.svg)
Companies subject to agreements promoting the prevention of arduous working conditions include private companies, industrial and commercial public establishments (EPIC), and administrative public establishments employing staff under private law conditions:
- with a minimum of 50 employees,
- AND for which a proportion of employees is exposed to arduousness factors exceeding exposure thresholds.
The minimum proportion of employees exposed to arduousness factors exceeding exposure thresholds is currently 50% of the workforce. This proportion will be lowered to 25% starting January 1, 2018.
What must arduousness prevention agreements contain?
Company (or group) agreements must address:
- 1° At least two of the following topics:
- Reducing multiple exposures to the factors mentioned in Article D. 4161-2, beyond the thresholds set in the same article;
- Adapting and modifying workstations;
- Reducing exposure to the occupational risk factors mentioned in Article D. 4161-2;
- 1° At least two of the following topics:
- 2. Furthermore, at least two of the following themes:
- Improving working conditions, particularly in terms of organization;
- Developing skills and qualifications;
- Managing the end of careers;
- Retaining employees exposed to the factors mentioned in Article D. 4161-2.
Each theme selected in the hardship prevention agreements must be accompanied by quantified objectives, the achievement of which is measured using indicators. These indicators are communicated at least annually to the members of the Health, Safety and Working Conditions Committee (CHSCT) or, failing that, to the employee representatives.
Furthermore, as of January 1, 2018, agreements must include measures allowing holders of a personal hardship prevention account to allocate the points accrued therein toward measures for reducing working hours or for professional training.
What should their duration be?
Company (or group) agreements are concluded for a maximum duration of three years.
What if there is no hardship prevention agreement with the social partners?
There are 3 options: an action plan, a sector-wide agreement, or a penalty...
In the event of a failure to fulfill the obligation to establish an agreement, the employer is subject to a formal notice and a penalty that can reach 1% of the remuneration of the workers concerned over the period in question.
Companies are not subject to the penalty when, in the absence of a company or group agreement, they have developed an action plan at the company or group level regarding hardship prevention, following consultation with the Works Council or, failing that, the employee representatives.
The requirements regarding the content and duration of the action plan are the same as those for the agreement (minimum number of themes addressed, maximum duration of 3 years, etc.).
Furthermore, companies with between 50 and 300 employees may "join" a sector-wide agreement to satisfy their obligation and thus avoid being penalized.
What if the company has already implemented an agreement or an action plan?
Agreements and action plans in effect as of January 1, 2015, remain valid until their expiration date.
Evolution of the hardship prevention system
An instruction published on March 13 provides details on the implementation conditions for the hardship prevention approach for the year 2015.