2010 EDITION

A GUIDE FOR SEASONAL WORKERS

> Welcome to the world of agriculture rabic, Translated into A h; Polish and Englis this document is available for : downloading at www.anefa.org

NATIONAL ASSOCIATION FOR AGRICULTURAL EMPLOYMENT AND TRAINING

Editorial ent signed on As part of an agreem to e seasonal work, July 18, 2002 relativ ral labor unions France’s agricultu , ganizations intend and employers’ or ith w to provide you through this guide, useful information all necessary and ith tter acquainted w to help you get be onment. your working envir ve the questions you’ It is our hope that ly k are adequate been meaning to as answered herein. r unions and emThe industry’s labo s ns are your source ployers’ organizatio n’t do ation, please of additional inform em. th t hesitate to contac

USRTL

Fédération Nationale

FNAF

Agroalimentaire er Forestière

rs in Some key numbe sector the agricultural

tor of duAgriculture: A crea y jobs ! rable, high-qualit ral businesses 140,000 agricultu as varied as covering sectors ket gardening, tree farming, mar rticulture, plant winegrowing, ho t gardens, crop nurseries, marke le production.. farming and catt

Each year, al employment 1,100,000 season ral ed in the agricultu gn si e ar s ct ra nt co . production sector post. s hold a seasonal ee oy pl em 0 00 0, 85 s of a l enjoy the benefit 320,000 personne . oyment contract permanent empl

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Greetings, This guide is addressed to those 16 and older who have recently been hired by an agricultural business. You’ll find herein an explanation of the main characteristics of your new status..

> Contents As a new hire Employment contract Work schedule Pay slip Occupational safety Employee rights You’re a member of the team now Useful contacts (contained in the pull-out booklet)

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As a new hire the Getting started on right foot ! eep followed A good night of sl t, and you’ll by a big breakfas energetic all be attentive and r to keep day. Also remembe ring the du ed at yourself hydr n-alcoholic day by drinking no beverages.

ork An appropriate w ceroutfit helps avoid tain risks : that’s suited Opt for clothing nditions (rain co to the weather A good pair jacket, boots, hat). d well proof comfortable an ts against en ev tected shoes pr injuries. All sprains, falling or ent, if nespecialized equipm pplied by the cessary, will be su employer.

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The set of documents to provide your employer : You’re already registered with the French Social Security Administration

These documents are required to validate the job offer. In addition, the following may be requested of you :

(you’ve already been given a Social Security number)

> Your bank details,

> of your Social Security registration (the «carte vitale»). You’re a citizen of a European Union Member State > Your ID card. You’re a citizen of a country outside the European Union > VOfficial identification (or at least a notarized certified copy), or copy of your birth certificate, > Your French residency permit and/or seasonal work permit

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> Your driver’s license, > Your immunization record.

ct

tra Employment con

d to sign a fixed-

You may be aske ract is seasonal in nt co t at: en m oy pl em - term contract th is primarily charac it , ch su as e; op sc rm employment. andard contract, terized by fixed-te • qualifies as a st f work as part of • includes days of be ay t to reduce time This contract m a labor agreemen established : spent at work, ility to adjust • offers the possib riod: pe e tim c ifi ec sp a • for conditions, nce when your you know in adva number of hours. • stipulates a fixed , re pi ex ll wi ct ra cont ed length: o• for an unspecifi validity, your seas once the desi- To ensure its s re : pi t ex us ct m ra ct nt ra the co ment cont . en accomplished nal employ be s ha rk wo ed gnat plicate, • be prepared in du er, u and your employ • be signed by yo de clu in d an name, • mention you by d curity number an se l cia so both your name, your employer’s the contract is to te da e th • indicate e expiration date take effect and th in (if not, the min should it be know , n) ratio mum contract du ationary period (1 ob pr e th • specify a maximum of 2 day per week with ract whose initial weeks for a cont ths or less; one term lasts 6 mon ract whose initial month for a cont nd 6 months), term extends beyo […]

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[…] • describe your job, • place your status on the job classification scale, along with the corresponding grade, • list your remuneration conditions, • reference the applicable collective bargaining agreement, • include, if applicable, the name and address of any pension fund and supplemental retirement fund, • be returned to you with one signed copy.

