée à temps partiel ;Le contrat à durée déterminée ;Le contrat de travail à temps partiel ;Le contrat de travail intermittent ;Le contrat de travail temporaire ;Le contrat de professionnalisation ;Le contrat d'apprentissage ;Les contrats spécifiques prévus pour les personnes en difficulté, | 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66373832616138323863363266383763 | article100976 | 12 | Le contrat de travail : les principales caractéristiques | Travail-Emploi | travail-emploi | Le contrat de travail existe dès l'instant où une personne (le salarié) s'engage à travailler, moyennant rémunération, pour le compte et sous la direction d'une autre personne (l'employeur) . Le plus souvent, le contrat de travail doit être écrit . Son exécution entraîne un certain nombre d' obligations, tant pour le salarié que pour l'employeur . | 06/12/2023 | https://travail-emploi.gouv.fr/le-contrat-de-travail-les-principales-caracteristiques | [
"Le contrat de travail : les principales caractéristiques"
] | en difficulté, notamment le contrat unique d’insertion, dans sa forme contrat d’accompagnement dans l’emploi ou contrat initiative-emploi ;Les contrats conclus avec les groupements d’employeurs ;Le contrat de travail en portage salarial à durée déterminée, ou à durée indéterminée. Le portage salarialLe portage salarial désigne l'ensemble organisé constitué par :D'une part, la relation entre une entreprise dénommée « entreprise de portage salarial » effectuant une prestation au profit d'une entreprise cliente, qui donne lieu à la conclusion d'un contrat commercial de prestation de portage salarial ;D'autre part, le contrat de travail conclu entre l'entreprise de portage salarial et un salarié désigné comme étant le « salarié porté », lequel est rémunéré par cette entreprise. Le salarié porté justifie d'une expertise, d'une qualification et d'une autonomie qui lui permet de rechercher lui-même ses clients et de convenir avec eux des conditions d'exécution de sa prestation et de son prix. Il bénéficie d'une rémunération minimale définie par accord de branche étendu. A défaut d'accord de branche étendu, le montant de la rémunération mensuelle minimale est fixé à 75 % de la valeur mensuelle du plafond de la sécurité sociale (plafond fixé à 3 864 euros depuis le 1er janvier 2024) pour une activité équivalant à un temps plein. Les dispositions applicables au portage salarial figurent aux articles L. 1254-1 et suivants du Code du travail. Rédiger le contrat de travail : quelles | Le contrat de travail : les principales caractéristiques
Le contrat de travail existe dès l'instant où une personne (le salarié) s'engage à travailler, moyennant rémunération, pour le compte et sous la direction d'une autre personne (l'employeur) . Le plus souvent, le contrat de travail doit être écrit . Son exécution entraîne un certain nombre d' obligations, tant pour le salarié que pour l'employeur .
en difficulté, notamment le contrat unique d’insertion, dans sa forme contrat d’accompagnement dans l’emploi ou contrat initiative-emploi ;Les contrats conclus avec les groupements d’employeurs ;Le contrat de travail en portage salarial à durée déterminée, ou à durée indéterminée. Le portage salarialLe portage salarial désigne l'ensemble organisé constitué par :D'une part, la relation entre une entreprise dénommée « entreprise de portage salarial » effectuant une prestation au profit d'une entreprise cliente, qui donne lieu à la conclusion d'un contrat commercial de prestation de portage salarial ;D'autre part, le contrat de travail conclu entre l'entreprise de portage salarial et un salarié désigné comme étant le « salarié porté », lequel est rémunéré par cette entreprise. Le salarié porté justifie d'une expertise, d'une qualification et d'une autonomie qui lui permet de rechercher lui-même ses clients et de convenir avec eux des conditions d'exécution de sa prestation et de son prix. Il bénéficie d'une rémunération minimale définie par accord de branche étendu. A défaut d'accord de branche étendu, le montant de la rémunération mensuelle minimale est fixé à 75 % de la valeur mensuelle du plafond de la sécurité sociale (plafond fixé à 3 864 euros depuis le 1er janvier 2024) pour une activité équivalant à un temps plein. Les dispositions applicables au portage salarial figurent aux articles L. 1254-1 et suivants du Code du travail. Rédiger le contrat de travail : quelles | 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62363039373736646462363031303066 | article100976 | 13 | Le contrat de travail : les principales caractéristiques | Travail-Emploi | travail-emploi | Le contrat de travail existe dès l'instant où une personne (le salarié) s'engage à travailler, moyennant rémunération, pour le compte et sous la direction d'une autre personne (l'employeur) . Le plus souvent, le contrat de travail doit être écrit . Son exécution entraîne un certain nombre d' obligations, tant pour le salarié que pour l'employeur . | 06/12/2023 | https://travail-emploi.gouv.fr/le-contrat-de-travail-les-principales-caracteristiques | [
"Le contrat de travail : les principales caractéristiques"
] | travail : quelles règles respecter ? Lorsqu'il est conclu en France, le contrat doit être rédigé en français. Il peut toutefois comporter des termes étrangers, sans correspondance en français, s'ils sont clairement expliqués. Pour plus de précisions sur l’emploi de la langue française dans les relations de travail, on pourra utilement se reporter au document mis en ligne sur ce site. Le salarié étranger peut demander la traduction de son contrat dans sa langue d'origine. L'employeur et le salarié sont libres de négocier le contenu du contrat de travail. Deux règles doivent néanmoins être respectées :S'agissant d'un contrat dont la rédaction est imposée (contrat à durée déterminée, contrat de formation en alternance... - voir ci-dessus), il contient obligatoirement les mentions prévues par le Code du travail ;Toute autre clause peut être insérée (clause de mobilité... ) à condition de ne pas être contraire à l'ordre public. Ainsi par exemple, les clauses de célibat, les clauses discriminatoires ou celles prévoyant une rémunération inférieure au SMIC sont interdites et sans effet. Le contrat de travail peut-il comporter une période d'essai ? Oui, c’est une possibilité laissée à l’appréciation de l’employeur et du salarié. Prévoir une période d’essai permet à l’employeur comme au salarié de rompre, au cours de la période fixée, le contrat de travail sans formalité ni indemnité, mais en respectant un délai de prévenance. La période d’essai et la possibilité de son renouvellement | Le contrat de travail : les principales caractéristiques
Le contrat de travail existe dès l'instant où une personne (le salarié) s'engage à travailler, moyennant rémunération, pour le compte et sous la direction d'une autre personne (l'employeur) . Le plus souvent, le contrat de travail doit être écrit . Son exécution entraîne un certain nombre d' obligations, tant pour le salarié que pour l'employeur .
travail : quelles règles respecter ? Lorsqu'il est conclu en France, le contrat doit être rédigé en français. Il peut toutefois comporter des termes étrangers, sans correspondance en français, s'ils sont clairement expliqués. Pour plus de précisions sur l’emploi de la langue française dans les relations de travail, on pourra utilement se reporter au document mis en ligne sur ce site. Le salarié étranger peut demander la traduction de son contrat dans sa langue d'origine. L'employeur et le salarié sont libres de négocier le contenu du contrat de travail. Deux règles doivent néanmoins être respectées :S'agissant d'un contrat dont la rédaction est imposée (contrat à durée déterminée, contrat de formation en alternance... - voir ci-dessus), il contient obligatoirement les mentions prévues par le Code du travail ;Toute autre clause peut être insérée (clause de mobilité... ) à condition de ne pas être contraire à l'ordre public. Ainsi par exemple, les clauses de célibat, les clauses discriminatoires ou celles prévoyant une rémunération inférieure au SMIC sont interdites et sans effet. Le contrat de travail peut-il comporter une période d'essai ? Oui, c’est une possibilité laissée à l’appréciation de l’employeur et du salarié. Prévoir une période d’essai permet à l’employeur comme au salarié de rompre, au cours de la période fixée, le contrat de travail sans formalité ni indemnité, mais en respectant un délai de prévenance. La période d’essai et la possibilité de son renouvellement | 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64303336663635373236353663663366 | article100976 | 14 | Le contrat de travail : les principales caractéristiques | Travail-Emploi | travail-emploi | Le contrat de travail existe dès l'instant où une personne (le salarié) s'engage à travailler, moyennant rémunération, pour le compte et sous la direction d'une autre personne (l'employeur) . Le plus souvent, le contrat de travail doit être écrit . Son exécution entraîne un certain nombre d' obligations, tant pour le salarié que pour l'employeur . | 06/12/2023 | https://travail-emploi.gouv.fr/le-contrat-de-travail-les-principales-caracteristiques | [
"Le contrat de travail : les principales caractéristiques"
] | son renouvellement dans les limites fixées par la loi, ne se présument pas : elles doivent être mentionnées dans le contrat de travail ou dans la lettre d’engagement ; pour plus de précisions, on peut se reporter à la fiche consacrée à cette question. Des dispositions particulières s’appliquent au contrat à durée déterminéeLe contrat de travail ou la lettre d’engagement ne peut pas fixer une période d’essai d’une durée supérieure à celle prévue par la loi. De même, un salarié à temps partiel ne peut se voir imposer une période d’essai plus longue que celle d’un salarié à temps plein. Quelles obligations découlent du contrat de travail ? Employeur et salarié doivent respecter les obligations nées du contrat de travail et exécuter celui-ci de bonne foi. L'employeur est tenu de :Fournir un travail dans le cadre de l'horaire établi ;Verser le salaire correspondant au travail effectué ;Respecter les autres éléments essentiels du contrat (qualification, lieu de travail quand il est précisé dans le contrat... ) ;Faire effectuer le travail dans le respect du Code du travail et de la convention collective applicable à l'entreprise. Le salarié doit, quant à lui :Observer les horaires de travail ;Réaliser le travail demandé conformément aux instructions données ;Respecter les engagements mentionnés dans le contrat de travail et, lorsqu'il en existe un, les clauses du règlement intérieur ;Ne pas faire de concurrence déloyale à son employeur. Quelles sont les situations entraînant la | Le contrat de travail : les principales caractéristiques
Le contrat de travail existe dès l'instant où une personne (le salarié) s'engage à travailler, moyennant rémunération, pour le compte et sous la direction d'une autre personne (l'employeur) . Le plus souvent, le contrat de travail doit être écrit . Son exécution entraîne un certain nombre d' obligations, tant pour le salarié que pour l'employeur .
