New job problems... please help me.
Sep 16th 2018, 8:13 pm
#1
Just Joined
Thread Starter
Joined: Sep 2018
Posts: 6
New job problems... please help me.
Hello everyone, I’m back again.
I desperately need some advice from someone who knows the French employment side of things because I’m really struggling here. This may be long, so bear with me please. I’ll be so grateful for any advice I can get.
I recently started my new job, and I’m really worried about a few things. I work as an English teacher (mi-temps, CDII). My contract states I’m meant to work 20-25 hours a week but the company I work for is currently unable to give me these hours as there aren’t enough clients. My boss was going to start the sécu process for me but has since changed her mind, although she said I may be paid later than my other colleagues because of this. Is that legal?
Also I was wondering how much time employers legally have to give you if they’re changing your hours. Tonight, for example, she has emailed me to change my hours for tomorrow (not even 24hr notice). This is the 3rd time she has done this in as many weeks. I understand it’s difficult as there are clients involved, but I don’t appreciate the fact that she has most likely known since yesterday that she would change my hours (business isn’t open on sundays) and didn’t call me or text me to let me know.
Last week I worked my one day off to go and meet a potential client just out of good will, but I’m worried that my boss took that as a ‘go-ahead’ to change my hours last minute. I’ve looked online and I’m unsure if the 3 days minimum notice applies to me, so that’s why I’m asking on here.
I haven’t yet responded to her as I’m away with family but am now having to look at leaving at 7am tomorrow morning just to get there on time, as I have a 1hr commute to work. Please could someone let me know if she is legally able to do this or not, and if not, how I can go about challenging her.
Thank you so much.
I desperately need some advice from someone who knows the French employment side of things because I’m really struggling here. This may be long, so bear with me please. I’ll be so grateful for any advice I can get.
I recently started my new job, and I’m really worried about a few things. I work as an English teacher (mi-temps, CDII). My contract states I’m meant to work 20-25 hours a week but the company I work for is currently unable to give me these hours as there aren’t enough clients. My boss was going to start the sécu process for me but has since changed her mind, although she said I may be paid later than my other colleagues because of this. Is that legal?
Also I was wondering how much time employers legally have to give you if they’re changing your hours. Tonight, for example, she has emailed me to change my hours for tomorrow (not even 24hr notice). This is the 3rd time she has done this in as many weeks. I understand it’s difficult as there are clients involved, but I don’t appreciate the fact that she has most likely known since yesterday that she would change my hours (business isn’t open on sundays) and didn’t call me or text me to let me know.
Last week I worked my one day off to go and meet a potential client just out of good will, but I’m worried that my boss took that as a ‘go-ahead’ to change my hours last minute. I’ve looked online and I’m unsure if the 3 days minimum notice applies to me, so that’s why I’m asking on here.
I haven’t yet responded to her as I’m away with family but am now having to look at leaving at 7am tomorrow morning just to get there on time, as I have a 1hr commute to work. Please could someone let me know if she is legally able to do this or not, and if not, how I can go about challenging her.
Thank you so much.
Sep 17th 2018, 7:00 am
#2
Forum Regular
Joined: Mar 2009
Location: Bouches du Rhone (13)
Posts: 263
Re: New job problems... please help me.
Your contract should state the minimum contracted hours along with a rate for any additional hours you do (at least the ones I have seen do). If it really says 20-25 hours then it should also say how those hours are determined weekly ie. how far in advance they are agreed etc., or you should have queried it before signing to make sure you are happy with that. Not sure what the relevance of the sécu part of your message, it seems unrelated? Are you still on a trial period, which works both ways and if it is not resolved you could walk away?
Sep 17th 2018, 7:22 am
#3
Lost in BE Cyberspace
Joined: Jan 2012
Location: Dépt 61
Posts: 5,254
Re: New job problems... please help me.
Hi agai flossiebee, sorry to hear of these issues. Unfortunately it's not anything I have experience of, so I can't offer specific advice. I assume you've read your contract carefully, does it mention anything about short-notice changes to schedule?
