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Thursday, October 29, 2015
HRM Activities
The Human Resources Management (HRM) is a core activity for the company, because it encompasses all the activities relating to personnel management.
Dealing with problems
Personnel management, but this is also issues management. Thus, in case of accident, it is the people responsible for HRM to launch the various procedures. In cases of misconduct or abuse, HR can also apply disciplinary sanctions.
Absences and leaves
In a company, the absenteeism rate is an average of 5%. It is imperative to distinguish between unexcused absences and justified work absences, especially in the case of paid leave, reduction of working time, unpaid leave, sabbatical leave, a business ceation leave, sick leave, sick child leave.
Staff representation
The human resource management also includes everything related to staff representation. In fact, all companies with more than 11 employees must have at least one staff representative. It is the size of the company that determines the number and variety of functions performed by representatives such as the staff delegate, syndical delegate or syndical representative. These representatives are appointed or chosen in an election of staff representatives. Still according to the size of the company, creating a business committee and a committee of hygiene, safety and working conditions) may be required.
Depending on the size of the company, the HR department is more or less important. To carry out various HRM missions, there are not only softwares of personnel management, but also a variety of positions such as human resources manager, human resources responsible, human resources assistant or HR consultant. To exercise any of the functions of an HR service, professionals must be trained in HR.
Terms Of Employment Contracts
The work contract contains a number of provisions that organize the contractual relationship between employer and employee:
=> employment contract of trial period: the trial period must be provided in writing and in the form of clause in the employment contract, under penalty of nullity;
=> clause of probationary period: allows the employer to evaluate the adaptation of an employee for new functions to get him following a recruitment or following a change of duties;
=> clause of withdrawal-formation: the employee agrees to stay for a certain period in a company except to repay the investment in training made by the employer;
=> clause of employment contract mobility: allows the employer to change the workplace of the employee without the latter can not oppose it;
=> clause of employment contract exclusivity: the employer requires the employee to reserve his entire professional availability and his skills without being able to work elsewhere;
=> clause of employment contract non-compete: imposes a duty of loyalty to the ex-employee of an employer;
=> clause of employment contract confidentiality: prohibits the employee to disclose to others any sensitive and strategic information of company's life;
=> clause of package hours or days package managers: to escape the counting of working time weekly to pass an annual basis.
Content Of Employment Contracts
After hiring, it is usually necessary to write an employment contract.
A written employment contract formalization is not mandatory but drafting a written contract of employment has several advantages for the employer and the employee:
- writing is evidence in court cases ;
- writing ensures the validity of certain mechanisms and/or terms of the employment contract.
The writing is however imperative:
- when a collective agreement requires;
- when employer and employee agree on specific commitments whose the existence, the validity, the impact and the proof require that they are made in writing.
Here what is the content of employment contract (excluding required information by a collective agreement) :
=> IDENTITY OF PARTIES TO: > Name + address + No. Union of Recovery for Social Security and Family Allowance of employer. > Name + address of the employee. > Warning! If a foreign employee, mention and No residence titles/work.
=> DUTIES EMPLOYED: Reference to a type of position and possible conventional classification (coefficient).
=> HOURS OF WORK: Reference to time of work done under the contract.
=> COMPENSATION: Statement of remuneration paid by the employer: amount and detail.
=> WORKPLACE: Indication of the places where exercising the employment contract.
=> EFFECTIVE DATE OF CONTRACT: indication when the contract begins and has effect.
=> TRIAL PERIOD: (Eventually) Duration and conditions of development and/or renewal.
=> EARNINGS OF LEAVE: Indication of the employee rights on paid leave (how? how much?).
=> DURATION OF NOTICE TIME: Indication of notice time to be observed in case of dismissal, resignation, departure or retirement.
=> COLLECTIVE AGREEMENT: Indication of the applicable collective agreements to the relationship (business and/or company level).
