The employer

Article for agirpourlemploi.com blog

An employer is a physical or legal person who has under his direction and his authority one or more person (s) who undertakes (nt), in return for remuneration, to put his professional activity in the service of the employer.

It is responsible for the organisation of work and compliance with the rules and instructions relating to the activity of the employees and the association in respect of the privacy of employees, the collective agreement and the Labour Code.

The powers

The power of direction

The employer controls the employee and directs its work and must submit to his authority and accept orders and instructions without having the right to challenge it without however abuse of this right.

The supervisory power

The employer has the right to monitor the activities of its employees in the workplace through all legal means available to it. However, it must request administrative permissions and proceed to the representatives of the staff information and must respect the privacy of the employee.

The disciplinary authority

The employer can punish its employee if it considers that it lacks his duties. But it must follow a procedure governing the taking of penalty and be able to demonstrate its merits.

The power of management

The employer may freely develop its employee working conditions and will propose all amendments to the contract of employment as it considers necessary. However, it cannot impose none of these changes without the consent of the employee.

The obligations

The employer is subject to 7 General conditions:

• Respect for the right to work;
• Provide to the employee of the missions to perform and pay him a salary in return;
• Execution of the contract work and all its provisions in good faith;
• Training of employees;
• Preservation of the health and safety of employees;
• Respect for the fundamental rights and freedoms of the employee;
• Respect for the dignity of the employee.

Responsibilities

The employer can see causes its responsibilities:

• Civil: in the event of non-compliance with its obligations to the labour law, the contract of employment, to the training of employees etc…
• Criminal: in the event of non-compliance with its obligations to the right to work, to the preservation of health and safety of employees, the fundamental respect and freedoms of the employee etc…