How to join a group of employers
Formalities of belonging
In order to call an employee in shared time, the company must go through a group of employers and in become a member.
Legally, All types of activities can pretend to joinalso public establishments and local authorities. There is theoretically one constraint: the company and the group must have the same collective agreement. In practice, there are groups of multisectoral employers who bring together companies with different conventions. The same company can Adhere as much as possible to two groups.
Companies with over 300 employees are required to sign a collective or factory agreement that establishes the guarantees granted to the group employees.
Be careful, however, the company may require to join but The group of employers has the right to refuse. There will be a high probability of refusal if the project, values or working conditions offered by the company go against the model, the group values or the working conditions that the group wishes to offer to its employees in shared time.
Choose the right group for employers
The success of shared time hiring lies in the choice of his group of employers.
A company in a certain sector of activities decides to join because it needs a special ability. He therefore needs a group of employers capable of responding to his problem, with the profile requested. There are multi -sectoral groups that
Recruit in support or production functions (Venetis, CornoUalia, Triskell, etc.) and others specialized in a particular field (ENPLOI rendered in the hotel field).
You also have to choose function of its geographical sector. According to their Constitution, the groups of employers recruit one in different territories. Venetis, for example, recruits in 4 territories: Vannes, Lorient, Saint-Nazaire and Nantes. If a Nantes company needs an employee in shared time on Nantes, he has all interests to face a local group to find the ideal person.
Once the company has found its grouping, it is necessary to establish a relationship of trust because the two entities will be jointly responsible.
The relationship with the group of employers
Grouping systems
Companies are downloaded from administrative tasks that normally an opportunity for the use of an employee. The group manages the process of recruiting its employees, the employment contract, pays, paid wages, social expenses, holidays and RTTs, public transport obligations, mutual, provident, professional training, management of processes and obligations of human resources and all social obligations and the risks of the employer, as well as the CSE.
Some groups can provide support or advice on human resources. Others lift group their work tools for the benefit of their members in the form of a subscription. It is not systematic. For example, Vénetis allows its members to publish their «complete» job offers on a free dedicated work bulletin board, to take advantage of free meetings and offices, as well as Jobconjoins.bzh and dedicated events. This service was established to go beyond supporting members in the face of often similar issues (deficiency of skills, difficulties of recruitment, premises not suitable for group work, etc.) and to promote their development on their territory.
The involvement of the company within the group
Financial participation
A group of employers is an association (law 1901). When a company adheres, it must contribute by paying a right of registration. This allows him to take part in the life of the group. The annual subscription is mandatory even when it is symbolic. There may also be a financial participation in the group’s operational cost.
Obviously, The company also regulates billing of the employee.
Companies are also Jointly responsible for debts contracts with employees and social organizations If there is a violation from a member. This means that the organizations that collect mandatory contributions can contact any grouping company even if it is not responsible for bankruptcy.
Governance
Ideally, the member company would not be just a simple consumer of shared time skills. Every year there is a The general assembly during which the companies that wish to do so can integrate the Board of Directors. The Board of Directors is composed of a president, a vice -president and members of the Board of Directors. Their role is to guarantee the correct functioning and development of the group of employers, as well as the coherence and relevance of the projects carried out by the team that structure the group.
The bond of loyalty
When a company asks its group of employers to find an employee corresponding to their needs, a search mandate is signed. It is often specified that as soon as the group has started to implement the research, the company must undertake not to recruit employees presented live. For example, in Venetis, it is registered in the agreement according to which a member or a potential customer who wishes to recruit a live candidate following his presentation must pay an invoice of € 1,000.
It may happen that the company wishes to end an available employee. He was therefore advised to inform the group first, in front of the employee himself.
The end of the relationship
The company can Leave a group at any time. The terms change according to the group. To Venetis, for example:
- The member integrates the employee in shared time (positive turnover): he has to pay an invoice of € 1000 and can integrate the employee after a 3 -month warning.
- The member wishes to end his collaboration with the group: it requires it by e-mail, post or delivery. It can stop the employee’s arrangement but remain a member or stop the employee’s arrangement and leave the group after a 3 -month warning ended at the end of the month.
On the contrary, when it is the group that wants to separate from a member, there is no rule but a good sense. There is often an exchange to reach a breakage of the mutual agreement. Depending on the reasons that lead to this separation, or not, there may be notice to allow the company to find an alternative solution to the shared time. The reasons that could be invoked are a lack of payment, a lack of loyalty, values incompatible with those of the group or even the facts of harassment they would be accused. The group of employers must protect its employees and cannot let what the employee in shared time could be passed on both physical and moral level.
Organization with the users of users
Connect skills
The organization of The provision is controlled by the group. In order to correctly structure the work of the employee made available, its program is cut according to the needs of the different companies that they call it. Each company goes Pay this provision in proportion to the time spent at home.
The end of the pooling
As in a classic company, an employee can resign from the group. The group will then go in search of candidates to replace it within the membership companies.
Sometimes it is one of the companies that decides not to call the common employee anymore. If an employee works in two members and one of the two wishes to end his disposition, the employee continues to work in the second company. The end of the contract is used for the group of employers to find a new member company in which their employees are available in time. Sometimes the member company that remains takes the opportunity to increase the employee’s working time in shared time when it needs it.
The place of the employee in shared time
Types of contract
The contracts signed between employees and groups are mainly permanent contracts, but this can also be fixed -time or part -time contracts. A group can also use apprentices.
Although the use wants that we invite a group for a conditional arrangement, some groups authorize it full -time in a single company. So let’s talk about a mono-nick available.
Compensation
It is the group that uses and remunerates the employee. User companies must, however, guarantee equal treatment compared to other employees (profit, tickets for the restaurant, bonuses). In competence and equivalent position, the remuneration of the employee in shared time cannot be less than the remuneration of a counterpart employed directly by the user company. The amount is therefore determined by the collective contract of the group or company.
Working conditions and wage advantages
The user company must Records the employee in shared time in the staff register, With the indication «made available by a group of employers» and the coordinates of the group. The employee made available is therefore included in the workforce of the user company, in proportion to the number of days processed. It is included in the calculation of the number of employees necessary for the establishment of the Council of Works, of the representatives of the staff and the trade union representatives.
When working in a user company, The employee must benefit from the same conditions as the conventional employees : transport, infrastructure … also has the same rights to leave and seniority as others. The member company is responsible for its working conditions when present at home: working hours, rest time, health, safety …
The connection of subordination and responsibility
When working for a member company, The employee made available is subject to the same regulation of his colleagues. In case of fault of the employee, it is the group of employers who have disciplinary power but it is The civil liability of the company that is involved If there was a discomfort for a third part. The latter must sign the insurance adapted to the supply of employees.
The end of shared times
End of the contract
If the employee was specifically hired by the group to respond to the request for a user company, then there is a trial period whose duration is determined by the group’s collective agreement. In the event that the employee does not meet expectations, the company warns the group that does not want to keep it. The group decides for its part if it maintains the contract of this employee to make it available in other companies or if the employment relationship is definitively ends.
If the employee made available was already part of the group of employers and the group of employers assigned it to another company.
Hiring employees within the company
It happens that a company wishes to integrate the employee made available in his workforce permanently taking it directly. Normally the employee is not subject to a trial period when he joins the company because it is the same position but there is no rule. The company can decide to create a trial period although it has already worked with it as part of the provision. Some groups ask the member company for a right to integrate the employee who may be around € 1,000. The employee must resign from the group based on the legal notice of his status.
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