Tip : Keep your employment contract on file for 5 years following its expiration. This record may be of use to you in the event of a dispute with your employer.

Reminder ! want to draw your attention to the fact the seasonal employment contract does not grant eligibility for unemployment compensation / benefits.

You’ve signed a «TESA» : The TESA (acronym for a Comprehensive Agricultural Employment Contract) is a procedure that, with just a single form, enables completing all administrative formalities relative to both the hiring process (registration with the MSA social security agency, work contract, etc.) and seasonal contract expiration (compilation of pay slips, certification of experience for the Employment Office). IUnder no circumstances does the TESA contractual format alter your rights based on your status as an employee. RTT : Reduction in working hours TESA : Comprehensive Agricultural Employment Contract

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Work schedule ct. Your ployment contra em e th in d te ca ing 35 hours le is indi gins after complet Your work schedu be f of e tim r fo time or the amount ricultural sector, eligibility for over ag e th In k. ee w agreement, e given ed by a national of work during th rn ve go ly al sic ba e bargaining king is specific collectiv of time spent wor ur yo t ul ns co u that yo but we also advise tional details. di ad r fo agreement y: Longest work da y, da a 110 hours waiver). (12 hours, with a y: Rest time per da , um im in m s ur ho 11 ecified. sp ise unless otherw week : Maximum work 48 hours a week with a waiver). (60 hours or more, d: Weekly rest perio ecutive hours, ns co 35 of Minimum ified. ec sp unless otherwise Paid overtime : per week or as beyond 35 hours an average.

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> Seasonal employment contract and days off work : In compliance with legislation reducing the work week from 39 to 35 hours, this contract includes days off work that can be applied either during the contractual period or just prior to contract expiration.

> Seasonal contract and allowed adjustments : According to this contract, all hours worked in excess of 35 a week must be compensated by time off work, to be taken during the contractual period or just prior to contract expiration, so as to ensure that on average 35 hours a week were spent working over the entire contract duration. If the requisite number of hours off work were to be taken just prior to contract expiration, you would continue to receive your salary while given the opportunity to work elsewhere.

> Seasonal contract and number of working hours :

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This contract covers a fixed period of time (you know exactly when the contract expires), during which the number of hours required to complete the given assignment is specified. If the targeted assignment is completed prior to expiration of the contract term, then you’ll continue to be paid your salary yet still have the opportunity to work elsewhere.

The pay slip oyer is required to

salary, your empl Upon paying your with a pay slip..

provide you

d on ons must be printe ti ca di in y ar im pr The following all pay slips : 1 2 3 4

s name and addres e Your employer’s cial Security offic SA employer’s M So ur yo of e ) m e» al na e vit Th e «carte y number (from th sector of actiYour Social Securit to the company’s ng di on sp rre co de co s The NAF busines vity

Reminder Every pay slip is to be kept in your files for an unlimited amount of time to ensure your eligibility for social services: medical care, insurance, unemployment benefits, retirement pension, etc....

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5 6 7 8 9 10 11

The title of the collective bargaining agreement applicable to your company Your name, job title and occupational classification The contract period and number of working hours on which your salary is based The amount of your before-tax (gross) remuneration: this is your salary before withholding of employee contributions The amount of your after-tax (net) remuneration: this is the amount you’ll actually be paid The amount of your net taxable remuneration: this is the amount you’ll be required to declare to tax authorities Both the employee and employer contributions may be combined by major allocation category. BULLETIN DE PAIE Employeur : Section :

1

2

4

Établissement : Salarié :

Convention collective :

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Emploi : Qualification : Abattement : Date d’entrée : N° S.S. :

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Coefficient Niveau : Échelon :

Période du : Les montants sont exprimés en Euros. Code

0100

Intitulé

Nombre ou Base

Salaire mensuel

4000

TOTAL DU BRUT

4100

Sécurité sociale totalité Accident du travail Sécurité sociale plafonnée Transport Assedic Ta Assedic Tb Assedic Fngs

