When you start your business, you have to be ready to face all the situations that we will inevitably face one day. Among these situations, there is obviously that of the sick leave of an employee. Beyond the steps to follow, it is important that you know, as employers, your rights and changes in legislation, especially in terms of teleworking.
Who pays for the work stoppage?
For an employee to be placed on sick leave, it must be officially prescribed by a doctor who will justify his decision. Once this stop is requested by the doctor, there are three days of deficiencies before the employee receives certain benefits. Most of these benefits are reimbursed by Social Security.
However, after one year of seniority in a company, the employee receives compensation from the employer. The number of days compensated ranges from 60 to 180 days depending on the employee’s seniority. This number of compensated days is also reduced if the benefits of the same nature have already been received during the last twelve months.
The rights of the employer
An employee’s sick leave can quickly cost a small company a lot of money. The employer, therefore, has a remedy to ensure that no abuse takes place and is called medical control by the employer. This employer’s counter-visit may only be required by the employer on the sole condition that the employer pays additional employer benefits to the employee on sick leave.
To perform this counter-visit, the employer simply has to appoint a specialized medical controller to ensure that the employee has not abused the situation. The mandated doctor will then verify three essential points, that is to say, the veracity of the disease, the real need for the prescribed period of time, as well as compliance with the patient’s immobilization obligations.
Indeed, some doctors prescribe sick leave without being too watchful and patients manage to abuse it. Some doctors also have a heavy hand on the duration of the sick leave and it is expensive for the company and Social Security. Finally, some patients do not meet the immobilization requirements and lengthen the duration of their illness.
Soon new solutions?
For some time, the government has launched several projects to tackle the thorny issue of sick leave. Indeed, there is no question of demonizing workers and doctors and it must be recognized that the vast majority of work stoppages are necessary and employees cooperate widely to heal quickly.
However, it is still very expensive and the government is considering whether to allow the company to ask the employee to work remotely during sick leave. For now, the question is asked about the stops of more than 6 months and could be an effective solution and a good compromise.
Hiring an apprentice means signing a work contract that allows the apprentice to work in the company and to follow a sandwich course in parallel:
all sectors can recruit apprentices, not just crafts,
apprenticeship contracts range from 1 to 3 years (often 2 years),
apprenticeships primarily concern young people aged 16 to 25 and disabled people with no age limit,
learning can be done in the context of a CAP, BAP, baccalaureate pro, DUT, BTS, or an engineering school.
A self-entrepreneur or micro-entrepreneur can quite hire an apprentice. The conditions and the formalities of hiring are the same as for any other type of company.
Attention, hire an apprentice requires:
to put in place good conditions for the exercise of the work of the apprentice and for his practical training,
to fulfill conditions of competence: indeed the self-entrepreneur (the “tutor”) must have a diploma and/or sufficient years of experience:
a diploma at least equivalent to that prepared by the young person, with 2-year experience in the profession,
professional experience of 3 years in the profession.
Note that the recruitment period for apprentices is between June and October of each year. Get in touch directly with the training centers of the consular chambers (CFA Chambers of Trades, Chambers of Commerce …), with Pôle Emploi or with Cap’Emploi (for the hiring of people recognized as disabled).
Hire an apprentice: the benefits.
Hiring an apprentice gives access to several types of help:
Hire an apprentice
partial exemption from social charges on the salary of the apprentice.
flat rate assistance up to € 4400 per year. This assistance must be requested within 6 months of the start of the contract.
Regional flat-rate aid (variable according to regions).
Hiring an apprentice also helps to prepare for the growth of his auto-business. If the apprentice is hired permanently, it will be good to change status.