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Seasonal workers

Translated into Arabic,

Polish and English

Available to download at

www.anefa.org

Welcome to the world

of agriculture !

A practical

induction guide

AssociationNationaleEmploi Formationen Agriculture

www.anefa.orgANEFA

National Association for Agricultural Employment and Training in Francewww.anefa.org

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EDITORIALThis guide will provide you with

all the information you need to

gain a better understanding of

your working environment. It

has been produced by France’s

agricultural trade unions and

employer organisations as part of

an agreement signed on July 18,

2002 relating to seasonal work.

We hope it will provide relevant

answers to any questions you

may have.

If you require any additional

information, these trade unions

and employer associations are

your primary point of contact.

FNAFFédérationNationale

Agroalimentaireer Forestière

USRTL

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Agriculture – a sector that creates

high quality jobs !

135,000 agricultural businesses cove-

ring sectors as varied as tree farming,

market gardening, winegrowing, hor-

ticulture, plant nurseries, mixed crop

and livestock farming.

Seasonal jobs :

850,000 workers take up a seasonal

job each year.

200,000 agricultural employees enjoy

the benefits of a permanent employ-

ment contract.

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A few facts and figures

about agriculture

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ContentsAs a new recruit

Your employment contract

Your work schedule

Your payslip

Workplace safety

Your rights

You’re a member of the

team now

Useful contacts

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Greetings !This guide is intended for people aged 16 or over who have recently been hired by an agricultural business. We will try to explain the main characteristics of your new status.

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As a new recruit

Getting started on the

right foot !

A good night’s sleep fol-

lowed by a hearty breakfast

will help you stay alert and

keep your energy levels up.

Also remember to keep

yourself hydrated throu-

ghout the day by drinking

non-alcoholic beverages.

.

Appropriate working

gear helps avoid

certain risks

Opt for clothing that’s suited

to the weather conditions

(waterproof, boots, hat).

A good pair of comfortable,

closed-toe shoes prevents

against sprains, falls or other

injuries. Specialist equip-

ment will be supplied by

the employer if required.

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Documents required by your employer :

You are already registe-red with the French Social Security system (you have a Social Security number)

• Your proof of affiliation (carte vitale – French health insurance card)

You are an EU national

• Your ID card

You are a non-EU national

• Official proof of identity (or at least a certified true copy) or copy of your birth certificate,

• Your residence permit and/or seasonal work permit.

These documents are required for the pre-recruitment declaration (DPAE).

In addition, the following may be requested :

• Your bank details (RIB),

• Your driving licence,

• Your immunisation record.

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If you are under 18 years of age

In order to work, you must be aged 16 or over.

However, it is possible for young people aged 14 to 16 to work during the school holidays with authorisation from the Labour Inspecto-rate, providing contracts do not exceed half the school holidays.

A number of special provi-sions apply to young people under 18 :

•Amaximumworkscheduleof8 hours per day and 35 hours per week,

•Nightworkisnotpermitted,

•Certaintypesofworkarenotpermitted or strictly controlled –seetheFrenchLabourCode(CodeduTravail)foralistofprohibited jobs,

•Salaryiscalculatedbasedontheminimumwage(SMIC),which may be reduced depen-ding on the person’s age,

•Attheendofthecontractthe young person is entitled to annual paid leave equivalent to 10% of the total salary received. However, there is no entitlement to a end-of-contract payment or temporary worker’s bonus.

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Your employment contract

Seasonal contracts:

Your employment contract is seasonal, which essentially means it refers to a fixed term of employment

This may be:• foraspecifictimeperiod: you know in advance when your contract will expire,• foranunspecifiedlength: the contract expires once the work is completed.

You may be asked to sign a fixed-term contract that:

•qualifiesasastandard contract,•includesRTT*days,•includesthepossibility to

adjust working hours,•stipulatesafixednumberofhours..

9 *RTT:daysoffundertheReductionofWorkingTimescheme

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In order to be valid, your contract must :

• be prepared in duplicate,

• be signed by you and your employer,

• state your full name, your social security number and your employer’s name,

• indicate the contract start and end date if known (if not, the minimum term of the contract),

• specify whether this is a grape harvest contract,

• specify the probationary period (1 day per week with a maximum of 2 weeks for a contract with an initial term of 6 months or under; one month for a contract whose initial term extends beyond 6 months),

• indicate your status on the job classification scale, along with the corresponding salary point on the scale,

• state your gross salary,

• specify the applicable collective bargaining agreement,

• include the name and address of any provident insurance plan and supplementary pension scheme, if applicable,

• a signed copy must be returned to you.