son renouvellement dans les limites fixées par la loi, ne se présument pas : elles doivent être mentionnées dans le contrat de travail ou dans la lettre d’engagement ; pour plus de précisions, on peut se reporter à la fiche consacrée à cette question. Des dispositions particulières s’appliquent au contrat à durée déterminéeLe contrat de travail ou la lettre d’engagement ne peut pas fixer une période d’essai d’une durée supérieure à celle prévue par la loi. De même, un salarié à temps partiel ne peut se voir imposer une période d’essai plus longue que celle d’un salarié à temps plein. Quelles obligations découlent du contrat de travail ? Employeur et salarié doivent respecter les obligations nées du contrat de travail et exécuter celui-ci de bonne foi. L'employeur est tenu de :Fournir un travail dans le cadre de l'horaire établi ;Verser le salaire correspondant au travail effectué ;Respecter les autres éléments essentiels du contrat (qualification, lieu de travail quand il est précisé dans le contrat... ) ;Faire effectuer le travail dans le respect du Code du travail et de la convention collective applicable à l'entreprise. Le salarié doit, quant à lui :Observer les horaires de travail ;Réaliser le travail demandé conformément aux instructions données ;Respecter les engagements mentionnés dans le contrat de travail et, lorsqu'il en existe un, les clauses du règlement intérieur ;Ne pas faire de concurrence déloyale à son employeur. Quelles sont les situations entraînant la | 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35383333373834303230366463313165 | article100976 | 15 | Le contrat de travail : les principales caractéristiques | Travail-Emploi | travail-emploi | Le contrat de travail existe dès l'instant où une personne (le salarié) s'engage à travailler, moyennant rémunération, pour le compte et sous la direction d'une autre personne (l'employeur) . Le plus souvent, le contrat de travail doit être écrit . Son exécution entraîne un certain nombre d' obligations, tant pour le salarié que pour l'employeur . | 06/12/2023 | https://travail-emploi.gouv.fr/le-contrat-de-travail-les-principales-caracteristiques | [
"Le contrat de travail : les principales caractéristiques"
] | entraînant la suspension du contrat de travail ? Dans un certain nombre de situations prévues par le Code du travail, le contrat de travail est suspendu, ce qui a pour principal effet de dispenser le salarié d’exécuter sa prestation de travail. De son côté, l’employeur est, en principe, dispensé du versement du salaire pour la période correspondant à la suspension du contrat ; il peut toutefois être tenu, selon les motifs de la suspension, au versement d’une indemnité (ex. : indemnité de congés payés) ou d’une allocation (ex. : activité partielle). Parmi les principaux congés ou absences entraînant la suspension du contrat de travail, on signalera (se reporter aux fiches en ligne sur notre site) :Les congés de maternité, de paternité et d’accueil de l’enfant ou d’adoption ;Les congés pour événements familiaux ;Le congé de présence parentale, le congé parental d’éducation, le congé de proche aidant, le congé de solidarité familiale ;Le congé sabbatique ;Le congé pour création ou reprise d’entreprise ;Les arrêts de travail pour maladie (professionnelle ou non), accidents du travail ou accidents de trajet;L’activité partielle ;Certains congés de formation ;Les absences au titre de la réserve opérationnelle, dans les conditions fixées par les articles L. 3142-89 à L. 3142-94-1 du code du travail. Au terme de la période de suspension, le salarié doit retrouver son emploi ou un emploi similaire assorti d’une rémunération au moins équivalente. Sauf cas particuliers (ex. : congé | Le contrat de travail : les principales caractéristiques
Le contrat de travail existe dès l'instant où une personne (le salarié) s'engage à travailler, moyennant rémunération, pour le compte et sous la direction d'une autre personne (l'employeur) . Le plus souvent, le contrat de travail doit être écrit . Son exécution entraîne un certain nombre d' obligations, tant pour le salarié que pour l'employeur .
entraînant la suspension du contrat de travail ? Dans un certain nombre de situations prévues par le Code du travail, le contrat de travail est suspendu, ce qui a pour principal effet de dispenser le salarié d’exécuter sa prestation de travail. De son côté, l’employeur est, en principe, dispensé du versement du salaire pour la période correspondant à la suspension du contrat ; il peut toutefois être tenu, selon les motifs de la suspension, au versement d’une indemnité (ex. : indemnité de congés payés) ou d’une allocation (ex. : activité partielle). Parmi les principaux congés ou absences entraînant la suspension du contrat de travail, on signalera (se reporter aux fiches en ligne sur notre site) :Les congés de maternité, de paternité et d’accueil de l’enfant ou d’adoption ;Les congés pour événements familiaux ;Le congé de présence parentale, le congé parental d’éducation, le congé de proche aidant, le congé de solidarité familiale ;Le congé sabbatique ;Le congé pour création ou reprise d’entreprise ;Les arrêts de travail pour maladie (professionnelle ou non), accidents du travail ou accidents de trajet;L’activité partielle ;Certains congés de formation ;Les absences au titre de la réserve opérationnelle, dans les conditions fixées par les articles L. 3142-89 à L. 3142-94-1 du code du travail. Au terme de la période de suspension, le salarié doit retrouver son emploi ou un emploi similaire assorti d’une rémunération au moins équivalente. Sauf cas particuliers (ex. : congé | 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63623864613365303738373462353335 | article100976 | 16 | Le contrat de travail : les principales caractéristiques | Travail-Emploi | travail-emploi | Le contrat de travail existe dès l'instant où une personne (le salarié) s'engage à travailler, moyennant rémunération, pour le compte et sous la direction d'une autre personne (l'employeur) . Le plus souvent, le contrat de travail doit être écrit . Son exécution entraîne un certain nombre d' obligations, tant pour le salarié que pour l'employeur . | 06/12/2023 | https://travail-emploi.gouv.fr/le-contrat-de-travail-les-principales-caracteristiques | [
"Le contrat de travail : les principales caractéristiques"
] | (ex. : congé de maternité, accidents du travail), la suspension de son contrat de travail ne le protège pas contre une éventuelle mesure de licenciement. Mobilité volontaire sécuriséeLe contrat de travail d’un salarié qui bénéficie d’une période de mobilité volontaire sécurisée est également suspendu.Textes de référence Articles L. 1211-1, L. 1221-1 à L. 1221-5, L. 1221-19 à L. 1221-26, R. 1221-1 , L. 1254-14 et L. 1254-20 et R. 1221-34 à R. 1221-41 du Code du travailLoi n° 2023-171 du 9 mars 2023 (JO du 10)Décret n° 2023-1004 du 30 octobre 2023 (JO du 31)Arrêté du 3 juin 2024 (JO du 16)Lire en complément Le contrat à durée déterminéeLe contrat de travail temporaireLe contrat de travail à temps partielLe contrat de travail intermittentL’embauche par un groupement d’employeursLes obligations de l’employeur lors de l’embaucheLe contrat unique d’insertion : dispositions généralesLa période d’essaiLe règlement intérieurLe job d’été : formalités et obligationsLe contrat d’apprentissageLa mobilité volontaire sécurisée | Le contrat de travail : les principales caractéristiques
Le contrat de travail existe dès l'instant où une personne (le salarié) s'engage à travailler, moyennant rémunération, pour le compte et sous la direction d'une autre personne (l'employeur) . Le plus souvent, le contrat de travail doit être écrit . Son exécution entraîne un certain nombre d' obligations, tant pour le salarié que pour l'employeur .
(ex. : congé de maternité, accidents du travail), la suspension de son contrat de travail ne le protège pas contre une éventuelle mesure de licenciement. Mobilité volontaire sécuriséeLe contrat de travail d’un salarié qui bénéficie d’une période de mobilité volontaire sécurisée est également suspendu.Textes de référence Articles L. 1211-1, L. 1221-1 à L. 1221-5, L. 1221-19 à L. 1221-26, R. 1221-1 , L. 1254-14 et L. 1254-20 et R. 1221-34 à R. 1221-41 du Code du travailLoi n° 2023-171 du 9 mars 2023 (JO du 10)Décret n° 2023-1004 du 30 octobre 2023 (JO du 31)Arrêté du 3 juin 2024 (JO du 16)Lire en complément Le contrat à durée déterminéeLe contrat de travail temporaireLe contrat de travail à temps partielLe contrat de travail intermittentL’embauche par un groupement d’employeursLes obligations de l’employeur lors de l’embaucheLe contrat unique d’insertion : dispositions généralesLa période d’essaiLe règlement intérieurLe job d’été : formalités et obligationsLe contrat d’apprentissageLa mobilité volontaire sécurisée | 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62336432643935313839353234373035 | article100977 | 0 | La période d'essai | Travail-Emploi | travail-emploi | La période d'essai permet à l'employeur d'évaluer les compétences du salarié dans son travail, notamment au regard de son expérience, et au salarié d'apprécier si les fonctions occupées lui conviennent. La période d’essai constitue ainsi une première phase du contrat de travail qui : n’est pas obligatoire ; doit, pour exister, être prévue dans le contrat de travail ou la lettre d’engagement ; a une durée maximale fixée par le Code du travail, les conventions collectives ou le contrat de travail, avec, dans certains cas (CDD, VRP...), application de règles particulières ; peut, sauf abus, être rompue librement sous réserve du respect d’un délai de prévenance. Au terme de la période d’essai, le salarié est définitivement embauché. | 19/05/2025 | https://travail-emploi.gouv.fr/la-periode-dessai | [
"La période d'essai"
] | À savoir ! Il ne faut pas confondre la période d’essai avec l’essai professionnel. Ce dernier, qui peut prendre la forme d’un test ou d’un examen, est réalisé avant toute embauche et ne constitue pas une période d’emploi. Par hypothèse, il doit être de très courte durée. | La période d'essai
La période d'essai permet à l'employeur d'évaluer les compétences du salarié dans son travail, notamment au regard de son expérience, et au salarié d'apprécier si les fonctions occupées lui conviennent. La période d’essai constitue ainsi une première phase du contrat de travail qui : n’est pas obligatoire ; doit, pour exister, être prévue dans le contrat de travail ou la lettre d’engagement ; a une durée maximale fixée par le Code du travail, les conventions collectives ou le contrat de travail, avec, dans certains cas (CDD, VRP...), application de règles particulières ; peut, sauf abus, être rompue librement sous réserve du respect d’un délai de prévenance. Au terme de la période d’essai, le salarié est définitivement embauché.
À savoir ! Il ne faut pas confondre la période d’essai avec l’essai professionnel. Ce dernier, qui peut prendre la forme d’un test ou d’un examen, est réalisé avant toute embauche et ne constitue pas une période d’emploi. Par hypothèse, il doit être de très courte durée. | 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37303835616537396332623539363732 | article100977 | 1 | La période d'essai | Travail-Emploi | travail-emploi | La période d'essai permet à l'employeur d'évaluer les compétences du salarié dans son travail, notamment au regard de son expérience, et au salarié d'apprécier si les fonctions occupées lui conviennent. La période d’essai constitue ainsi une première phase du contrat de travail qui : n’est pas obligatoire ; doit, pour exister, être prévue dans le contrat de travail ou la lettre d’engagement ; a une durée maximale fixée par le Code du travail, les conventions collectives ou le contrat de travail, avec, dans certains cas (CDD, VRP...), application de règles particulières ; peut, sauf abus, être rompue librement sous réserve du respect d’un délai de prévenance. Au terme de la période d’essai, le salarié est définitivement embauché. | 19/05/2025 | https://travail-emploi.gouv.fr/la-periode-dessai | [
"Quelles sont les conditions pour qu’il existe une période d’essai ?"
] | La période d'essai et la possibilité de la renouveler ne se présument pas. Pour qu’il y ait une période d’essai, celle-ci doit être expressément stipulée dans la lettre d’engagement ou le contrat de travail. La possibilité de renouveler la période d’essai doit également être stipulée dans l’un ou l’autre de ces documents. | La période d'essai
La période d'essai permet à l'employeur d'évaluer les compétences du salarié dans son travail, notamment au regard de son expérience, et au salarié d'apprécier si les fonctions occupées lui conviennent. La période d’essai constitue ainsi une première phase du contrat de travail qui : n’est pas obligatoire ; doit, pour exister, être prévue dans le contrat de travail ou la lettre d’engagement ; a une durée maximale fixée par le Code du travail, les conventions collectives ou le contrat de travail, avec, dans certains cas (CDD, VRP...), application de règles particulières ; peut, sauf abus, être rompue librement sous réserve du respect d’un délai de prévenance. Au terme de la période d’essai, le salarié est définitivement embauché.
La période d'essai et la possibilité de la renouveler ne se présument pas. Pour qu’il y ait une période d’essai, celle-ci doit être expressément stipulée dans la lettre d’engagement ou le contrat de travail. La possibilité de renouveler la période d’essai doit également être stipulée dans l’un ou l’autre de ces documents. | 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36613631663365653539323563343166 | article100977 | 2 | La période d'essai | Travail-Emploi | travail-emploi | La période d'essai permet à l'employeur d'évaluer les compétences du salarié dans son travail, notamment au regard de son expérience, et au salarié d'apprécier si les fonctions occupées lui conviennent. La période d’essai constitue ainsi une première phase du contrat de travail qui : n’est pas obligatoire ; doit, pour exister, être prévue dans le contrat de travail ou la lettre d’engagement ; a une durée maximale fixée par le Code du travail, les conventions collectives ou le contrat de travail, avec, dans certains cas (CDD, VRP...), application de règles particulières ; peut, sauf abus, être rompue librement sous réserve du respect d’un délai de prévenance. Au terme de la période d’essai, le salarié est définitivement embauché. | 19/05/2025 | https://travail-emploi.gouv.fr/la-periode-dessai | [
"Quelle est la durée de la période d’essai ?"