4106 6002 6500 6501 6502 7600 8500

Montant

Charges patronales

Taux

Montant

8

7

0117

4102

Taux

C.s.g déductible TOTAL IMPOSABLE

11

9000

C.s.g - C.r.d.s Taxe sur Prévoyance Carte Orange TOTAL DU

9900

TOTAL NET À PAYER

9911

Formation continue Taxe apprentissage Jours réels travaillés Cumul annuel des jours travaillés

8550 8552 8600

9912 9985 9986

Charges

Congés payés Acquis : En cours : Pris : Restant :

NET A PAYER

Salariales : Patronales : Totales : Coût Global :

Equivalent en Francs Paiement : Banque : Bénéficiaire : RIB :

CONSERVEZ CE BULLETIN DE PAIE SANS LIMITATION DE DURÉE

HEURES MOIS CUMUL

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BRUT TOTAL

BASE TR. A

BASE TR. B

Virement

BASE TR. C

9 le :

IMPOSABLE

BASE CP

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NB : Within the scope of a TESA contract, pay slip formats will differ

y Workplace safet ment: Professional equip supplies you When an employer ar, you are requiwith protective ge se you’ll be held red to wear it, or el r any accident personally liable fo ch gear includes that may occur. Su alls and gloves. helmet, boots, over

s: Occupational risk osanitary proExposure to phyt acids and other ducts, fertilizers, be hazardous to compounds may must therefore be your health and eme caution. handled with extr ided by your All guidelines prov ager, as well as employer or man cated on product instructions indi e be followed to th packaging, must ly te ria op be appr letter. You need to special atteny pa d equipped an ur hands after tion to washing yo ucts. use of such prod ith these prow ng When worki smoke. ducts, never eat or

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2010 EDITION

Useful contacts

NATIONAL ASSOCIATION FOR AGRICULTURAL EMPLOYMENT AND TRAINING

> Labor rights legislation MINISTRY OF AGRICULTURE AND FISHING SDTPS – Workplace and social protection 78, rue de Varenne - 75349 PARIS Cedex 07 Phone : 01 49 55 56 00 www.agriculture.gouv.fr MINISTRY OF LABOR, SOCIAL AND FAMILY AFFAIRS, SOLIDARITY AND URBAN REVITALIZATION General Directorate of Labor 39/43 quai André Citroën – 75902 PARIS Cedex 15 Phone : 01 44 38 38 38 www.travail-solidarite.gouv.fr

Trade unions representing employees FGA-CFDT 47/49, avenue Simon Bolivar - 75950 PARIS Cedex 19 Phone : 01 56 41 50 50 - Fax : 01 56 41 50 30 www.fga.cfdt.fr FNAF-CGT 263, rue de Paris - Case 428 - 93514 MONTREUIL Cedex Phone : 01 48 18 83 27 - Fax : 01 48 51 57 49 www.fnafcgt.fr FGTA-FO 7, passage Tenaille - 75680 PARIS Cedex 14 Phone : 01 40 52 85 10 - Fax : 01 40 52 85 12 www.fgtafo.fr

SNCEA-CFE-CGC 73, rue de Clichy - 75009 PARIS Phone : 01 53 20 33 90 - Fax : 01 53 20 33 93 www.sncea.fr

Trade organizations representing agricultural employers

Useful contacts

CFTC Agri 2, rue Albert Camus - 75010 PARIS Tél : 01 40 18 70 96 - Fax : 01 40 18 09 42 www.cftc.fr

FNSEA 11, rue de la Baume - 75008 PARIS Phone : 01 53 83 47 47 - Fax : 01 53 83 48 48 www.fnsea.fr FNCUMA 43 rue Sedaine - 75011 PARIS Phone : 01 44 17 58 00 - Fax : 01 44 17 58 01 www.cuma.fr Entrepreneurs des territoires 44, rue d’Alésia - 75014 PARIS Phone : 01 53 91 44 80 - Fax : 01 53 91 44 85 www.e-d-t.org UNEP 10, rue Saint-Marc - 75002 Paris Phone : 01 42 33 18 82 - Fax : 01 42 33 56 86 www. entreprisesdupaysage.org USRTL 15, rue du Louvre - 75001 PARIS Phone : 01 53 40 94 50 - Fax : 01 53 40 94 51

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> Social service providers, occupational medicine For all personalized information regarding medical prevention services, maternity, family and housing assistance, retirement benefits, health and social services and workplace safety, feel free to contact the Head Office of the MSA social security organization at : CCMSA Head Office of the MSA Social Security Organization Les Mercuriales - 40, rue Jean Jaurès - 93547 BAGNOLET Cedex Phone : 01 41 63 77 77 - Fax : 01 41 63 72 66 www.msa.fr This office will route you to the agency closest to your home.