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Tip : when your employment contract expires, keep it on file for 5 years. It may be useful in the event of a dispute with your employer.

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Please note! May we remind you that a seasonal contract does not give entitlement to the tempo-rary worker’s bonus (indemnité de précarité), unless this is specified in the collective labour agreement.

You’ve signed a TESA* :

The Simplified Agricultural Employment Declaration (TESA) was created in order to simplify administrative procedures linked to the recruitment of seasonal agricultural workers. A single form can be used to: register with the MSA (Agricul-tural Social Mutual Fund) agency, draw up an employment contract, compile payslips and enable the Employment Agency (Pôle emploi) to issue a certificate when the contract expires.

Under no circumstances does it alter your rights based on your status as an employee.

In the case of grape harvests :

You will sign a grape harvest contract (contrat vendanges).This is a particular seasonal contract, with a maximum duration of one month. It is possible to sign a second successive contract, providing the total duration does not exceed 2 months.

Another specific feature is that civil servants or employees on paid annual leave may not sign this type of contract.

*TESA:SimplifiedAgriculturalEmploymentDeclaration

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Your work schedule

Your work schedule is indicated in the employment

contract.Your eligibility for overtime or time off begins after comple-

ting 35 hours of work during a given week.

In the agricultural sector, working time is basically governed

by a national agreement, but we also advise you to consult

your specific collective bargaining agreement for additional

details.

Maximum working day:

10 hours per day (12 hours with

special permission).

Daily rest time:

11 hours minimum

(unless otherwise specified).

Maximum working week: :

48 hours per week

(60 hours or more with special

permission).

Weekly rest time :

Minimum of 35 consecutive hours,

unless otherwise specified.

Paid overtime::

Hours worked beyond 35 hours

per week.

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Seasonal employment contract and days off :

In compliance with legislation reducing the working week from 39 to 35 hours, this contract includes days off work that may be taken either during the contractual period or just prior to its expiry.

Seasonal contract and adjustments :

According to this contract, all hours worked in excess of 35 a week must be compensated by time off work, to be taken either during the contractual period or just prior to its expiry, in order to ensure an average working week of 35 hours. If this time off is taken just before the contract expires, you will continue to receive your salary while also having the opportunity to work elsewhere.

Seasonal contract and number of working hours :

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 assignment is specified. If the assignment is completed before the contract expires, you will continue to receive your salary while still having the opportunity to work elsewhere.

Your payslip

When your salary is paid, your employer is required to provide

you with a payslip.

The following information must be included on all

payslips :

Your first name and surname,

The contract period on which your salary is based

The number of working hours on which your salary is based,

Your gross salary: this is your salary before deduction of employee

contributions

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Reminder ! You must keep your payslip on file indefinitely to ensure your eligibility for social security benefits: medical care, insurance, unem-ployment, pension, etc..

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Your net salary: this is the amount you’ll actually be paid,Your net taxable salary: this is the amount you’ll be required to declare to the tax authorities,Employee and employer contributions.

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For your information : though the TESA is most common-ly used within the agricultural sector, your employer may provide you with a standard payslip paie.

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Workplace safety

Professional equipment :

When an employer supplies you with pro-

tective gear, you are required to wear this;

otherwise you will be held personally liable

for any accident that may occur.

This equipment may include a helmet,

boots, overalls, gloves etc.

Risks :

Phytosanitary products, fertilisers,

acids... All these products are dangerous

and must be handled with extreme care.

Guidelines provided by your employer or

manager, together with instructions indi-

cated on the product packaging, must

be strictly observed. You need to be

appropriately equipped and pay special

attention to washing your hands after

use of such products.

You must not eat nor smoke when han-

dling these products.

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Physical risk :

To avoid the risk of physical injury, learn the appropriate posture and body movements and be sure to follow all advice provided.

Checkthatallyourvaccinationsareuptodate,especiallyfortetanus.

Remember to protect yourself from possible insects and exposure to the sun.If you have any allergies, be sure to have your medicine with you as your employer is not allowed to supply any drugs.

Machinery risk :

You must never use a machine without being authorised to do so by your employer or supervisor.

It is important to notify mana-gement of any anomalies and malfunctions.

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Workplace safety

In order to drive certain types of vehicles,

You must hold a specific authorisation from your employer.

Before being granted authorisation, you may be required to

complete a training course.