To be honest it sounds as if the organisation and/or the boss is a bit of a shambles. (I assume it's an established organisation not a new start?) They shouldn't have offered you 25 hours a week if they don't have 25 hours a week to give you. They should be able to get their act together and pay you on time. It sounds to me like they are counting on you needing them more than they need you, and unfortunately if that's the case it's basically up to you to decide how much sh1t you're prepared to put up with in order to have a job. Legal or illegal is, in a sense, irrelevant at this stage because your employer is probably fairly sure that as a youngster and newcomer to France you are not about to embark on the process of bringing in the inspecteur de travail and starting a process against them: is she right? Because unless you really are prepared to do this then there is no point threatening her with the work inspector, she'll call your bluff. I think you need to turn it into a personal issue, make her see you're a good worker and you're prepared to give and take but you're not a pushover and she has to do some giving as well as taking as well. But that is just my gut reaction based on what you've said and how I'd probably react, it could be the wrong thing to do.
Do you meet the other guys that work for her, if so can you start by asking them if they have the same issues and how they deal with it?
To be honest it sounds as if the organisation and/or the boss is a bit of a shambles. (I assume it's an established organisation not a new start?) They shouldn't have offered you 25 hours a week if they don't have 25 hours a week to give you. They should be able to get their act together and pay you on time. It sounds to me like they are counting on you needing them more than they need you, and unfortunately if that's the case it's basically up to you to decide how much sh1t you're prepared to put up with in order to have a job. Legal or illegal is, in a sense, irrelevant at this stage because your employer is probably fairly sure that as a youngster and newcomer to France you are not about to embark on the process of bringing in the inspecteur de travail and starting a process against them: is she right? Because unless you really are prepared to do this then there is no point threatening her with the work inspector, she'll call your bluff. I think you need to turn it into a personal issue, make her see you're a good worker and you're prepared to give and take but you're not a pushover and she has to do some giving as well as taking as well. But that is just my gut reaction based on what you've said and how I'd probably react, it could be the wrong thing to do.
Do you meet the other guys that work for her, if so can you start by asking them if they have the same issues and how they deal with it?
Sep 18th 2018, 9:50 am
#4
Just Joined
Thread Starter
Joined: Sep 2018
Posts: 6
Re: New job problems... please help me.
Hello, thank you for your help!
My contract doesn’t actually state how far in advance they have to notify me of schedule changes. I should’ve queried at the time but I was rushed into signing it. I fully accept responsibility for that as I should’ve asked to take it home.
The business is less than 5 years old and is family run. To say that the owners are inexperienced and that is is a shambles is an understatement. However, no one else was interested in hiring me at the moment and money is beginning to run low so I took what I could get just to get a foot in the door.
For my sécu, it’s so that I can get paid. I don’t currently have one (was under the impression my boss was going to do that for me, but she has now backtracked). I’m a little worried about that.
Also yes you’re right that I am in the trial period, I have a trial period of 2 months so I can leave if I need to but ideally I’d like to get another job before doing so. She has declared me to the URSSAF but when I asked her about my sécu and when I can expect it, she told me that I would have to do that myself. She said she has too much to do. This week I am going to CPAM and I’ll be taking my contract with me so they can check it over as well. I’m unsure if I should insist she helps me but knowing how disorganised she is, I think it would be quicker if I did it myself.
My boss did promise me 20-25 hours but doesn’t have those for me. She also expects me to somehow buy a car so that I can work more hours, but I can’t actually do that without being paid.
Sorry for the long winded and convoluted posts, please let me know if there’s any other info you want.
My contract doesn’t actually state how far in advance they have to notify me of schedule changes. I should’ve queried at the time but I was rushed into signing it. I fully accept responsibility for that as I should’ve asked to take it home.
The business is less than 5 years old and is family run. To say that the owners are inexperienced and that is is a shambles is an understatement. However, no one else was interested in hiring me at the moment and money is beginning to run low so I took what I could get just to get a foot in the door.
