vfeva Posted May 20, 2020 Share Posted May 20, 2020 I am working full time in a job (CDI) and my boss is very exploitative (working free overtime, no meal breaks etc). I have tried to complain to him (no avail), the government authorities ('not my problem'), Pole Emploi (cannot help) so I am left with the option to get the sack or leave. If I leave, I cannot apply for chomage (despite being exploited), I have checked with Pole Emploi, (it is a judicial process, this is going to cost $$-another story). So I am wanting to know if I leave, get a CDD job and when that expires, apply for chomage. Anyone else had the same experience. I know the bosses in France are exploitative and they know they can get away with it (weak laws in France to protect workers). Link to comment Share on other sites More sharing options...
EuroTr@sh Posted May 20, 2020 Share Posted May 20, 2020 Actually France has a whole raft of laws to protect workers, but sometimes you need to be firm. Your boss is probably counting on you not knowing what action to take.If he is overstepping the line you need to start by contacting the labour inspector at your local DIRECCTE. They won't say 'it's not my problem' because it's what they do. It's no use approaching any other government authority.Google will find DIRECCTE for you. Link to comment Share on other sites More sharing options...
idun Posted May 20, 2020 Share Posted May 20, 2020 [quote user="vfeva"]I am working full time in a job (CDI) and my boss is very exploitative (working free overtime, no meal breaks etc). I have tried to complain to him (no avail), the government authorities ('not my problem'), Pole Emploi (cannot help) so I am left with the option to get the sack or leave. If I leave, I cannot apply for chomage (despite being exploited), I have checked with Pole Emploi, (it is a judicial process, this is going to cost $$-another story). So I am wanting to know if I leave, get a CDD job and when that expires, apply for chomage. Anyone else had the same experience. I know the bosses in France are exploitative and they know they can get away with it (weak laws in France to protect workers).[/quote]It doesn't matter what nationality you are, I have been driven round the bend in the past with french folk not knowing their rights as workers. Even my DIL, made a right mess of her contract with the company she worked for, and my son managed to make a mess of his too. To say I was pulling my hair out, would be an understatement. With some exceptions employees in France are so well protected it beggar's belief, the exceptions I know of being the hotel, restaurant, leisure industries, where, I am hoping things are a little better now, but were appalling when my son worked in restauration and hotels for many years.So in general, french employees are protected. It is not hard to find who to help you, ie call the Inspection de Travail. https://www.service-public.fr/particuliers/vosdroits/F107and the Conseil de Prud'Hommes toohttps://www.service-public.fr/particuliers/vosdroits/F2360All links are live.I also look at Juri Travailhttps://www.juritravail.com/ My first port of call would be the Inspection de Travail. But be warned, you had better have facts for them, ie proof of hours worked and working practices and proof of lunch hours not being granted etc. If you haven't got all this already, start getting proper proof for them. I know who DIRECCTE is, but I have told you who I would be contacting.There truly is more than enough help out there. Link to comment Share on other sites More sharing options...
EuroTr@sh Posted May 21, 2020 Share Posted May 21, 2020 idun wrote: "I know who DIRECCTE is, but I have told you who I would be contacting"I think we're saying the same thing idun? DIRECCTE is the labour inspectorate where the labour inspectors work, so that is how you contact them. This is confirmed by the your link above which starts "Tout salarié ou employeur peut contacter l'unité territoriale de la Direccte dont dépend l'entreprise."There are very specific rules about working time, how it's recorded etc, but different rules apply depending on what job you do, whether there is a collective bargaining agreement in force etc. There is a good explanation here of the employer's obligationshttps://www.lailler-avocat.com/duree-du-travail-decompte-documents-controle/My experience with the labour inspectors was from the other end, on the side of an employer who copped for a random inspection, this was in the leisure/hospitality industry. Two inspectors arrived out of the blue with no warning, they went through all the paperwork with a fine tooth comb, they walked round the premises and talked to employees. They picked up a few discrepancies and once they had something to get their teeth into they were like terriers. They claim to be "firm but fair" but to be honest their brief seemed to be to fault the employer in any way they can. So I don't doubt that if an employee goes to them with evidence of an employer who is breaking the rules, they will get onto it. Link to comment Share on other sites More sharing options...
Judith-aka-Judith Posted May 21, 2020 Share Posted May 21, 2020 Never having worked in France, I cannot help with who to talk to, but that advice is well given above. What I will say is, that even though it is difficult, and I have been there too in jobs in the UK (but the job market was different then) at this present moment I would not change from a CDI to a CDD for anything.Stick it out for now, get the advice from those recommneded services above, keep your records, and if you do get the push, you have the information to move onwards, get reclamation etc. But do not jump until you are pushed, the French job market is too fragile to do that. Get the unions behind you and fight back, and get what you are owed by law. Link to comment Share on other sites More sharing options...
idun Posted May 21, 2020 Share Posted May 21, 2020 eurotrash, I have used the DGCCRF for other things and they were excellent. Link to comment Share on other sites More sharing options...
nomoss Posted May 21, 2020 Share Posted May 21, 2020 [quote user="vfeva"]I am working full time in a job (CDI) and my boss is very exploitative (working free overtime, no meal breaks etc). I have tried to complain to him (no avail), the government authorities ('not my problem'), Pole Emploi (cannot help) so I am left with the option to get the sack or leave. If I leave, I cannot apply for chomage (despite being exploited), I have checked with Pole Emploi, (it is a judicial process, this is going to cost $$-another story). So I am wanting to know if I leave, get a CDD job and when that expires, apply for chomage. Anyone else had the same experience. I know the bosses in France are exploitative and they know they can get away with it (weak laws in France to protect workers).[/quote]Has it occurred to you that your boss might be trying to make you quit? Link to comment Share on other sites More sharing options...
NormanH Posted May 21, 2020 Share Posted May 21, 2020 The best route to go down if possible is a rupture conventionnelle https://www.service-public.fr/particuliers/vosdroits/F19030 Link to comment Share on other sites More sharing options...
ericd Posted November 26, 2020 Share Posted November 26, 2020 Just reading this ..... the OP hasn't even had the decency to acknowledge your kind comments .... Link to comment Share on other sites More sharing options...
nomoss Posted November 26, 2020 Share Posted November 26, 2020 [quote user="ericd"]Just reading this ..... the OP hasn't even had the decency to acknowledge your kind comments ....[/quote]That often happens with one-time posters. To be fair, the OP may have bigger problems. Link to comment Share on other sites More sharing options...
Wespe61 Posted April 27, 2021 Share Posted April 27, 2021 https://www.youtube.com/watch?v=dLcMcdbb4Ho Link to comment Share on other sites More sharing options...
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