Right to withdraw from

work

If you feel your work situa-

tion places your life or

health in immediate dan-

ger or if you have detec-

ted flaws in the protection

systems in place, you have

the right to withdraw from

this work situation and alert

your employer or his/her

representative accordingly,

without any sanction being

imposed on you or salary

withheld.

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In the event of an accident:

- Turn off the machine,

- Inform your employer or supervisor,

- Notify the emergency services,

- Do not move any injured person.

How to respond in the event of an accident :

- Protect yourself and others for as long as the risk remains,

- Protect the victim in order to avoid exacerbating his/her inju-ries. Shelter him/her from the sun, rain or cold,

- Immediately notify or request notification of emergency ser-vices: ambulance SAMU (dial 15), fire-fighters (18), European emergency phone no. from a mobile phone (112).

A set of documents relating to your specific type of activity have been produced by the MSA*. Practical tips on looking after your health have been included.

You can request these documents from the Workplace Health & Safety Office of your local MSA branch.

*MSA:AgriculturalMutualInsuranceFund

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Your rights

The rights you will acquire in the agricultural sector (with respect to social security benefits, vocational training and unemployment benefits) are fully recognised in all other sec-tors of activity, just as the rights you have acquired previously in other sectors are honoured within agriculture

Your rights to social security benefits :

As an agricultural sector employee, you are eligible to certain rights under the Agricultural Mutual Insurance Fund (MSA). Your illness, maternity or workplace accident cover (daily allowances) depend on the number of hours worked and your family status.

Medical examinations for seasonal workers :

Your recruitment is subject to a medical examination.

For seasonal contracts lasting fewer than 45 days however, you may request a personal medical review with an MSA doctor. This may take place outside wor-king hoursl.

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• The doctor will review your health,

• S/he will explain to you the main prevention techniques for avoiding workplace accidents.

• You will receive health advice to support you in both your work and personal life.

• You can also obtain support with healthcare, administra-tive or social security formalities, if you need it.

To arrange an appointment:

-Contacttheoccupationalhealthdepartment of your local MSA branch,

- Use the tear-off slip on the leaflet for seasonal workers which your employer can provide.

For more information, visit :www.references-sante-securite.msa.fr

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Reminder ! Be sure to date and sign all documents you send to MSA and make a point of inclu-ding your social security number in all correspondence !

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Documents to submit to the Agricultural Mutual Insurance Fund (MSA)

•For your first medical expenses refund :you’ll need to send a copy of your payslips, your exact mailing address and potentially your bank details.

• If you have to miss work due to illness or a work-place accident :you must send your medical or accident certificate to MSA within 48 hours (don’t forget to notify your employer too).

In the event of a workplace accident, you will not be required to pay your medical bills up front.

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Supplementary social protection scheme: :

In addition to the benefits paid by the MSA, you are eligible for a number of additional benefits. Under such a scheme, you pay contributions in order to top up your retirement income and potentially benefit from additional insurance cover, provi-ded by a provident fund in the event of illness or death.

Moreover, your supplementary pension and provident scheme may award you subsidies within the context of their social action programme.

AGRICA, CRIA, ANIPS and UNPMF are the primary points of contact for agricultural employees seeking :

•aretirementplanthatenhancesthebasicpensionfundma-naged by MSA,

• top-up insurance: death, incapacity for work, additionalhealth coverage, etc.,

•socialactionprogramme:subsidiesprovidedtowidows/wi-dowers and orphans, families, unemployed persons, students, etc.

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Your rights

Like any other employee, you have access to vocational trai-

ning. During working hours, you may be required to attend

a course as part of the company training plan.

What steps to take : contact your regional FAFSEA*branch: www.fafsea.com

*FAFSEA:Nationalinsurancefundforthetrainingof employees of farms and agricultural businesses

FOR YOUR INFORMATION : A reform of vocational training is underway and will come into force on 1st January 2015. Some of the provisions men-tioned below may no longer be valid after this date.

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Your rights to vocational training :

At the end of your fixed-term employment contract, you may take advantage of :

•Individual Educational Leave(CIF)*,ifyoufindyourselfin one of the following two situations:

- You have worked a total of 12 months over the 4 previous years, including 4 months spent on a fixed-term employ-ment contract in the agricultural sector within the past 2 years;- You have worked a total of 24 months over the 5 previous years, including 4 months spent on a fixed-term employ-ment contract in any sector of activity within the past 12 months.