For my sécu, it’s so that I can get paid. I don’t currently have one (was under the impression my boss was going to do that for me, but she has now backtracked). I’m a little worried about that.
Also yes you’re right that I am in the trial period, I have a trial period of 2 months so I can leave if I need to but ideally I’d like to get another job before doing so. She has declared me to the URSSAF but when I asked her about my sécu and when I can expect it, she told me that I would have to do that myself. She said she has too much to do. This week I am going to CPAM and I’ll be taking my contract with me so they can check it over as well. I’m unsure if I should insist she helps me but knowing how disorganised she is, I think it would be quicker if I did it myself.
My boss did promise me 20-25 hours but doesn’t have those for me. She also expects me to somehow buy a car so that I can work more hours, but I can’t actually do that without being paid.
Sorry for the long winded and convoluted posts, please let me know if there’s any other info you want.
Sep 18th 2018, 12:03 pm
#5
Lost in BE Cyberspace
Joined: Jan 2012
Location: Dépt 61
Posts: 5,254
Re: New job problems... please help me.
The more info you give, the more I think that to be honest it's one of those situations that's never going to be ideal, you will just have to muddle through as best you can. Eventually you'll either get to the stage where you manage to rub along together well enough, or you'll decide that enough is enough. However I would definitely keep looking for something else because the business doesn't sound exactly rock solid. In France, businesses that struggle with their admin and can't afford to meet their obligations, tend not to be sustainable. It already sounds as if she is dependent on you going above and beyond to make up for shortcomings within the business itself. It's possible that if you play it right and make yourself invaluable and the business eventually comes good she might show her appreciation and gratitude, but it's equally possible that she won't, or the business will fold, and you'll have wasted your time and effort and goodwill.
I wouldn't expect CPAM to check your contract over, other than to verify that you have a job. CPAM deals with healthcare, not employment law. Hopefully they won't ask for a payslip, or you'll be in a Catch-22 with no payslip without a sécu number and no sécu number without a payslip, but I honestly have no idea how it works - the only time I was employed was by a municipal school and they sorted it all out, and it was decades ago so the systems will no doubt have changed. When you go along I would explain exactly where the situation is at, and get as much information and explanation from them as you can.
Bonne continuation ;-)
I wouldn't expect CPAM to check your contract over, other than to verify that you have a job. CPAM deals with healthcare, not employment law. Hopefully they won't ask for a payslip, or you'll be in a Catch-22 with no payslip without a sécu number and no sécu number without a payslip, but I honestly have no idea how it works - the only time I was employed was by a municipal school and they sorted it all out, and it was decades ago so the systems will no doubt have changed. When you go along I would explain exactly where the situation is at, and get as much information and explanation from them as you can.
Bonne continuation ;-)
Sep 18th 2018, 12:06 pm
#6
Forum Regular
Joined: Mar 2009
Location: Bouches du Rhone (13)
Posts: 263
Re: New job problems... please help me.
For the sécu registration, it is a good idea to go into the CPAM office with your contract and all other ID documents, proof of address etc and they should sign you up there, with the social security attestation (with number) following in the post, and the carte vitale following shortly afterwards. At least that's how I remember it when I first came to France and I don't think my employer did any of the registrations. BTW, this is for registration, not to get an opinion on your contract rights which is not CPAM's role. You will also need to remember to do the tax declarations next year (by May) which involves going into the tax office the first time to get the forms. Regarding the terms of the contract, I guess it will be a case of dealing with the owner on what you consider to be fair or unfair in relation to what is written down and signed by you, and negotiating something that works for both of you.
Last edited by south_bound; Sep 18th 2018 at 12:09 pm.
Sep 18th 2018, 2:42 pm
#7
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Joined: Apr 2009
Location: Scotland & Touraine [37]
Posts: 3,018
Re: New job problems... please help me.
Hi flossiebee
Take the advice given above and get paid with a payslip and then start looking for another job.
HTH
Take the advice given above and get paid with a payslip and then start looking for another job.
HTH