> Pension benefits, social services and supplemental retirement accounts AGRICA 21, rue Bienfaisance - 75382 PARIS CEDEX 08 Phone : 01 71 21 00 00 - Fax : 01 71 21 00 01 www.groupagrica.com ANIPS 4/6 rue d’Alsace – 92033 LA Défense CEDEX Phone : 01 70 96 72 38 www.anips.fr UNPMF 125 avenue de PARIS – 92327 CHATILLON Cedex Phone : 01 42 53 22 30 www.mutex.fr

POLE EMPLOI Le Cinétic - 1-5 avenue du Dr Gley - 75987 PARIS Cedex 20 Tél .: 39 49 www.pole-emploi.fr

> Employment and training

Useful contacts

> Unemployment benefits

ANEFA 6 rue de la Rochefoucauld - 75009 PARIS Phone : 01 46 07 58 22 - Fax : 01 46 07 55 50 www.anefa.org POLE EMPLOI Le Cinétic - 1-5 avenue du Dr Gley - 75987 PARIS Cedex 20 Phone : 39 49 www.pole-emploi.fr FAFSEA 153 rue de la Pompe - 75179 PARIS Cedex 16 Phone : 01 70 38 38 38 - Fax : 01 70 38 38 00 www.fafsea.com ACSE 209, rue de Bercy - 75585 PARIS Cedex 12 Phone : 01 40 02 77 01 ou 01 40 02 77 02 - Fax : 01 43 46 04 27 www.lacse.fr

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> Notes

VII

Notes

Legislation and labor law DDTEFP - Departmental Agency of Labor, Employment and Professional Training SDTPS - Office of Labor and Social Protection

Glossary

> Glossary

Trade organizations - Employees’ section FGA CFDT - General Food Processing Federation of the CFDT organization FNAF CGT - National Food Processing and Forestry Federation of the CGT organization FGTA FO - General Federation of Farm Workers affiliated with the FO organization CGTC AGRI - Federation of Christian Trade Unions among Agricultural Organizations and Professions of CFTC SNCEA CFE CGC - National Union of Agricultural Company Managers, with the CFE-CGC

Trade organizations - Employers’ section ENTREPRENEURS DES TERRITOIRES - Companies active in farming, rural development and forestry FNCUMA - National Federation of Farm Machinery Use Cooperatives FNSEA - National Federation of Farmers’ Unions UNEP - National Union of Landscapers USRTL - Trade Union of French Textile Workers in Flax Retting and Stripping

Social services CCMSA - Head Office of the MSA Social Security Organization

Pension benefits, social services and supplemental retirement accounts AGRICA - Pension and Supplemental Retirement Organization ANIPS - National Joint Professional Association for Employee Pensions UNPMF - National Union for the Mutualité Française Pension Fund

Emploi, formation et allocations chômage ACSE - National Agency for Social Cohesion and Equal Opportunity ANEFA - National Association for Agricultural Employment and Training FAFSEA -National Insurance Fund for Training Farm and Agricultural Employees PÔLE EMPLOI - Institution stemming from the merger of the ANPE and ASSEDIC Employment Associations, dedicated to serving job-seekers and companies

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> Physical risks : To avoid creating physical problems, learn the appropriate posture and body movements and be sure to follow all advice provided. Verify that all your immunizations are up to date, especially the anti-tetanus vaccine. Remember to protect yourself from possible insects and exposure to the sun. Should you be allergic, be sure to have your medicine with you as your employer is not allowed to distribute any drugs.

> Equipment risk : You must never use a machine without being authorized to do so by your employer or supervisor. It is important to notify management of all equipment anomalies and malfunctions.

