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Leaving full time job (CDI) and applying for chomage


vfeva

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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).
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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.
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[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.

and the Conseil de Prud'Hommes too

All  links are live.

I also look at Juri Travail

 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.
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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 obligations

https://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.

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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.

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[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?

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