] | Durée initiale maximaleAu terme de l’article L. 1221-19 du Code du travail, le contrat de travail à durée indéterminée peut comporter une période d'essai dont la durée maximale est :de deux mois pour les ouvriers et les employés ;de trois mois pour les agents de maîtrise et les techniciens ;de quatre mois pour les cadres.Si le contrat de travail (ou la lettre d’engagement) prévoit une période d’essai, il doit en préciser la durée en respectant ces limites.Selon la Cour de cassation (Chambre sociale, 28 avril 2011), « sauf disposition conventionnelle ou contractuelle contraire, toute période d'essai, qu'elle soit exprimée en jours, en semaines ou en mois, se décompte de manière calendaire » (tous les jours du calendrier, du lundi au dimanche compris, y compris les jours fériés).Renouvellement de la période d'essaiLa période d'essai peut être renouvelée une fois si un accord de branche étendu le prévoit. Cet accord fixe les conditions et les durées de renouvellement. La possibilité de renouvellement est expressément stipulée dans la lettre d'engagement ou le contrat de travail.La durée de la période d'essai, renouvellement compris, ne peut pas dépasser (art. L. 1221-21) :quatre mois pour les ouvriers et employés ;six mois pour les agents de maîtrise et techniciens ;huit mois pour les cadres.Les durées de la période d'essai telles que fixées ci-dessus ont un caractère impératif, à l'exception :de durées plus courtes fixées par des accords collectifs conclus après le 26 juin | La période d'essai
La période d'essai permet à l'employeur d'évaluer les compétences du salarié dans son travail, notamment au regard de son expérience, et au salarié d'apprécier si les fonctions occupées lui conviennent. La période d’essai constitue ainsi une première phase du contrat de travail qui : n’est pas obligatoire ; doit, pour exister, être prévue dans le contrat de travail ou la lettre d’engagement ; a une durée maximale fixée par le Code du travail, les conventions collectives ou le contrat de travail, avec, dans certains cas (CDD, VRP...), application de règles particulières ; peut, sauf abus, être rompue librement sous réserve du respect d’un délai de prévenance. Au terme de la période d’essai, le salarié est définitivement embauché.
Durée initiale maximaleAu terme de l’article L. 1221-19 du Code du travail, le contrat de travail à durée indéterminée peut comporter une période d'essai dont la durée maximale est :de deux mois pour les ouvriers et les employés ;de trois mois pour les agents de maîtrise et les techniciens ;de quatre mois pour les cadres.Si le contrat de travail (ou la lettre d’engagement) prévoit une période d’essai, il doit en préciser la durée en respectant ces limites.Selon la Cour de cassation (Chambre sociale, 28 avril 2011), « sauf disposition conventionnelle ou contractuelle contraire, toute période d'essai, qu'elle soit exprimée en jours, en semaines ou en mois, se décompte de manière calendaire » (tous les jours du calendrier, du lundi au dimanche compris, y compris les jours fériés).Renouvellement de la période d'essaiLa période d'essai peut être renouvelée une fois si un accord de branche étendu le prévoit. Cet accord fixe les conditions et les durées de renouvellement. La possibilité de renouvellement est expressément stipulée dans la lettre d'engagement ou le contrat de travail.La durée de la période d'essai, renouvellement compris, ne peut pas dépasser (art. L. 1221-21) :quatre mois pour les ouvriers et employés ;six mois pour les agents de maîtrise et techniciens ;huit mois pour les cadres.Les durées de la période d'essai telles que fixées ci-dessus ont un caractère impératif, à l'exception :de durées plus courtes fixées par des accords collectifs conclus après le 26 juin | 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65623765336136386134313338333861 | article100977 | 9 | La période d'essai | Travail-Emploi | travail-emploi | La période d'essai permet à l'employeur d'évaluer les compétences du salarié dans son travail, notamment au regard de son expérience, et au salarié d'apprécier si les fonctions occupées lui conviennent. La période d’essai constitue ainsi une première phase du contrat de travail qui : n’est pas obligatoire ; doit, pour exister, être prévue dans le contrat de travail ou la lettre d’engagement ; a une durée maximale fixée par le Code du travail, les conventions collectives ou le contrat de travail, avec, dans certains cas (CDD, VRP...), application de règles particulières ; peut, sauf abus, être rompue librement sous réserve du respect d’un délai de prévenance. Au terme de la période d’essai, le salarié est définitivement embauché. | 19/05/2025 | https://travail-emploi.gouv.fr/la-periode-dessai | [
"La période d’essai peut-elle être rompue ?"
] | Le contrat à durée déterminée (CDD) Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un... Fiche pratique Date de mise à jour le 16 avril 2025 Recruter une assistante maternelle ou un assistant maternel L'assistant maternel est la personne qui, moyennant rémunération, accueille habituellement et de façon non permanente des mineurs... Fiche pratique Date de mise à jour le 14 mai 2025 Le contrat de travail temporaire La conclusion d'un contrat de travail temporaire n'est possible que pour l'exécution d'une tâche précise et temporaire, dénommée... Fiche pratique Date de mise à jour le 16 avril 2025 Le travail à temps partagé Des entreprises de travail à temps partagé (ETTP) peuvent être créées dans le but exclusif de mettre à disposition d'entreprises... Fiche pratique Date de mise à jour le 16 avril 2025À lire sur service-public. fr Période d'essai pour un salariéQu'est-ce qu'une période probatoire pour le salarié ? Un salarié peut-il faire plusieurs périodes d'essai chez le même employeur ? Embauche à la fin d'un stage : quelles conséquences sur la période d'essai ? Particulier employeur : période d'essai du salarié employé à domicile | La période d'essai
La période d'essai permet à l'employeur d'évaluer les compétences du salarié dans son travail, notamment au regard de son expérience, et au salarié d'apprécier si les fonctions occupées lui conviennent. La période d’essai constitue ainsi une première phase du contrat de travail qui : n’est pas obligatoire ; doit, pour exister, être prévue dans le contrat de travail ou la lettre d’engagement ; a une durée maximale fixée par le Code du travail, les conventions collectives ou le contrat de travail, avec, dans certains cas (CDD, VRP...), application de règles particulières ; peut, sauf abus, être rompue librement sous réserve du respect d’un délai de prévenance. Au terme de la période d’essai, le salarié est définitivement embauché.
Le contrat à durée déterminée (CDD) Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un... Fiche pratique Date de mise à jour le 16 avril 2025 Recruter une assistante maternelle ou un assistant maternel L'assistant maternel est la personne qui, moyennant rémunération, accueille habituellement et de façon non permanente des mineurs... Fiche pratique Date de mise à jour le 14 mai 2025 Le contrat de travail temporaire La conclusion d'un contrat de travail temporaire n'est possible que pour l'exécution d'une tâche précise et temporaire, dénommée... Fiche pratique Date de mise à jour le 16 avril 2025 Le travail à temps partagé Des entreprises de travail à temps partagé (ETTP) peuvent être créées dans le but exclusif de mettre à disposition d'entreprises... Fiche pratique Date de mise à jour le 16 avril 2025À lire sur service-public. fr Période d'essai pour un salariéQu'est-ce qu'une période probatoire pour le salarié ? Un salarié peut-il faire plusieurs périodes d'essai chez le même employeur ? Embauche à la fin d'un stage : quelles conséquences sur la période d'essai ? Particulier employeur : période d'essai du salarié employé à domicile | 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34386564363263323838363466663330 | article100977 | 10 | La période d'essai | Travail-Emploi | travail-emploi | La période d'essai permet à l'employeur d'évaluer les compétences du salarié dans son travail, notamment au regard de son expérience, et au salarié d'apprécier si les fonctions occupées lui conviennent. La période d’essai constitue ainsi une première phase du contrat de travail qui : n’est pas obligatoire ; doit, pour exister, être prévue dans le contrat de travail ou la lettre d’engagement ; a une durée maximale fixée par le Code du travail, les conventions collectives ou le contrat de travail, avec, dans certains cas (CDD, VRP...), application de règles particulières ; peut, sauf abus, être rompue librement sous réserve du respect d’un délai de prévenance. Au terme de la période d’essai, le salarié est définitivement embauché. | 19/05/2025 | https://travail-emploi.gouv.fr/la-periode-dessai | [
"Qui contacter ?"
] | Inspection du travailReprésentants du personnel | La période d'essai
La période d'essai permet à l'employeur d'évaluer les compétences du salarié dans son travail, notamment au regard de son expérience, et au salarié d'apprécier si les fonctions occupées lui conviennent. La période d’essai constitue ainsi une première phase du contrat de travail qui : n’est pas obligatoire ; doit, pour exister, être prévue dans le contrat de travail ou la lettre d’engagement ; a une durée maximale fixée par le Code du travail, les conventions collectives ou le contrat de travail, avec, dans certains cas (CDD, VRP...), application de règles particulières ; peut, sauf abus, être rompue librement sous réserve du respect d’un délai de prévenance. Au terme de la période d’essai, le salarié est définitivement embauché.
Inspection du travailReprésentants du personnel | 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35643465393535386638313138333761 | article100977 | 11 | La période d'essai | Travail-Emploi | travail-emploi | La période d'essai permet à l'employeur d'évaluer les compétences du salarié dans son travail, notamment au regard de son expérience, et au salarié d'apprécier si les fonctions occupées lui conviennent. La période d’essai constitue ainsi une première phase du contrat de travail qui : n’est pas obligatoire ; doit, pour exister, être prévue dans le contrat de travail ou la lettre d’engagement ; a une durée maximale fixée par le Code du travail, les conventions collectives ou le contrat de travail, avec, dans certains cas (CDD, VRP...), application de règles particulières ; peut, sauf abus, être rompue librement sous réserve du respect d’un délai de prévenance. Au terme de la période d’essai, le salarié est définitivement embauché. | 19/05/2025 | https://travail-emploi.gouv.fr/la-periode-dessai | [
"Textes de référence"
] | Articles L. 1221-19 à L. 1221-26, L. 1231-1, L. 1242-10 et L. 1242-11, L. 1251-14 et L. 1251-15 et L. 7313-5 du Code du travail | La période d'essai
La période d'essai permet à l'employeur d'évaluer les compétences du salarié dans son travail, notamment au regard de son expérience, et au salarié d'apprécier si les fonctions occupées lui conviennent. La période d’essai constitue ainsi une première phase du contrat de travail qui : n’est pas obligatoire ; doit, pour exister, être prévue dans le contrat de travail ou la lettre d’engagement ; a une durée maximale fixée par le Code du travail, les conventions collectives ou le contrat de travail, avec, dans certains cas (CDD, VRP...), application de règles particulières ; peut, sauf abus, être rompue librement sous réserve du respect d’un délai de prévenance. Au terme de la période d’essai, le salarié est définitivement embauché.
Articles L. 1221-19 à L. 1221-26, L. 1231-1, L. 1242-10 et L. 1242-11, L. 1251-14 et L. 1251-15 et L. 7313-5 du Code du travail | 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66386530303062363538333733376461 | article100977 | 12 | La période d'essai | Travail-Emploi | travail-emploi | La période d'essai permet à l'employeur d'évaluer les compétences du salarié dans son travail, notamment au regard de son expérience, et au salarié d'apprécier si les fonctions occupées lui conviennent. La période d’essai constitue ainsi une première phase du contrat de travail qui : n’est pas obligatoire ; doit, pour exister, être prévue dans le contrat de travail ou la lettre d’engagement ; a une durée maximale fixée par le Code du travail, les conventions collectives ou le contrat de travail, avec, dans certains cas (CDD, VRP...), application de règles particulières ; peut, sauf abus, être rompue librement sous réserve du respect d’un délai de prévenance. Au terme de la période d’essai, le salarié est définitivement embauché. | 19/05/2025 | https://travail-emploi.gouv.fr/la-periode-dessai | [
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La période d'essai permet à l'employeur d'évaluer les compétences du salarié dans son travail, notamment au regard de son expérience, et au salarié d'apprécier si les fonctions occupées lui conviennent. La période d’essai constitue ainsi une première phase du contrat de travail qui : n’est pas obligatoire ; doit, pour exister, être prévue dans le contrat de travail ou la lettre d’engagement ; a une durée maximale fixée par le Code du travail, les conventions collectives ou le contrat de travail, avec, dans certains cas (CDD, VRP...), application de règles particulières ; peut, sauf abus, être rompue librement sous réserve du respect d’un délai de prévenance. Au terme de la période d’essai, le salarié est définitivement embauché.