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y Workplace safet hicles, rtain types of ve ce ve ri d to employer. Before er ur yo rd om In o mc authorization fr specifi required to co you must hold a ation, you may be iz or th au an ch being granted su urse. plete a training co

Right to opt-out

ork situation If you feel your w ediate danplaces you in imm health or if ger for your life or flaws in the you have detected n systems business protectio the right to in place, you have ork situation opt out of your w ployer or his and alert your em cordingly, representative ac tion being without any sanc or salary imposed on you withheld.

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> In case of accident : - Turn off the machine, - Inform your employer or supervisor, - Notify the emergency services, - Avoid moving any of the victims

> How to respond in case of an accident : - Protect yourself and others as long as the risk remains, - Protect the victim in order to avoid exacerbating his/her injuries, shelter him/her from the sun, rain or cold, - Immediately notify or request notification of emergency services: SAMU ambulance (dial 15), fire-fighters (18), European emergency cell number (112).

A set of documents relative to your specific type of activity have been produced by the MSA Agency. Practical tips on preserving your good health have been included in the materials. You can request these documents from the Workplace Health & Safety Office of your local MSA Agency.

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Your rights ect to l sector (with resp in the agricultura ire qu ac nefits) are l be u’l t yo en s The right d unemploym an g in in tra l na ofessio rights you’ve social services, pr tivity, just as the ac of s or ct se r he re. in all ot fully recognized nored in agricultu her sectors are ho ot in ly us io ev pr acquired

cial services :

Your rights to so

d by MSA

> Services offere

ble to or makes you eligi e agricultural sect th in t y organizaen rit m cu oy Se pl Your em e MSA Social th g tin ac nt co by hts s’ compensation exercise certain rig rvices and worker se ty ni er at m e, ranc d your family tion. Medical insu hours worked an of r be m nu e th nd on ical exam. (per diem) all depe mpanied by a med co ac be t us m t tmen ver, you can status. Your recrui an 45 days howe th r we fe g in st la racts be held For seasonal cont nal physician to m your occupatio fro am ex an ch su request rk. before or after wo submit to MSA > Documents to imbursements, • For your first medicacol re y slips a py of your pa you’ll need to send ntially te po ailing address, and your exact m , ils your bank deta accompanied by for reasons of

• Should you miss woacrkcident, you must

ace illness or workpl ent ur medical or accid submit to MSA yo ber em m re 48 hours (also certificate within ployer). to notify your em t, you workplace acciden In the event of a any of nt fro d to pay up will not be require . your medical bills

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Reminder : Be sure to date and sign all documents you send to MSA, and make a point of writing your social security number on all correspondence !

> Supplemental social protection : Besides the reimbursements and subsidies paid by the MSA Agency, you are eligible to benefit from a number of supplemental services. For such extra services, you’ll be contributing to MSA’s fund in order to add to your supplemental retirement account and eventually to benefit from a supplemental disbursement in case of illness or death. Moreover, your supplemental retirement and pension institutions may award you subsidies as part of their social action plan.

AGRICA, ANIPS and UNPMF are advocates for agriculture employees through promoting :

• a retirement account that complements the basic pension fund managed by MSA, • supplemental benefits, in the event of death or disability, plus additional health coverage, • social actions: subsidies provided to widows/widowers and orphans, families, the unemployed, students, etc.

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Your rights g ofessional trainin anted access to pr gr e se ar u ur yo co , a ee nd oy te Like any empl u may elect to at working hours, yo resources. During training plan. pany’s personnel as part of the com

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Your rights to receive professional training Over the period of your fixed-term employment contract, you may take advantage of::

> Individual Educational Leave*, if you happen to be in one of the two following situations : -- You’ve worked a total of 12 months over the 4 previous years, including 4 months spent on a fixed-term employment contract in the agricultural sector within the past 2 years; - You’ve worked a total of 24 months over the 5 previous years, including 4 months spent on a fixed-term employment contract in any sector of activity within the past 12 months. * CIF-CDD : CFrench acronym for Individual Educational Leave for Fixed-Term Contract Employees..