Types of Employment Contracts
Types of employment contract chosen by the employer must belong to a defined and regulated category by the Labour Code or a collective agreement:
=> CID: the employment contract of indefinite duration is the general form of employment for a stable and sustainable employment;
=> CDD: the employment contract of definite duration is a fixed-term contract usable and available only in exceptional cases and under the conditions provided by law;
=> CDD to be defined: CDD reserved exclusively for hiring engineers and managers to be assigned to a project of limited duration;
=> part-time work contract: concerns all contracts with lower hours of work schedules;
=> intermittent employment contract: belongs to the category of employment contracts of indefinite duration (CID), intermittent work alternates periods with work and periods without work due to large fluctuations of the company activity during the year;
=> apprenticeship contract: a way of alternating training between theoretical knowledge acquired in the training center and know-how acquired in business;
=> professionalization contract: Allows insertion or vocational rehabilitation.
Association Meaning And Definition
Many new associations are created each year. You want to start your association but formalities of creation and management seem complex?
The association is an agreement by which two or more people are sharing their knowledge or activity, for a purpose other than profit sharing. It is based on two principles: freedom of association and contract.
The declared association: The most commonly used to create an association, this type of association has the legal capacity, allowing it to expand its activities,
The recognized association of public utility: the recognition of public utility gives an association the full legal capacity and valorize it.
This special status allows it to receive gifts, donations and bequests, and to obtain a national label that gives the association a special legitimacy in its field of activity,
The approved association: with approval, the association will be eligible to take certain benefits such as subsidies, tax exemptions, receiving gifts and bequests, etc.
Areas and activities covered by the associations are many and varied. It depends on your association project:
Athletic association: sports associations can benefit from state subsidies, provided they are approved. They can organize events with the authorization of authorities, open a refreshment after statement or hold a raffle in accordance with the law.
Cultural association: the cultural association can benefit many aid in the creation, public and private. The organization of shows requires an entertainment impresario of shows and payment of royalties to companies of copyright license.
Aid association: any victim of an offense may be assisted by an agreement association with so free and confidential manner. The national union and departmental unions of family associations are authorized to work in partnership with government. Many aid activities are supervised.
Humanitarian association: humanitarian associations aim to help the poor, affected or face wars or disasters populations. They try to meet vital human needs (hunger, health, education, access to water, etc.).
Environment association: approval obtaining allows associations of environmental protection have extensive powers, including in the courts, and work with the government.
Consumer association: the status of approved association allows consumer associations to take legal action to defend the collective and individual interests and to participate in public forums.
Student association: representative student associations are those that have object to defend human and material and moral interests, both collectively and individually, students. Other associations are used to assist in education, leisure and professional future.
Childminder association: nurseries can be collective or parenting nurseries. This type of association is managed by a qualified director of early childhood.
Trade association: an association may not have to share the benefits. The concept of competitive economic activity is determined by the fact that an association has a profit or non-profit activity. Depending on the nature of activity, the trade association enters into the competitive sector.
Employment Contract
Sign an employment contract is an involving act. Implications are important for the employer and employee: responsibilities, legal and financial obligations, and respect for rules set by the Labour Code and collective bargaining agreements. What happens next?
The employment contract gives rise to mandatory compensation in cash and/or kind.
Subordination for employment contracts
What characterizes and defines mainly the employment contract is the existence of a superior-subordinate relationship between two people:
=> the employer, that is to say one that:
- provides work to be performed;
- gives instructions regarding the conditions of work execution to be done;
- controls and monitors the execution of this work;
- punishes any shortcomings regarding the execution of this work;
- pays the execution of this work;
=> the employee must be an individual who:
- performs a work to receive from his employer;
- submits to the authority of his employer;
- receives remuneration for his work.
Employment contracts requalification: by a judge
Some commercial and/or outsourcing contracts may be reclassified as employment contracts if the business relationship covers a subordinate relationship between sponsor and provider.
But the transformation of a business relationship to a work relationship is neither instantaneous nor automatic: it is the judge who performs the requalification of employment contract.
Financing Entrepreneurship
There are different ways to finance a business creation :
> the personal contribution,
> the capital contribution,
> lending to business creation : banking, unsecured loan, etc.
An entrepreneur can also start a business without capital, certain legal forms of business permit it.
Aid to create a company
When you want to create your company you can, under certain conditions, benefit from assistance in business creation. This can take different forms :
> financial assistance to entrepreneurship : granted by communities or certain organizations,
> new support for the creation and recovery of activity: company creation,
> help for job seekers creating or taking over a business,
> young Innovative Company,
> advice to business creation,
> support to create business for the unemployed.