Quelle est la durée maximale de la période d'essai, sans et avec renouvellement ? (Code du travail numérique) | 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66653834373333323962363861383735 | article100977 | 13 | La période d'essai | Travail-Emploi | travail-emploi | La période d'essai permet à l'employeur d'évaluer les compétences du salarié dans son travail, notamment au regard de son expérience, et au salarié d'apprécier si les fonctions occupées lui conviennent. La période d’essai constitue ainsi une première phase du contrat de travail qui : n’est pas obligatoire ; doit, pour exister, être prévue dans le contrat de travail ou la lettre d’engagement ; a une durée maximale fixée par le Code du travail, les conventions collectives ou le contrat de travail, avec, dans certains cas (CDD, VRP...), application de règles particulières ; peut, sauf abus, être rompue librement sous réserve du respect d’un délai de prévenance. Au terme de la période d’essai, le salarié est définitivement embauché. | 19/05/2025 | https://travail-emploi.gouv.fr/la-periode-dessai | [
"Modèles de documents"
] | Rupture du contrat en période d’essai par le salarié (Code du travail numérique)Demande d’accord du salarié pour le renouvellement d’une période d’essai (Code du travail numérique)Rupture de période d’essai par l’employeur (Code du travail numérique) | La période d'essai
La période d'essai permet à l'employeur d'évaluer les compétences du salarié dans son travail, notamment au regard de son expérience, et au salarié d'apprécier si les fonctions occupées lui conviennent. La période d’essai constitue ainsi une première phase du contrat de travail qui : n’est pas obligatoire ; doit, pour exister, être prévue dans le contrat de travail ou la lettre d’engagement ; a une durée maximale fixée par le Code du travail, les conventions collectives ou le contrat de travail, avec, dans certains cas (CDD, VRP...), application de règles particulières ; peut, sauf abus, être rompue librement sous réserve du respect d’un délai de prévenance. Au terme de la période d’essai, le salarié est définitivement embauché.
Rupture du contrat en période d’essai par le salarié (Code du travail numérique)Demande d’accord du salarié pour le renouvellement d’une période d’essai (Code du travail numérique)Rupture de période d’essai par l’employeur (Code du travail numérique) | 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66396335373135636365636635393765 | article100977 | 14 | La période d'essai | Travail-Emploi | travail-emploi | La période d'essai permet à l'employeur d'évaluer les compétences du salarié dans son travail, notamment au regard de son expérience, et au salarié d'apprécier si les fonctions occupées lui conviennent. La période d’essai constitue ainsi une première phase du contrat de travail qui : n’est pas obligatoire ; doit, pour exister, être prévue dans le contrat de travail ou la lettre d’engagement ; a une durée maximale fixée par le Code du travail, les conventions collectives ou le contrat de travail, avec, dans certains cas (CDD, VRP...), application de règles particulières ; peut, sauf abus, être rompue librement sous réserve du respect d’un délai de prévenance. Au terme de la période d’essai, le salarié est définitivement embauché. | 19/05/2025 | https://travail-emploi.gouv.fr/la-periode-dessai | [
"À lire sur ce site"
] | Le CDD conclu avant un CDI réduit la durée de la période d'essai Lors d'une embauche en CDI après un ou plusieurs CDD pour le même employeur, la durée est déduite de la période d’essai. Arrêt Publié le 4 octobre 2024 Le contrat de travail à durée indéterminée (CDI) Le contrat de travail à durée indéterminée (CDI) est la forme normale et générale de la relation de travail. Par définition, il... Fiche pratique Date de mise à jour le 27 mai 2024 Le contrat à durée déterminée (CDD) Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un... Fiche pratique Date de mise à jour le 16 avril 2025 Recruter une assistante maternelle ou un assistant maternel L'assistant maternel est la personne qui, moyennant rémunération, accueille habituellement et de façon non permanente des mineurs... Fiche pratique Date de mise à jour le 14 mai 2025 Le contrat de travail temporaire La conclusion d'un contrat de travail temporaire n'est possible que pour l'exécution d'une tâche précise et temporaire, dénommée... Fiche pratique Date de mise à jour le 16 avril 2025 Le travail à temps partagé Des entreprises de travail à temps partagé (ETTP) peuvent être créées dans le but exclusif de mettre à disposition d'entreprises... Fiche pratique Date de mise à jour le 16 avril 2025 | La période d'essai
La période d'essai permet à l'employeur d'évaluer les compétences du salarié dans son travail, notamment au regard de son expérience, et au salarié d'apprécier si les fonctions occupées lui conviennent. La période d’essai constitue ainsi une première phase du contrat de travail qui : n’est pas obligatoire ; doit, pour exister, être prévue dans le contrat de travail ou la lettre d’engagement ; a une durée maximale fixée par le Code du travail, les conventions collectives ou le contrat de travail, avec, dans certains cas (CDD, VRP...), application de règles particulières ; peut, sauf abus, être rompue librement sous réserve du respect d’un délai de prévenance. Au terme de la période d’essai, le salarié est définitivement embauché.
Le CDD conclu avant un CDI réduit la durée de la période d'essai Lors d'une embauche en CDI après un ou plusieurs CDD pour le même employeur, la durée est déduite de la période d’essai. Arrêt Publié le 4 octobre 2024 Le contrat de travail à durée indéterminée (CDI) Le contrat de travail à durée indéterminée (CDI) est la forme normale et générale de la relation de travail. Par définition, il... Fiche pratique Date de mise à jour le 27 mai 2024 Le contrat à durée déterminée (CDD) Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un... Fiche pratique Date de mise à jour le 16 avril 2025 Recruter une assistante maternelle ou un assistant maternel L'assistant maternel est la personne qui, moyennant rémunération, accueille habituellement et de façon non permanente des mineurs... Fiche pratique Date de mise à jour le 14 mai 2025 Le contrat de travail temporaire La conclusion d'un contrat de travail temporaire n'est possible que pour l'exécution d'une tâche précise et temporaire, dénommée... Fiche pratique Date de mise à jour le 16 avril 2025 Le travail à temps partagé Des entreprises de travail à temps partagé (ETTP) peuvent être créées dans le but exclusif de mettre à disposition d'entreprises... Fiche pratique Date de mise à jour le 16 avril 2025 | 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33616164306662666135323364323831 | article100977 | 15 | La période d'essai | Travail-Emploi | travail-emploi | La période d'essai permet à l'employeur d'évaluer les compétences du salarié dans son travail, notamment au regard de son expérience, et au salarié d'apprécier si les fonctions occupées lui conviennent. La période d’essai constitue ainsi une première phase du contrat de travail qui : n’est pas obligatoire ; doit, pour exister, être prévue dans le contrat de travail ou la lettre d’engagement ; a une durée maximale fixée par le Code du travail, les conventions collectives ou le contrat de travail, avec, dans certains cas (CDD, VRP...), application de règles particulières ; peut, sauf abus, être rompue librement sous réserve du respect d’un délai de prévenance. Au terme de la période d’essai, le salarié est définitivement embauché. | 19/05/2025 | https://travail-emploi.gouv.fr/la-periode-dessai | [
"À lire sur service-public. fr"
] | Période d'essai pour un salariéQu'est-ce qu'une période probatoire pour le salarié ? Un salarié peut-il faire plusieurs périodes d'essai chez le même employeur ? Embauche à la fin d'un stage : quelles conséquences sur la période d'essai ? Particulier employeur : période d'essai du salarié employé à domicile | La période d'essai
La période d'essai permet à l'employeur d'évaluer les compétences du salarié dans son travail, notamment au regard de son expérience, et au salarié d'apprécier si les fonctions occupées lui conviennent. La période d’essai constitue ainsi une première phase du contrat de travail qui : n’est pas obligatoire ; doit, pour exister, être prévue dans le contrat de travail ou la lettre d’engagement ; a une durée maximale fixée par le Code du travail, les conventions collectives ou le contrat de travail, avec, dans certains cas (CDD, VRP...), application de règles particulières ; peut, sauf abus, être rompue librement sous réserve du respect d’un délai de prévenance. Au terme de la période d’essai, le salarié est définitivement embauché.
Période d'essai pour un salariéQu'est-ce qu'une période probatoire pour le salarié ? Un salarié peut-il faire plusieurs périodes d'essai chez le même employeur ? Embauche à la fin d'un stage : quelles conséquences sur la période d'essai ? Particulier employeur : période d'essai du salarié employé à domicile | 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35393731396636626165373666343031 | article100979 | 0 | Le contrat à durée déterminée (CDD) | Travail-Emploi | travail-emploi | Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise . | 16/04/2025 | https://travail-emploi.gouv.fr/le-contrat-duree-determinee-cdd | [
"Le contrat à durée déterminée (CDD)"
] | À savoir ! Lorsqu’il est conclu en dehors du cadre légal, le contrat de travail à durée déterminée peut être requalifié en contrat de travail à durée indéterminée. | Le contrat à durée déterminée (CDD)
Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise .
À savoir ! Lorsqu’il est conclu en dehors du cadre légal, le contrat de travail à durée déterminée peut être requalifié en contrat de travail à durée indéterminée. | 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66306334373263363664303739393434 | article100979 | 1 | Le contrat à durée déterminée (CDD) | Travail-Emploi | travail-emploi | Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise . | 16/04/2025 | https://travail-emploi.gouv.fr/le-contrat-duree-determinee-cdd | [
"Le contrat à durée déterminée (CDD) en vidéo (web série droit du travail)"
] | La conclusion du contrat à durée déterminéeLire la retranscription textuelle La précarité au travail impacte fortement les conditions d’emploi et de vie des travailleurs. Les travailleurs recrutés en CDD peuvent être victimes d’un traitement différent voire discriminatoire par rapport aux salariés en CDI. Sur le plan de la santé et de la sécurité, les travailleurs précaires constituent une population plus exposée que d’autres travailleurs aux risques professionnels et aux accidents du travail. Le recours aux CDD est en conséquence strictement encadré. Quels sont les cas de recours autorisés et quelles formes ce type de contrat doit-il respecter ? C'est ce que nous allons voir. Bonjour, c'est Honorine et aujourd'hui je vais vous présenter les règles relatives à la conclusion du contrat à durée déterminée, un épisode d'une série consacrée au droit du travail. Le CDI est la forme générale et permanente du contrat de travail. À l'inverse, le CDD est un contrat d'exception. Pour être valable, il doit satisfaire aux deux conditions prévues par l’article L. 1242-1 du code du travail : d'une part, avoir été conclu pour l'exécution d'une tâche précise et temporaire et d'autre part, ne pas avoir, quel que soit son motif, ni pour objet ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise. Il n'est par ailleurs possible d'y avoir recours que dans des cas limités. Nous les examinerons dans une première partie. Dérogatoire au droit commun | Le contrat à durée déterminée (CDD)
Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise .
La conclusion du contrat à durée déterminéeLire la retranscription textuelle La précarité au travail impacte fortement les conditions d’emploi et de vie des travailleurs. Les travailleurs recrutés en CDD peuvent être victimes d’un traitement différent voire discriminatoire par rapport aux salariés en CDI. Sur le plan de la santé et de la sécurité, les travailleurs précaires constituent une population plus exposée que d’autres travailleurs aux risques professionnels et aux accidents du travail. Le recours aux CDD est en conséquence strictement encadré. Quels sont les cas de recours autorisés et quelles formes ce type de contrat doit-il respecter ? C'est ce que nous allons voir. Bonjour, c'est Honorine et aujourd'hui je vais vous présenter les règles relatives à la conclusion du contrat à durée déterminée, un épisode d'une série consacrée au droit du travail. Le CDI est la forme générale et permanente du contrat de travail. À l'inverse, le CDD est un contrat d'exception. Pour être valable, il doit satisfaire aux deux conditions prévues par l’article L. 1242-1 du code du travail : d'une part, avoir été conclu pour l'exécution d'une tâche précise et temporaire et d'autre part, ne pas avoir, quel que soit son motif, ni pour objet ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise. Il n'est par ailleurs possible d'y avoir recours que dans des cas limités. Nous les examinerons dans une première partie. Dérogatoire au droit commun | 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63346538653230323034326137666133 | article100979 | 33 | Le contrat à durée déterminée (CDD) | Travail-Emploi | travail-emploi | Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise . | 16/04/2025 | https://travail-emploi.gouv.fr/le-contrat-duree-determinee-cdd | [
"Le contrat à durée déterminée (CDD) en vidéo (web série droit du travail)"
] | la qualification du salarié remplacé, s'il s'agit du remplacement d'un salarié ou de la personne remplacée visée aux 4° et 5° de l'article L. 1242-2 du Code du travail (chef d'entreprise artisanale, industrielle ou commerciale, profession libérale, chef d'exploitation agricole, aide familial... ) ;La date de fin du contrat et le cas échéant une clause de renouvellement, ou la durée minimale, pour les contrats à terme incertain ;Le poste de travail occupé par le salarié (et le cas échéant la mention que le poste occupé figure sur la liste des postes de travail présentant des risques particuliers pour la santé et la sécurité de cette catégorie de salariés) ;L'intitulé de la convention collective applicable ;La durée de la période d'essai éventuellement prévue ;Le montant de la rémunération et de ses différentes composantes (y compris primes et accessoires de salaire) ;Le nom et l'adresse de la caisse de retraite complémentaire et, le cas échéant, ceux de l'organisme de prévoyance. Ce contrat doit être transmis au salarié au plus tard dans les deux jours ouvrables qui suivent le jour de l'embauche. Il en résulte, selon la Cour de cassation (arrêt du 29 octobre 2008), que l'employeur doit disposer d'un délai de deux jours plein pour accomplir cette formalité ; le jour de l'embauche ne compte pas dans le délai, non plus que le dimanche qui n'est pas un jour ouvrable. Sanctions en l'absence de transmission du CDD au salariéLa méconnaissance de l'obligation de transmission du CDD | Le contrat à durée déterminée (CDD)
Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise .
la qualification du salarié remplacé, s'il s'agit du remplacement d'un salarié ou de la personne remplacée visée aux 4° et 5° de l'article L. 1242-2 du Code du travail (chef d'entreprise artisanale, industrielle ou commerciale, profession libérale, chef d'exploitation agricole, aide familial... ) ;La date de fin du contrat et le cas échéant une clause de renouvellement, ou la durée minimale, pour les contrats à terme incertain ;Le poste de travail occupé par le salarié (et le cas échéant la mention que le poste occupé figure sur la liste des postes de travail présentant des risques particuliers pour la santé et la sécurité de cette catégorie de salariés) ;L'intitulé de la convention collective applicable ;La durée de la période d'essai éventuellement prévue ;Le montant de la rémunération et de ses différentes composantes (y compris primes et accessoires de salaire) ;Le nom et l'adresse de la caisse de retraite complémentaire et, le cas échéant, ceux de l'organisme de prévoyance. Ce contrat doit être transmis au salarié au plus tard dans les deux jours ouvrables qui suivent le jour de l'embauche. Il en résulte, selon la Cour de cassation (arrêt du 29 octobre 2008), que l'employeur doit disposer d'un délai de deux jours plein pour accomplir cette formalité ; le jour de l'embauche ne compte pas dans le délai, non plus que le dimanche qui n'est pas un jour ouvrable. Sanctions en l'absence de transmission du CDD au salariéLa méconnaissance de l'obligation de transmission du CDD | 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31656664373330356334383032386461 | article100979 | 2 | Le contrat à durée déterminée (CDD) | Travail-Emploi | travail-emploi | Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise . | 16/04/2025 | https://travail-emploi.gouv.fr/le-contrat-duree-determinee-cdd | [
"Le contrat à durée déterminée (CDD) en vidéo (web série droit du travail)"
] | au droit commun et provisoire par nature, le CDD est soumis à un régime juridique que nous aborderons dans une seconde partie. Nous conclurons avec le contentieux relatif au non respect des règles qui encadrent le CDD. Le code du travail énumère de manière limitative les cas de recours au CDD. Il vise ainsi précisément le remplacement du salarié absent, l'accroissement temporaire d'activité, l'exécution de travaux temporaires par nature. À côté de ces trois cas de recours, la loi prévoit aussi la possibilité d’user des CDD pour certains contrats liés à la politique de l’emploi. Commençons par le recours au CDD en vue d’un remplacement. Ce cas de recours recouvre des situations très diverses. Il peut d’abord s’agir de faire face à une absence ou toute suspension du contrat de travail d’un salarié. Le CDD conclu en vue du remplacement d'un salarié absent est la situation la plus courante s'agissant de ce premier motif de recours. Il s'agit bien évidemment de pallier une absence temporaire. Pallier à une demande de passage à temps partiel provisoire d'un salarié ou opérer un relais entre le départ définitif d'un salarié et l'entrée en service du nouveau titulaire du poste, peuvent également justifier de recourir au CDD pour remplacement. Second motif de recours au CDD, l'accroissement temporaire d'activité. L'employeur peut, dans ce cadre, embaucher un salarié pour faire face à une augmentation temporaire de l'activité habituelle de l'entreprise. Cette hypothèse recouvre | Le contrat à durée déterminée (CDD)
Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise .
au droit commun et provisoire par nature, le CDD est soumis à un régime juridique que nous aborderons dans une seconde partie. Nous conclurons avec le contentieux relatif au non respect des règles qui encadrent le CDD. Le code du travail énumère de manière limitative les cas de recours au CDD. Il vise ainsi précisément le remplacement du salarié absent, l'accroissement temporaire d'activité, l'exécution de travaux temporaires par nature. À côté de ces trois cas de recours, la loi prévoit aussi la possibilité d’user des CDD pour certains contrats liés à la politique de l’emploi. Commençons par le recours au CDD en vue d’un remplacement. Ce cas de recours recouvre des situations très diverses. Il peut d’abord s’agir de faire face à une absence ou toute suspension du contrat de travail d’un salarié. Le CDD conclu en vue du remplacement d'un salarié absent est la situation la plus courante s'agissant de ce premier motif de recours. Il s'agit bien évidemment de pallier une absence temporaire. Pallier à une demande de passage à temps partiel provisoire d'un salarié ou opérer un relais entre le départ définitif d'un salarié et l'entrée en service du nouveau titulaire du poste, peuvent également justifier de recourir au CDD pour remplacement. Second motif de recours au CDD, l'accroissement temporaire d'activité. L'employeur peut, dans ce cadre, embaucher un salarié pour faire face à une augmentation temporaire de l'activité habituelle de l'entreprise. Cette hypothèse recouvre | 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61313032353331326431383635613235 | article100979 | 3 | Le contrat à durée déterminée (CDD) | Travail-Emploi | travail-emploi | Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise . | 16/04/2025 | https://travail-emploi.gouv.fr/le-contrat-duree-determinee-cdd | [
"Le contrat à durée déterminée (CDD) en vidéo (web série droit du travail)"
] | hypothèse recouvre d'abord une commande exceptionnelle nécessitant des moyens exceptionnels, une tâche occasionnelle et non durable, ne relevant pas de l'activité habituelle et principale de l'entreprise, est aussi reconnue comme pouvant justifier le recours au CDD. Les travaux urgents, dont l'exécution est nécessaire pour prévenir des accidents imminents ou organiser des mesures de sauvetage, entrent de la même façon dans le champ d'application de l'accroissement temporaire d'activité. En dehors de ces circonstances, la définition de l'accroissement temporaire d'activité autorise la conclusion d'un CDD en cas de variation cyclique de l'activité d'une entreprise, dès lors que cette variation est temporaire. Les travaux temporaires par nature, troisième motif de recours au CDD autorisé, visent en premier lieu les contrats saisonniers. La notion d'emploi à caractère saisonnier a d'abord été définie par l'administration et par la Cour de cassation. Ce type de contrat devait être conclu pour des périodes coïncidant avec une partie ou l'intégralité de plusieurs saisons. La loi dite Travail du 8 août 2016 est venue préciser qu'il s'agit des emplois dont les tâches sont appelées à se répéter chaque année selon une périodicité à peu près fixe, en fonction du rythme des saisons ou des modes de vie collectifs. Les travaux temporaires, par nature, recouvrent également des contrats temporaires d'usage. Ces contrats concernent des secteurs limitativement énumérés par décret, accord | Le contrat à durée déterminée (CDD)
Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise .
hypothèse recouvre d'abord une commande exceptionnelle nécessitant des moyens exceptionnels, une tâche occasionnelle et non durable, ne relevant pas de l'activité habituelle et principale de l'entreprise, est aussi reconnue comme pouvant justifier le recours au CDD. Les travaux urgents, dont l'exécution est nécessaire pour prévenir des accidents imminents ou organiser des mesures de sauvetage, entrent de la même façon dans le champ d'application de l'accroissement temporaire d'activité. En dehors de ces circonstances, la définition de l'accroissement temporaire d'activité autorise la conclusion d'un CDD en cas de variation cyclique de l'activité d'une entreprise, dès lors que cette variation est temporaire. Les travaux temporaires par nature, troisième motif de recours au CDD autorisé, visent en premier lieu les contrats saisonniers. La notion d'emploi à caractère saisonnier a d'abord été définie par l'administration et par la Cour de cassation. Ce type de contrat devait être conclu pour des périodes coïncidant avec une partie ou l'intégralité de plusieurs saisons. La loi dite Travail du 8 août 2016 est venue préciser qu'il s'agit des emplois dont les tâches sont appelées à se répéter chaque année selon une périodicité à peu près fixe, en fonction du rythme des saisons ou des modes de vie collectifs. Les travaux temporaires, par nature, recouvrent également des contrats temporaires d'usage. Ces contrats concernent des secteurs limitativement énumérés par décret, accord | 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32643261356636666638396538643065 | article100979 | 4 | Le contrat à durée déterminée (CDD) | Travail-Emploi | travail-emploi | Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise . | 16/04/2025 | https://travail-emploi.gouv.fr/le-contrat-duree-determinee-cdd | [
"Le contrat à durée déterminée (CDD) en vidéo (web série droit du travail)"
] | par décret, accord collectif ou usage constant. Ainsi, sont par exemple concernés par la possibilité d'une embauche en CDD, certains emplois de l'hôtellerie, de la restauration, le spectacle, les exploitations forestières ou bien encore le tourisme. Des CDD peuvent enfin être conclus. Lorsqu'ils sont conclus au titre de dispositions législatives et réglementaires destinées à favoriser l'embauche de certaines catégories de personnes sans emploi, on parlera dans ce cas de contrats aidés ou lorsque l'employeur s'engage pour une durée et dans les conditions fixées réglementairement, à assurer un complément de formation professionnelle aux salariés. Je vous propose maintenant un zoom sur les cas où le recours aux CDD est interdit. Outre le principe d'interdiction générale de recourir au CDD pour pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise qu'Honorine a mentionné précédemment, les articles L. 1242-5 et 6 du code du travail ont prévu trois types spécifiques d’interdictions. D'abord, en aucun cas, il ne peut être conclu un CDD pour remplacer un salarié dont le contrat de travail est suspendu par suite d'un conflit collectif, sous peine de sanctions civiles et pénales. Il est également interdit de conclure un CDD pour effectuer des travaux particulièrement dangereux, figurant sur une liste établie par arrêté ministériel. Le non-respect de cette interdiction peut, de la même façon que pour le remplacement d'un salarié gréviste, entraîner des | Le contrat à durée déterminée (CDD)
Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise .
par décret, accord collectif ou usage constant. Ainsi, sont par exemple concernés par la possibilité d'une embauche en CDD, certains emplois de l'hôtellerie, de la restauration, le spectacle, les exploitations forestières ou bien encore le tourisme. Des CDD peuvent enfin être conclus. Lorsqu'ils sont conclus au titre de dispositions législatives et réglementaires destinées à favoriser l'embauche de certaines catégories de personnes sans emploi, on parlera dans ce cas de contrats aidés ou lorsque l'employeur s'engage pour une durée et dans les conditions fixées réglementairement, à assurer un complément de formation professionnelle aux salariés. Je vous propose maintenant un zoom sur les cas où le recours aux CDD est interdit. Outre le principe d'interdiction générale de recourir au CDD pour pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise qu'Honorine a mentionné précédemment, les articles L. 1242-5 et 6 du code du travail ont prévu trois types spécifiques d’interdictions. D'abord, en aucun cas, il ne peut être conclu un CDD pour remplacer un salarié dont le contrat de travail est suspendu par suite d'un conflit collectif, sous peine de sanctions civiles et pénales. Il est également interdit de conclure un CDD pour effectuer des travaux particulièrement dangereux, figurant sur une liste établie par arrêté ministériel. Le non-respect de cette interdiction peut, de la même façon que pour le remplacement d'un salarié gréviste, entraîner des | 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38656634363362613638613935343335 | article100979 | 5 | Le contrat à durée déterminée (CDD) | Travail-Emploi | travail-emploi | Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise . | 16/04/2025 | https://travail-emploi.gouv.fr/le-contrat-duree-determinee-cdd | [
"Le contrat à durée déterminée (CDD) en vidéo (web série droit du travail)"
] | entraîner des sanctions civiles et pénales. Cette interdiction concerne principalement des travaux exposant à des agents chimiques dangereux. Une dérogation à cette interdiction est possible dans certaines conditions. Indépendamment du formalisme de cette demande de dérogation à l'inspection du travail, l'employeur doit surtout offrir aux salariés qu’il souhaite embaucher en CDD des garanties suffisantes qui permettent l'exécution des travaux en toute sécurité. Enfin, il est interdit de recourir au CDD dans les six mois qui suivent la notification d'un licenciement économique. Cette interdiction s'applique au niveau de l'établissement. Les postes auxquels s'appliquent cette interdiction sont ceux concernés par le licenciement économique. Le recours au CDD pour d'autres postes reste donc possible. Cette dernière interdiction n'est applicable que si la conclusion du CDD est motivée par un accroissement temporaire d'activité. Il est donc possible d'avoir recours au CDD, même à la suite d'un licenciement, pour motif économique, pour remplacer un salarié absent ou exécuter des travaux temporaires par nature. Il est également possible de conclure un contrat saisonnier ou un contrat temporaire d'usage. Abordons maintenant le régime juridique du CDD et plus spécifiquement le formalisme de ce contrat, nous l'avons vu, dérogatoire au droit commun. Le CDD doit être écrit, à défaut, il est réputé avoir été conclu pour une durée indéterminée. La rédaction obligatoire d'un écrit vaut tant | Le contrat à durée déterminée (CDD)
Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise .
entraîner des sanctions civiles et pénales. Cette interdiction concerne principalement des travaux exposant à des agents chimiques dangereux. Une dérogation à cette interdiction est possible dans certaines conditions. Indépendamment du formalisme de cette demande de dérogation à l'inspection du travail, l'employeur doit surtout offrir aux salariés qu’il souhaite embaucher en CDD des garanties suffisantes qui permettent l'exécution des travaux en toute sécurité. Enfin, il est interdit de recourir au CDD dans les six mois qui suivent la notification d'un licenciement économique. Cette interdiction s'applique au niveau de l'établissement. Les postes auxquels s'appliquent cette interdiction sont ceux concernés par le licenciement économique. Le recours au CDD pour d'autres postes reste donc possible. Cette dernière interdiction n'est applicable que si la conclusion du CDD est motivée par un accroissement temporaire d'activité. Il est donc possible d'avoir recours au CDD, même à la suite d'un licenciement, pour motif économique, pour remplacer un salarié absent ou exécuter des travaux temporaires par nature. Il est également possible de conclure un contrat saisonnier ou un contrat temporaire d'usage. Abordons maintenant le régime juridique du CDD et plus spécifiquement le formalisme de ce contrat, nous l'avons vu, dérogatoire au droit commun. Le CDD doit être écrit, à défaut, il est réputé avoir été conclu pour une durée indéterminée. La rédaction obligatoire d'un écrit vaut tant | 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36653330396236613766633234363563 | article100979 | 6 | Le contrat à durée déterminée (CDD) | Travail-Emploi | travail-emploi | Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise . | 16/04/2025 | https://travail-emploi.gouv.fr/le-contrat-duree-determinee-cdd | [
"Le contrat à durée déterminée (CDD) en vidéo (web série droit du travail)"
] | écrit vaut tant pour le contrat initial que pour les contrats successifs identiques et en cas de renouvellement. La requalification en CDI du CDD non écrit est la conséquence d'une présomption irréfragable qui empêche l'employeur d'apporter la preuve de l'existence d'un contrat verbal conclu pour une durée déterminée. Si le contrat à durée déterminée se trouve au cours de son exécution, modifié dans un de ses éléments substantiels, salaires ou qualifications par exemple, la modification doit elle aussi faire l'objet d'un avenant écrit au contrat initial. S'agissant toujours du formalisme strict du CDD, la signature de celui-ci est d'ordre public. Son omission peut elle aussi entraîner la requalification en CDI. Cette obligation s'impose tant au salarié qu'à l'employeur. Le code du travail énumère les clauses obligatoires spécifiques au CDD. Celles-ci varient suivant le motif de recours et la nature du terme du contrat. La mention relative à la définition précise du motif du recours au CDD est, parmi toutes les mentions obligatoires, de loin la plus importante. En effet, l'absence, l'imprécision ou l'inexactitude du motif du recours entraîne la requalification automatique en CDI. Parmi les clauses obligatoires, nous pouvons citer, outre le motif du recours, l'identité des parties, la durée du contrat, la période d'essai éventuelle, le poste de travail, la rémunération ou bien encore le lieu de travail. Le CDD, une fois rédigé, doit être transmis au salarié au plus tard dans | Le contrat à durée déterminée (CDD)
Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise .
écrit vaut tant pour le contrat initial que pour les contrats successifs identiques et en cas de renouvellement. La requalification en CDI du CDD non écrit est la conséquence d'une présomption irréfragable qui empêche l'employeur d'apporter la preuve de l'existence d'un contrat verbal conclu pour une durée déterminée. Si le contrat à durée déterminée se trouve au cours de son exécution, modifié dans un de ses éléments substantiels, salaires ou qualifications par exemple, la modification doit elle aussi faire l'objet d'un avenant écrit au contrat initial. S'agissant toujours du formalisme strict du CDD, la signature de celui-ci est d'ordre public. Son omission peut elle aussi entraîner la requalification en CDI. Cette obligation s'impose tant au salarié qu'à l'employeur. Le code du travail énumère les clauses obligatoires spécifiques au CDD. Celles-ci varient suivant le motif de recours et la nature du terme du contrat. La mention relative à la définition précise du motif du recours au CDD est, parmi toutes les mentions obligatoires, de loin la plus importante. En effet, l'absence, l'imprécision ou l'inexactitude du motif du recours entraîne la requalification automatique en CDI. Parmi les clauses obligatoires, nous pouvons citer, outre le motif du recours, l'identité des parties, la durée du contrat, la période d'essai éventuelle, le poste de travail, la rémunération ou bien encore le lieu de travail. Le CDD, une fois rédigé, doit être transmis au salarié au plus tard dans | 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33373531363133303461306663646363 | article100979 | 8 | Le contrat à durée déterminée (CDD) | Travail-Emploi | travail-emploi | Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise . | 16/04/2025 | https://travail-emploi.gouv.fr/le-contrat-duree-determinee-cdd | [
"Le contrat à durée déterminée (CDD) en vidéo (web série droit du travail)"
] | connaissances sur l'ensemble du champ couvert par le code du travail et bien plus encore. À très bientôt pour un nouvel épisode consacré au droit du travail.La rupture, l'échéance du terme et le renouvellementLire la retranscription textuelle Dans un précédent épisode, je vous ai présenté les règles sur la conclusion des contrats à durée déterminée, les CDD, mais quelles sont les dispositions relatives à la rupture anticipée, l'échéance du terme et le renouvellement de ces contrats ? C'est ce que nous allons voir. Bonjour, c'est Honorine, aujourd'hui, je vais vous présenter les règles relatives à la rupture anticipée, l'échéance du terme et le renouvellement du CDD, un épisode d'une série consacrée au droit du travail. Le CDD ne peut être rompu avant son échéance que dans quelques cas. Il existe des règles particulières applicables aux contrats conclus dans le cadre de la politique de l'emploi, comme par exemple le contrat unique d'insertion que nous n’examinerons pas. Examinons les quatre principaux cas dans lesquels le contrat peut être rompu avant le terme prévu. Premièrement, la rupture peut intervenir à l'initiative du salarié qui justifie d'une embauche en contrat à durée indéterminée. Le salarié doit alors respecter un préavis d'une durée égale à un jour par semaine, compte tenu de la durée totale du CDD, incluant, le cas échéant, son ou ses deux renouvellements. S'agissant d'un CDD, sans terme précis, le préavis sera fonction de la durée du contrat effectué. Dans | Le contrat à durée déterminée (CDD)
Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise .
connaissances sur l'ensemble du champ couvert par le code du travail et bien plus encore. À très bientôt pour un nouvel épisode consacré au droit du travail.La rupture, l'échéance du terme et le renouvellementLire la retranscription textuelle Dans un précédent épisode, je vous ai présenté les règles sur la conclusion des contrats à durée déterminée, les CDD, mais quelles sont les dispositions relatives à la rupture anticipée, l'échéance du terme et le renouvellement de ces contrats ? C'est ce que nous allons voir. Bonjour, c'est Honorine, aujourd'hui, je vais vous présenter les règles relatives à la rupture anticipée, l'échéance du terme et le renouvellement du CDD, un épisode d'une série consacrée au droit du travail. Le CDD ne peut être rompu avant son échéance que dans quelques cas. Il existe des règles particulières applicables aux contrats conclus dans le cadre de la politique de l'emploi, comme par exemple le contrat unique d'insertion que nous n’examinerons pas. Examinons les quatre principaux cas dans lesquels le contrat peut être rompu avant le terme prévu. Premièrement, la rupture peut intervenir à l'initiative du salarié qui justifie d'une embauche en contrat à durée indéterminée. Le salarié doit alors respecter un préavis d'une durée égale à un jour par semaine, compte tenu de la durée totale du CDD, incluant, le cas échéant, son ou ses deux renouvellements. S'agissant d'un CDD, sans terme précis, le préavis sera fonction de la durée du contrat effectué. Dans | 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39336637623731353361666530393836 | article100979 | 9 | Le contrat à durée déterminée (CDD) | Travail-Emploi | travail-emploi | Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise . | 16/04/2025 | https://travail-emploi.gouv.fr/le-contrat-duree-determinee-cdd | [
"Le contrat à durée déterminée (CDD) en vidéo (web série droit du travail)"
] | effectué. Dans tous les cas, le préavis ne peut excéder deux semaines. Toutefois, avec l'accord de l'employeur, le salarié peut être dispensé de préavis dans certaines situations. Deuxièmement, la rupture anticipée peut intervenir en cas de force majeure, c'est-à-dire un événement exceptionnel et imprévisible et insurmontable, ce qui sera assez rare s'agissant de la rupture d'un CDD. Ainsi, des difficultés économiques ou financières rencontrées par l'entreprise ne pourront pas justifier d'une rupture du CDD avant terme. La jurisprudence est riche de situations qui n'ont pas été retenues comme cas de force majeure. Troisièmement, la rupture peut intervenir en cas d'inaptitude constatée par le médecin du travail. On peut noter que, selon un arrêt rendu par la Cour de cassation, le 21 octobre 2013, la procédure de rupture d'un contrat de travail à durée déterminée pour inaptitude du salarié constatée par le médecin du travail ne doit pas donner lieu à une convocation à un entretien préalable. Quatrièmement, la rupture peut intervenir en cas de faute grave du salarié. S'il existe une faute grave ou lourde du salarié, l'employeur qui souhaite mettre fin par anticipation au CDD doit respecter la procédure disciplinaire. Concluons cette partie en relevant que la rupture anticipée d'un CDD à l'initiative du salarié ou de l'employeur, en dehors des cas prévus par la loi, ouvre droit à des dommages et intérêts correspondant au préjudice subi. Après nous être penchés sur les ruptures | Le contrat à durée déterminée (CDD)
Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise .
effectué. Dans tous les cas, le préavis ne peut excéder deux semaines. Toutefois, avec l'accord de l'employeur, le salarié peut être dispensé de préavis dans certaines situations. Deuxièmement, la rupture anticipée peut intervenir en cas de force majeure, c'est-à-dire un événement exceptionnel et imprévisible et insurmontable, ce qui sera assez rare s'agissant de la rupture d'un CDD. Ainsi, des difficultés économiques ou financières rencontrées par l'entreprise ne pourront pas justifier d'une rupture du CDD avant terme. La jurisprudence est riche de situations qui n'ont pas été retenues comme cas de force majeure. Troisièmement, la rupture peut intervenir en cas d'inaptitude constatée par le médecin du travail. On peut noter que, selon un arrêt rendu par la Cour de cassation, le 21 octobre 2013, la procédure de rupture d'un contrat de travail à durée déterminée pour inaptitude du salarié constatée par le médecin du travail ne doit pas donner lieu à une convocation à un entretien préalable. Quatrièmement, la rupture peut intervenir en cas de faute grave du salarié. S'il existe une faute grave ou lourde du salarié, l'employeur qui souhaite mettre fin par anticipation au CDD doit respecter la procédure disciplinaire. Concluons cette partie en relevant que la rupture anticipée d'un CDD à l'initiative du salarié ou de l'employeur, en dehors des cas prévus par la loi, ouvre droit à des dommages et intérêts correspondant au préjudice subi. Après nous être penchés sur les ruptures | 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61306231613735323734363431663464 | article100979 | 10 | Le contrat à durée déterminée (CDD) | Travail-Emploi | travail-emploi | Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise . | 16/04/2025 | https://travail-emploi.gouv.fr/le-contrat-duree-determinee-cdd | [
"Le contrat à durée déterminée (CDD) en vidéo (web série droit du travail)"
] | sur les ruptures anticipées, faisons un zoom sur les dispositions relatives à l'échéance du terme. Le CDD cesse de plein droit à l'échéance du terme. La suspension du contrat de travail à durée déterminée ne fait pas obstacle à l'échéance du terme. En effet, lorsque le contrat est conclu pour remplacer un salarié temporairement absent, le terme initialement fixé peut être reporté jusqu'au surlendemain du jour où la personne remplacée reprend son emploi. On parle alors de contrat à durée déterminée à terme imprécis. Lorsqu'à l'issue d'un CDD, les relations contractuelles ne se poursuivent pas par un CDI, le salarié a droit, à titre de complément de salaire, à une indemnité de contrat destinée à compenser la précarité de sa situation. Cette indemnité est égale à 10% de la rémunération totale brute versée. Elle est versée à l'issue du contrat en même temps que le dernier salaire et figure sur le bulletin de salaire correspondant. En vue d'améliorer la formation professionnelle des salariés titulaires de CDD, un accord collectif peut également prévoir de limiter le montant de l'indemnité de fin de contrat à hauteur de 6%, dès lors que des contreparties sont offertes à ces salariés qui peuvent par exemple prendre la forme d'un accès privilégié à la formation professionnelle. L'accord peut ainsi prévoir les conditions dans lesquelles les salariés en CDD peuvent suivre, en dehors du temps de travail effectif un bilan de compétences. L'indemnité de fin de contrat n'est-elle pas due | Le contrat à durée déterminée (CDD)
Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise .
sur les ruptures anticipées, faisons un zoom sur les dispositions relatives à l'échéance du terme. Le CDD cesse de plein droit à l'échéance du terme. La suspension du contrat de travail à durée déterminée ne fait pas obstacle à l'échéance du terme. En effet, lorsque le contrat est conclu pour remplacer un salarié temporairement absent, le terme initialement fixé peut être reporté jusqu'au surlendemain du jour où la personne remplacée reprend son emploi. On parle alors de contrat à durée déterminée à terme imprécis. Lorsqu'à l'issue d'un CDD, les relations contractuelles ne se poursuivent pas par un CDI, le salarié a droit, à titre de complément de salaire, à une indemnité de contrat destinée à compenser la précarité de sa situation. Cette indemnité est égale à 10% de la rémunération totale brute versée. Elle est versée à l'issue du contrat en même temps que le dernier salaire et figure sur le bulletin de salaire correspondant. En vue d'améliorer la formation professionnelle des salariés titulaires de CDD, un accord collectif peut également prévoir de limiter le montant de l'indemnité de fin de contrat à hauteur de 6%, dès lors que des contreparties sont offertes à ces salariés qui peuvent par exemple prendre la forme d'un accès privilégié à la formation professionnelle. L'accord peut ainsi prévoir les conditions dans lesquelles les salariés en CDD peuvent suivre, en dehors du temps de travail effectif un bilan de compétences. L'indemnité de fin de contrat n'est-elle pas due | 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38343636373264383939313331346334 | article100979 | 11 | Le contrat à durée déterminée (CDD) | Travail-Emploi | travail-emploi | Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise . | 16/04/2025 | https://travail-emploi.gouv.fr/le-contrat-duree-determinee-cdd | [
"Le contrat à durée déterminée (CDD) en vidéo (web série droit du travail)"
] | n'est-elle pas due dans certains cas ? Premièrement, lorsque le contrat est conclu pour un salarié saisonnier. Deuxièmement, lorsque le contrat est conclu avec un jeune pour une période qui est comprise dans ses vacances scolaires ou universitaires. Troisièmement, lorsque le salarié refuse d'accepter la conclusion d'un CDI pour occuper le même emploi ou un emploi similaire assorti d'une rémunération au moins équivalente. Enfin, quatrièmement, dans les cas de rupture anticipée du contrat à l'initiative du salarié en raison de sa faute grave ou en cas de force majeure. Lorsque la relation contractuelle de travail se poursuit après l'échéance du terme du CDD, celui-ci devient un CDI. Le salarié conserve bien sûr l'ancienneté qu'il avait acquise au terme du CDD. Notons dans ce cas que la durée du CDD est déduite de la période d'essai éventuellement prévue dans le nouveau contrat de travail. Lorsque l'employeur propose que la relation contractuelle de travail se poursuive sous la forme d'un CDI relevant de la même classification sans changement du lieu de travail, il notifie cette proposition par écrit au salarié et en cas de refus du salarié, l'employeur informe France Travail en justifiant du caractère similaire de l'emploi qu'il a proposé et qui a été refusé. Nous en arrivons maintenant à l'examen des règles relatives au renouvellement du CDD et à la succession de contrats. Un accord de branche étendu peut fixer le nombre maximal de renouvellements possibles pour un CDD. Ce | Le contrat à durée déterminée (CDD)
Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise .
n'est-elle pas due dans certains cas ? Premièrement, lorsque le contrat est conclu pour un salarié saisonnier. Deuxièmement, lorsque le contrat est conclu avec un jeune pour une période qui est comprise dans ses vacances scolaires ou universitaires. Troisièmement, lorsque le salarié refuse d'accepter la conclusion d'un CDI pour occuper le même emploi ou un emploi similaire assorti d'une rémunération au moins équivalente. Enfin, quatrièmement, dans les cas de rupture anticipée du contrat à l'initiative du salarié en raison de sa faute grave ou en cas de force majeure. Lorsque la relation contractuelle de travail se poursuit après l'échéance du terme du CDD, celui-ci devient un CDI. Le salarié conserve bien sûr l'ancienneté qu'il avait acquise au terme du CDD. Notons dans ce cas que la durée du CDD est déduite de la période d'essai éventuellement prévue dans le nouveau contrat de travail. Lorsque l'employeur propose que la relation contractuelle de travail se poursuive sous la forme d'un CDI relevant de la même classification sans changement du lieu de travail, il notifie cette proposition par écrit au salarié et en cas de refus du salarié, l'employeur informe France Travail en justifiant du caractère similaire de l'emploi qu'il a proposé et qui a été refusé. Nous en arrivons maintenant à l'examen des règles relatives au renouvellement du CDD et à la succession de contrats. Un accord de branche étendu peut fixer le nombre maximal de renouvellements possibles pour un CDD. Ce | 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36653465643633356332336639343231 | article101013 | 2 | La prévention des risques liés à l'amiante | Travail-Emploi | travail-emploi | L'amiante constitue un sujet de santé publique réglementé de manière strict en France. Interdit en 1997, l'amiante est hautement toxique . Les fibres d’amiante sont microscopiques, invisibles dans les poussières de l’atmosphère, et leur inhalation provoquent des maladies respiratoires graves et ce, même après de faibles expositions. La répétition de l’exposition augmente considérablement la probabilité de maladie et les effets sur la santé d’une exposition à l’amiante surviennent souvent plusieurs années après le début de l’exposition. Depuis 2012 , la réglementation de prévention des risques professionnels liés à l’amiante a été entièrement révisée. | 16/12/2024 | https://travail-emploi.gouv.fr/la-prevention-des-risques-lies-lamiante | [
"Cadre réglementaire sur la prévention des risques d’exposition à l’amiante : décret du 4 mai 2012"
] | DécretsDécret n° 2012-639 du 4 mai 2012 relatif aux risques d’exposition à l’amiante, entré en vigueur, pour la plupart de ses dispositions le 1er juillet 2012 ; Décret n° 2013-594 du 5 juillet 2013 relatif aux risques d’exposition à l’amiante, apportant diverses corrections au décret du 4 mai 2012 ;Décret n° 2015-789 du 29 juin 2015 relatif aux risques d’exposition à l’amiante, maintenant l’abaissement de la valeur limite d’exposition professionnelle amiante (VLEP) pour juillet 2015 et conservant les seuils des 3 niveaux d’empoussièrement réglementaires de l’article R. 4412-98 du code du travail tout en les déconnectant de la VLEP amiante et des facteurs de protection assigné (FPA) des appareils de protection respiratoire (APR) utilisés pour les travaux portant sur l’amiante.Pour aller plus loin :Décret n°2015-789 du 29 juin 2015 relatif aux risques d’exposition à l’amiante | Le contenu du décret et ses conséquences (PDF - 532. 57 Ko)Les principales mesures du décret n° 2012-639 du 4 mai 2012 sont les suivantes :L’abaissement de la VLEP amiante, passant de 100 fibres par litres (f/L) sur une heure avant le 1er juillet 2012 à 10 f/L sur 8 heures à compter du 2 juillet 2015 ; Le contrôle de l’empoussièrement en milieu professionnel selon la méthode électronique par transmission analytique ou META dès le 1er juillet 2012, permettant de décompter tant les fibres longues (ou fibres « OMS » pour organisation mondiale de la santé) que les fibres fines d’amiante, soit l’ensemble des | La prévention des risques liés à l'amiante
L'amiante constitue un sujet de santé publique réglementé de manière strict en France. Interdit en 1997, l'amiante est hautement toxique . Les fibres d’amiante sont microscopiques, invisibles dans les poussières de l’atmosphère, et leur inhalation provoquent des maladies respiratoires graves et ce, même après de faibles expositions. La répétition de l’exposition augmente considérablement la probabilité de maladie et les effets sur la santé d’une exposition à l’amiante surviennent souvent plusieurs années après le début de l’exposition. Depuis 2012 , la réglementation de prévention des risques professionnels liés à l’amiante a été entièrement révisée.