> Professional CIF training, Under certain conditions, you can benefit from an allocation of 80 training hours, provided you’ve worked a total of 4 months on a fixedterm employment contract over the past 12-month period.

Step-by-step approaches : CStart by contacting the FAFSEA’s regional delegation. This organization’s contact details can be found in the «Useful Contacts» section (the middle pull-out booklet).

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Your rights mpensation :

Your rights to co

s, you retain receiving benefit e compensation > If a seasonal job. Th at g in rk wo ile us wh e unemployment your benefit stat affiliation with th of h gt len e th ed ce periods cannot ex . em st sy e nc insura in order to receive ion to the system ut rib nt ths co of d rio tended to 6 mon The minimum pe s; this period is ex th on m 4 12 is s st fit pa ne fit over the unemployment be me form of bene so d ive ce re y ad alre should you have s. th mon worker, vous ployed seasonal em un an re ceive u’ yo If > de votre you’ll re mais le montant sé ni m de fit in ne z re be se nt of your though the amou al n, io at ity ns tiv pe ac t m co ploymen based on your em will be discounted onths. over the past 12 m ges two categoAgency acknowled The Employment employment: ries of seasonal un

ed and currently you are unemploy

nt to a work arising subseque - unemployment restry, leisure asonal sector (fo assignment in a se l sports, seasonal ities, professiona and holiday facil g, casinos, gamto tourism, farmin activities related bling clubs); ecutive years at arising three cons - unemployment tion, all sectors of year; in this situa the same time of r the category. activity qualify fo

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For additional information, call the Employment Agency on 39 49

Your rights and the Active Solidarity Income (French acronym RSA) The RSA benefit has replaced the RMI. Provided certain conditions are met, the RSA is available to adults 25 and older, whose financial resources lie below a minimum guaranteed income. It is possible to combine the RSA allocation amount with a portion of a wage.

If you happen to be in such a situation, please contact: - your MSA agency if you were previously registered with the MSA or if you have already signed your seasonal contract; - your CAF family assistance office if you’ve never been affiliated with the MSA prior to being hired.

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of mutual incom could be a source ge ur ua yo ng er la nd d hi an nces , they might > Cultural differe eans are not identified m ks so oc al bl r ad be ro e em m es edged team ll-fl prehension. If th fu a g in m co Be mpany. career with the co es. nc re ffe di g in accept

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ge of ove your knowled You’d like to impr training organizations ed French… Specializ region adapted to your ur yo in es ss cla r ng your offe d capable of raisi an ts in time constra skill. level of language hesion ency for Social Co ACSE (National Ag le for unity) is responsib and Equal Opport n camtio ancing these ac organizing and fin tion ra bo lla e time in co paigns, most of th s. cie t Agen with Employmen tment n make an appoin As of now, you ca quest re or ment Agency with your Employ office. SE AC al on gi your re information from n for ul Contacts sectio Refer to the Usef ils. their contact deta

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An ounce of prevention is worth a pound of cure • You must respect the work schedules defined in your seasonal contract. • A transport mishap, last-minute emergency… be sure to inform your employer whenever you’re late or absent. • Should you be sick, notify your employer • All absences require an excuse within 48 hours.

Forewarned is forearmed • Indicate the presence of any anomaly, hazardous machine, personal injury, damaged product, etc • An operating risk: quickly warn your employer and fellow workers.

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Additional info If you’re interested in obtaining further information, keep in mind the following reliable sources : - your employer or supervisor, - the agricultural section of your Departmental Agency of Labor, Employment and Professional Training, - your departmental MSA office - MSA is the equivalent Social Security agency for the agricultural sector and is responsible for your benefits, including medical insurance and the disbursement of family allowances, - the FAFSEA1 training fund where you’re affiliated, - your company’s personnel representatives, if applicable, - trade unions representing employee interests. Look up all contact details in the «Useful Contacts» pull-out booklet

1

FAFSEA : National Insurance Fund for Training Farm and Agricultural Employees

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Édition 2010 - conception graphique : Daniel COHEN - illustration 3D : DutDut

6 rue de la Rochefoucauld 75009 PARIS Tél. : 01 46 07 58 22 Fax : 01 46 07 55 50 [email protected] - www.anefa.org