What implementation to choose?
The choice of implementation of the business is an important element of entrepreneurship. To facilitate its implementation at the beginning of activity, it is also sometimes possible to turn to a business incubator.
Procedures to start a business
When founded a company, one must deal with certain formalities, which vary according to the type of business. It needs therefore to have access to companies formalities center and to be registered in most cases with the trade and companies register.
Among other requirements, you must also consider the following :
> inquire for the rights and duties relating to industrial property,
> verify that the chosen activity for the company is not part of the regulated activities
> write articles of entrepreneurship,
> choose a tax regime for the company,
> contact an auditor and/or statutory contributions if necessary (sometimes mandatory),
> take out an insurance of company creation.
Special cases of entrepreneurship
Open a franchise or acquire a business are separate case in the field of entrepreneurship. We must know the characteristics.
This is also the case if we try to start a business abroad.
What to do according to the status?
Be employed and starting a business is an option : For this, you may be asked to leave for creation or get creative part time. This status allows certain benefits. This applies even if you are unemployed.
Human Resource Management
HRM, human resource management is a central activity in a company. From recruitment to training, through compensation, absences and union activities, it encompasses all the activities relating to personnel management.
To carry out the various tasks related to human resources, professionals must initially enforce the Labor Code. In a company, labor law, in addition to the Labour Code, has for source the various agreements concluded between employers and employees. Among these agreements include:
=> the collective agreement;
=> the branch agreement;
=> the company agreement;
=> the rules.
One of the main activities of an HR department is personnel management. It is thanks to personnel management that a company can make the best of all its employees by offering such courses and even promotions. This activity includes all procedures:
=> recruitment;
=> evaluation of staff;
=> forward management of jobs and skills;
=> but also compensation.
The Legal Status of New Business Creation
The contractor must choose a legal status for his company, sole proprietorship or partnership, which will determine the formalities of declaration, for his personal legal status, as well as fiscal, administrative and social. Create a society is to give birth to a new person legally distinct from the founding partners, the so-called "legal person".
The different legal status
The choice of company status depends on the type of professional activity that will be performed, and other factors to be taken into account:
* the company will be created individually or in association with partners ?
* what are the financing needs of the new structure ?
* the creator plans to separate his personal assets from business assets ?
The constitution of a company requires :
* to give it a name (social name or company name),
* to domicile it in a suitable local (headquarters),
* to bring it a minimum of money and/or goods that will constitute its share capital,
* to designate one or more persons to administer it and represent it in relation to third parties,
* to record in a contract all the rules that govern its operation (the "Status").
Factoring Meaning
Your company has a business and grant payment terms to its customers. You can reduce these delays without changing your commercial policy, by selling your receivables to a third party, a factoring company. The factoring company settles claims pending payment by the due debtor client. You get an "advance" cash.
Subscribe a factoring agreement avoids unpaid through the credit guarantee included in the contract. The factoring company supports the receivables management and relieves you of the administrative burden. The factoring company finances receivables within 24 or 48 hours and allows you to avoid cash offsets.
Types of Factoring
Depending on your needs and characteristics of your commercial policy, you can use different types of factoring.
Confidential factoring or anonymous factoring
The confidential factoring allows you to hide the use of factoring to your customers. The bills are supported by a factoring company without the customer concerned is informed.
Notified but not managed factoring
Notified unmanaged factoring is for a company to sell its debt to the factoring company that finances it while keeping hand on the cover.
Plus: this technique is useful for companies that have no concern for recovery or do not wish to delegate to a third party. It is slightly less expensive (expect a rebate of approximately 20%).
Subrogation
The subrogation notice informs the client to pay the bill, not to the debtor but to the subrogated factoring company. We talk about notified factoring.
Special cases
Import-export factoring
Import-export factoring works as factoring, with either privacy or notified choice. It is relevant for companies that develop internationally, especially those whose work displays differences related to seasonality.
Other bank financing
Other funding exist for those do not wish to engage in a factoring contract and prefer to manage the risks of the cash directly with their bank: discount line for example.
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