Pre-Hiring Declaration (PRE-Hire)

When hiring an employee, the employer must declare it. This declaration is called the Pre-Employment Declaration (PRE-EMPLOYMENT DECLARATION).

What is the mandatory information in the EAPD?

The DPAE shall include the following particulars:

• Company name of the company (or name and forenames of the employer) and address of the establishment
• Code EPA: titleContent company
• Siret number the establishment (or the number of the package issued by the company formalities center, if registration is in progress)
• Contact details of the occupational health service on which the employer depends
• Name, surname, sex, date and place of birth, social security number of the employee (if already registered)
• Expected hiring date and time
• Nature, duration of contract and trial period for DTA: titleContent and the FIXED-TERM: titleContent greater than 6 months.

What is the DPAE for?

The EAPD allows the employer to make the following declarations and requests:

• Registration of the employer in the general social security scheme or in the agricultural social security scheme (MSA: titleContent) for agricultural employees
• Registration of the employee in the primary health insurance fund or the MSA for agricultural employees
• Affiliation of the employer to the unemployment insurance scheme
• Request for information and prevention visit to one prevention and occupational health service
• Application for affiliation with pension institutions.

When to transmit the DPAE?

The declaration must be forwarded to the social security body (Urssaf: titleContent , MSA: titleContent) competent before taking up the post or the beginning of the probationary period, not earlier than 8 days before the date of employment.

How to transmit the DPAE?

The approach varies according to whether the employee depends on the general regime or the agricultural scheme.

What document must the employer provide to the employee to certify the declaration?

A copy of the DPAE or acknowledgement of receipt must be provided to the employee.

This obligation is considered fulfilled if the employee has a written employment contract, indicating the body to which the declaration is addressed.

What are the sanctions in the absence of a declaration?

If the employer does not make an EAPD, it is subject to various sanctions:

• Civil penalty: regularization by the Urssaf of unpaid social security contributions due to the absence of a declaration
• Administrative penalty: penalty of €1,305 per employee concerned
• The following criminal sanctions:
  
  • Unintentional absence of DPAE is a contravention of 5^e class punished by a fine of €1,500
  • Intentional absence of DPAE is a offense of work concealed by concealment of salaried employment.

In the event of concealment of paid employment, the employer may be sentenced by the criminal court. In this case, the cumulative penalty is:

• €45,000 fine and 3 years imprisonment for a natural person
• €225,000 of fine and placement under judicial supervision for a legal person.

Other prior declaration

In addition to DPAE: titleContent, the employer must make a prior declaration persons recruited by registered letter addressed to the labor inspectorate:

• When re-employed at an establishment that has ceased to employ staff for at least 6 months
• When declaring a change in the company (change of operator, industry or trade, or geographical transfer).

The receipt of the registered letter must be presented by the employer at the request of the labor inspectorate at 1^re visit of this one.

Information given to the employee no later than the 7th calendar day after hiring

The information that must be given to the employee within 7 days calendars, are as follows:

• Identity of the parties to the employment relationship
• Place (or places) of work and, if different, address of the employer
• Position title, duties, socio-professional category or employment category
• Date of hire
• For a FIXED-TERM: titleContent, end date of the contract or its expected duration
• Duration and conditions of the trial period, if any
• Remuneration items shown separately (including overtime increments) and the periodicity and procedures for payment of such remuneration
• Daily, weekly, monthly working hours or the way in which working hours are organized where they exist
• Conditions under which the employee may be required to work overtime or additional hours.

Information given to the employee no later than 1 calendar month after hiring

The information that must be given to the employee no later than 1 month calendar after his hiring are the following:

• Right to training provided by the employer as part of the training plan
• Duration of paid leave to which the employee is entitled, or method of calculating such duration
• Procedure to be followed by the employer and the employee in the event of a breach of the employment contract
• Collective agreements and agreements applicable to the employee in the company
• Compulsory schemes to which the employee is affiliated
• Mention of pension and healthcare expenses contracts that employees collectively benefit from, as well as the seniority conditions to benefit from these contracts.

In the event of a change in this information, the employer must inform the employee as soon as possible, and at the latest on the date of the effective date.

The employer has no obligation to inform the employee when a change is due to the law or the collective agreement.