Therefore you directly hire a worker working in the personal services sector without resorting to a third party organization, you become a private employer. As such, you must respect the legal obligations incumbent on any boss, in order to avoid the risks associated with undeclared employment (reimbursement of expenses in the event of an accident, penalties of up to 45,000 euros and three years in prison. , increase in contributions in the event of an audit, etc.)
What do I declare?
If you plan to recruit a professional from home, you must declare yourself as an employer to the Union for the recovery of social security contributions and family allowances (Urssaf) before any hiring of the employee.
Second step: the declaration prior to hiring (DPAE), which is a necessary procedure for each employee you intend to employ. It must be carried out in the 8 days preceding any hiring and makes it possible to be in order in the event of control.
If you recruit a full-time employee, you must register him with an occupational health service, in the month following his hiring.
A contract in good standing
When recruiting (or at the latest at the end of the trial period), the individual employer and his employee must sign an employment contract. It can be for a fixed or indefinite period, full-time or part-time. On this fixed contract are indicated the obligations of each one such as the nature of the tasks to be performed, the duration and the working hours, the remuneration, the conditions …
The gross salary cannot be lower than the hourly minimum wage or the minimum wages fixed by the collective agreement of the employees of the private employer. A signed copy must then be given to the employee.
Declare your employee thanks to Cesu
Your administrative obligations can be reduced thanks to the universal service employment check (Cesu). As a private employer, you fall under the declarative Cesu, which allows you to declare online your home staff (remuneration, working hours) to the Urssaf and easily pay the associated social charges, deducted directly. to your bank account. This procedure also makes it possible to provide your employee with social protection (unemployment, sickness, retirement, etc.).
This device should not be confused with the pre-financed Cesu, a means of payment in the form of a fixed-amount check book or dematerialized via the Internet. These vouchers are offered by certain private and public companies to their employees and can also be issued by funders of social services (CCAS, departmental council, mutual, pension fund, etc.) as financial support. Once in your possession, you can use it to pay all or part of your employee’s salary.
Beware of your employee’s rights
The person employed at home has the status of employee and benefits, as such, from a certain number of rights under the Labor Code and the collective agreement of the employees of the private employer. Working hours are thus limited to 40 full-time hours per week and paid leave corresponds to 2.5 working days per month of presence at work. We can also mention social security, medical follow-up or even the legal guarantees that apply in the event of breach of contract.
Finally, as an employer, you must reimburse your employee for part of his travel expenses when he uses public transport to come to work, and, under certain conditions, if he travels with his personal vehicle.