DécretsDécret n° 2012-639 du 4 mai 2012 relatif aux risques d’exposition à l’amiante, entré en vigueur, pour la plupart de ses dispositions le 1er juillet 2012 ; Décret n° 2013-594 du 5 juillet 2013 relatif aux risques d’exposition à l’amiante, apportant diverses corrections au décret du 4 mai 2012 ;Décret n° 2015-789 du 29 juin 2015 relatif aux risques d’exposition à l’amiante, maintenant l’abaissement de la valeur limite d’exposition professionnelle amiante (VLEP) pour juillet 2015 et conservant les seuils des 3 niveaux d’empoussièrement réglementaires de l’article R. 4412-98 du code du travail tout en les déconnectant de la VLEP amiante et des facteurs de protection assigné (FPA) des appareils de protection respiratoire (APR) utilisés pour les travaux portant sur l’amiante.Pour aller plus loin :Décret n°2015-789 du 29 juin 2015 relatif aux risques d’exposition à l’amiante | Le contenu du décret et ses conséquences (PDF - 532. 57 Ko)Les principales mesures du décret n° 2012-639 du 4 mai 2012 sont les suivantes :L’abaissement de la VLEP amiante, passant de 100 fibres par litres (f/L) sur une heure avant le 1er juillet 2012 à 10 f/L sur 8 heures à compter du 2 juillet 2015 ; Le contrôle de l’empoussièrement en milieu professionnel selon la méthode électronique par transmission analytique ou META dès le 1er juillet 2012, permettant de décompter tant les fibres longues (ou fibres « OMS » pour organisation mondiale de la santé) que les fibres fines d’amiante, soit l’ensemble des | 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38383538343564313438623166326630 | article100979 | 12 | Le contrat à durée déterminée (CDD) | Travail-Emploi | travail-emploi | Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise . | 16/04/2025 | https://travail-emploi.gouv.fr/le-contrat-duree-determinee-cdd | [
"Le contrat à durée déterminée (CDD) en vidéo (web série droit du travail)"
] | pour un CDD. Ce nombre ne peut avoir ni pour objet ni pour effet de pourvoir durablement à un emploi lié à l'activité normale et permanente de l'entreprise. Les conditions de renouvellement sont stipulées dans le contrat ou font l'objet d'un avenant soumis au salarié avant le terme initialement prévu. À défaut de stipulation dans l'accord de branche étendu mentionné ci-dessus, le CDD est renouvelable deux fois pour une durée déterminée. Lorsqu'un CDD prend fin, il ne peut être recouru pour pourvoir le poste du salarié, ni à un autre CDD, ni à un contrat de travail temporaire avant l'expiration d'une période appelée « délai de carence ». Cette période est calculée en fonction de la durée du travail, incluant, le cas échéant, son ou ses renouvellements. Il est à noter que ce délai doit être observé, que le nouveau contrat soit conclu avec le même salarié ou un autre. Les jours pris en compte pour apprécier le délai devant séparer les deux contrats sont les jours habituels d'ouverture de l'entreprise ou de l'établissement concerné. Par exemple, en cas de fermeture les samedis et dimanches, ces deux jours ne sont pas décomptés pour déterminer le délai de carence. Un accord de branche étendu peut fixer les modalités de calcul de ce délai de carence en respectant le principe selon lequel aucun CDD ne saurait avoir ni pour effet ni pour objet de pourvoir durablement à un emploi lié à l'activité normale et permanente de l'entreprise. À défaut de stipulation dans l'accord de branche, | Le contrat à durée déterminée (CDD)
Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise .
pour un CDD. Ce nombre ne peut avoir ni pour objet ni pour effet de pourvoir durablement à un emploi lié à l'activité normale et permanente de l'entreprise. Les conditions de renouvellement sont stipulées dans le contrat ou font l'objet d'un avenant soumis au salarié avant le terme initialement prévu. À défaut de stipulation dans l'accord de branche étendu mentionné ci-dessus, le CDD est renouvelable deux fois pour une durée déterminée. Lorsqu'un CDD prend fin, il ne peut être recouru pour pourvoir le poste du salarié, ni à un autre CDD, ni à un contrat de travail temporaire avant l'expiration d'une période appelée « délai de carence ». Cette période est calculée en fonction de la durée du travail, incluant, le cas échéant, son ou ses renouvellements. Il est à noter que ce délai doit être observé, que le nouveau contrat soit conclu avec le même salarié ou un autre. Les jours pris en compte pour apprécier le délai devant séparer les deux contrats sont les jours habituels d'ouverture de l'entreprise ou de l'établissement concerné. Par exemple, en cas de fermeture les samedis et dimanches, ces deux jours ne sont pas décomptés pour déterminer le délai de carence. Un accord de branche étendu peut fixer les modalités de calcul de ce délai de carence en respectant le principe selon lequel aucun CDD ne saurait avoir ni pour effet ni pour objet de pourvoir durablement à un emploi lié à l'activité normale et permanente de l'entreprise. À défaut de stipulation dans l'accord de branche, | 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38346365666239343066373130366336 | article100979 | 13 | Le contrat à durée déterminée (CDD) | Travail-Emploi | travail-emploi | Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise . | 16/04/2025 | https://travail-emploi.gouv.fr/le-contrat-duree-determinee-cdd | [
"Le contrat à durée déterminée (CDD) en vidéo (web série droit du travail)"
] | de branche, ce délai de carence varie selon la durée du contrat. Si la durée du contrat, incluant, le cas échéant son ou ses renouvellements, est de quatorze jours ou plus, le délai sera d'un tiers de la durée du contrat venu à expiration. Ainsi, un poste pourvu par un CDD de trois mois ne peut faire l'objet d'un nouveau CDD avant l'expiration d'un délai de carence d'un mois. Si la durée du contrat, incluant le cas échéant son renouvellement, est inférieure à quatorze jours, le délai sera égal à la moitié de la durée du contrat venu à expiration. Un poste pourvu en CDD pendant dix jours, ne peut donc faire l'objet d'un nouveau CDD avant l'expiration d'un délai de cinq jours. Dans le respect du principe selon lequel aucun CDD ne saurait avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise, un accord de branche étendu peut prévoir les cas dans lesquels le délai de carence n'est pas applicable. Toutefois, comme le précise le Conseil d'État dans une décision du 22 avril 2022, ces dispositions ne permettent à une convention ou un accord de branche étendu de déroger au principe de l'application d'un délai de carence que dans certains cas seulement qu’il lui appartient alors de définir. Elles font par suite obstacle à ce qu'une telle convention ou accord de branche puisse légalement prévoir que le délai de carence ne s'appliquera pas, de façon générale, dans tous les cas de succession de contrats à durée | Le contrat à durée déterminée (CDD)
Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise .
de branche, ce délai de carence varie selon la durée du contrat. Si la durée du contrat, incluant, le cas échéant son ou ses renouvellements, est de quatorze jours ou plus, le délai sera d'un tiers de la durée du contrat venu à expiration. Ainsi, un poste pourvu par un CDD de trois mois ne peut faire l'objet d'un nouveau CDD avant l'expiration d'un délai de carence d'un mois. Si la durée du contrat, incluant le cas échéant son renouvellement, est inférieure à quatorze jours, le délai sera égal à la moitié de la durée du contrat venu à expiration. Un poste pourvu en CDD pendant dix jours, ne peut donc faire l'objet d'un nouveau CDD avant l'expiration d'un délai de cinq jours. Dans le respect du principe selon lequel aucun CDD ne saurait avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise, un accord de branche étendu peut prévoir les cas dans lesquels le délai de carence n'est pas applicable. Toutefois, comme le précise le Conseil d'État dans une décision du 22 avril 2022, ces dispositions ne permettent à une convention ou un accord de branche étendu de déroger au principe de l'application d'un délai de carence que dans certains cas seulement qu’il lui appartient alors de définir. Elles font par suite obstacle à ce qu'une telle convention ou accord de branche puisse légalement prévoir que le délai de carence ne s'appliquera pas, de façon générale, dans tous les cas de succession de contrats à durée | 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65353138663965656163373430313337 | article100979 | 14 | Le contrat à durée déterminée (CDD) | Travail-Emploi | travail-emploi | Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise . | 16/04/2025 | https://travail-emploi.gouv.fr/le-contrat-duree-determinee-cdd | [
"Le contrat à durée déterminée (CDD) en vidéo (web série droit du travail)"
] | de contrats à durée déterminée. À défaut de stipulation dans l'accord de branche mentionné ci-dessus, le délai de carence n'est pas applicable dans certains cas. Nous n'en citerons qu'un. Lorsque le CDD est conclu pour assurer le remplacement d'un salarié temporairement absent, il n'y a évidemment pas de délai de carence en cas de nouvelle absence du salarié remplacé. La conclusion de CDD successifs sans délai entre eux avec le même salarié est possible lorsque le contrat est conclu dans certains cas. Ainsi, par exemple, un même salarié peut assurer successivement le remplacement de plusieurs salariés absents en étant lié par autant de contrats successifs qu'il y a de salariés à remplacer. Nous arrivons au terme de cette vidéo et il y a donc trois points à retenir. Tout d'abord, le CDD ne peut être rompu avant l'échéance prévue de son terme que dans quatre cas. Ensuite, le CDD cesse de plein droit à l'échéance du terme, mais dans certains cas, les relations contractuelles peuvent se poursuivre. Enfin, un accord de branche étendu peut fixer le nombre maximal de renouvellements possibles pour un CDD. Vous avez apprécié ce contenu et la pratique du droit du travail vous intéresse ? Découvrez le métier d'inspecteur du travail. Un métier de terrain qui vous permettra de mettre en pratique vos connaissances sur l'ensemble du champ couvert par le Code du travail et bien plus encore. À très bientôt pour un nouvel épisode consacré au droit du travail.En savoir plus sur la web série « | Le contrat à durée déterminée (CDD)
Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise .
de contrats à durée déterminée. À défaut de stipulation dans l'accord de branche mentionné ci-dessus, le délai de carence n'est pas applicable dans certains cas. Nous n'en citerons qu'un. Lorsque le CDD est conclu pour assurer le remplacement d'un salarié temporairement absent, il n'y a évidemment pas de délai de carence en cas de nouvelle absence du salarié remplacé. La conclusion de CDD successifs sans délai entre eux avec le même salarié est possible lorsque le contrat est conclu dans certains cas. Ainsi, par exemple, un même salarié peut assurer successivement le remplacement de plusieurs salariés absents en étant lié par autant de contrats successifs qu'il y a de salariés à remplacer. Nous arrivons au terme de cette vidéo et il y a donc trois points à retenir. Tout d'abord, le CDD ne peut être rompu avant l'échéance prévue de son terme que dans quatre cas. Ensuite, le CDD cesse de plein droit à l'échéance du terme, mais dans certains cas, les relations contractuelles peuvent se poursuivre. Enfin, un accord de branche étendu peut fixer le nombre maximal de renouvellements possibles pour un CDD. Vous avez apprécié ce contenu et la pratique du droit du travail vous intéresse ? Découvrez le métier d'inspecteur du travail. Un métier de terrain qui vous permettra de mettre en pratique vos connaissances sur l'ensemble du champ couvert par le Code du travail et bien plus encore. À très bientôt pour un nouvel épisode consacré au droit du travail.En savoir plus sur la web série « | 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