•transferabilityofindividual training entitlement (DIF)*Under certain conditions, you can transfer DIF hours acquired within your previous employment to a new contract.

•skills assessment leave, You must have worked a total of 24 months over the 5 previous years, including 4 months spent on a fixed-term contract.

•vocational training leave,Under certain conditions, you can benefit from an allocation of up to 120 training hours

•avocational training contract, For young people under 26 or job seekers registered with employment agencies.

*CIF-CDD:Individualeducationalleaveforfixed-termcontractemployees*DIF : Individual training entitlement

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Your rights

Your rights to compensation :

If you are unemployed and currently receiving benefits,

you retain your benefit status while working as a seasonal

employee.

The compensation periods may not exceed the length of

affiliation to the unemployment insurance scheme.

In order to be eligible for unemployment benefits, the mini-

mum period of contribution (or length of

affiliation) to the scheme is 4 months.

To find out more, contact the em-

ployment agency (Pôle emploi)

on 39 49.

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Earned Income Supplement (RSA)

The RSA has replaced the RMI (minimum integration income). Provided certain conditions are met, the RSA is available to adults aged 25 and over, whose financial resources are below a minimum guaranteed income. It is possible to combine the RSA allocation with a proportion of a wage.If this describes your circumstances, please contact :•yourlocal MSA branch if you were previously registered with the MSA or if you have already signed your seasonal contract ;•yourCaisse d’Allocations Familiales (Child Benefit Office) if you were not affiliated with the MSA prior to your recruitment.

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You’re a member of the team now

Growing through communication

Your employer or team leader is on hand to provide information,

answer questions and offer training.

Don’t remain in the dark ; feel free to ask questions

Culturaldifferencesandlanguagebarrie

rscanleadtomisunderstan-

ding. If these are not identified, they may hinder your career with

the company. Becoming a full-fledged team member also means

accepting that people are different.

Understanding one another through

communication

Would you like to improve your know-

ledge of French…? Specialist training

organisations offer classes in your region.

These courses are tailored to your time

constraints and can help you improve your

language skills.

The ACSE* is responsible for organi-

sing and funding these programmes,

usually in collaboration with the

Employment Agency.

You can make an appointment with your

local Employment Agency or request infor-

mationfromyourregionalACSEoffice.

*NationalAgencyforSocialCohesionandEqualOpportunity (www.lacse.fr)

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Prevention is better than cure

•Youmustrespecttheworkscheduleindicatedinyouremployment contract.

•Ifyouhaveatransportproblemorlast-minuteemergency…make sure you inform your employer if you are late or absent.

•Ifyouareill,notifyyouremployer.

•Allsickleavemustbesupportedbyamedicalcertificate

within 48 hours.

Forewarned is forearmed

•Reportanyanomaly:dange-rous machinery, personal injury, damaged products etc.

•Asafetyriskonthefarm?Warnyour employer and colleagues immediately.

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If you need any additional information, this can be obtained from :

•youremployerorsupervisor,

•theagriculturalsectionofyourRegionalDepart-mentofEnterprise,Competition,ConsumerAffairs,LabourandEmployment(DIRECCTE),

•yourdepartmentalMSAbranch(MSAistheequi-valent Social Security agency for the agricultural sector and is responsible for your employee bene-fits, including health insurance, child benefit etc.)

•theAgriculturalEmployeesTrainingFund (FAFSEA) applicable to you,

•staffrepresentativesatyourwork-place (if these exist),

•tradeunionorganisationsrepresenting employees.

A list of useful contact details is provided below.

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*FAFSEA::Nationalinsurancefundforthetrainingofemployees of farms and agricultural businesses

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Employment law legislation

FRENCH MINISTRY OF AGRICULTURE, FOOD, FISHE-RIES, RURAL AFFAIRS AND LAND PLANNINGSous-direction du travail et de la protection sociale78,ruedeVarenne-75349PARISCedex07Tél. : 01 49 55 56 00www.agriculture.gouv.fr

MINISTRY OF LABOUR AND HEALTHDirection générale du travail39/43quaiAndréCitroën–75902PARISCedex15Tél. : 01 44 38 38 38www.travail-emploi-sante.gouv.fr

Trade union organisations representing agricultural employees

FGA-CFDT47/49,avenueSimonBolivar-75950PARISCedex19Tél. : 01 56 41 50 50 - Fax : 01 56 41 50 30www.fga.cfdt.fr

FNAF-CGT263,ruedeParis-Case428-93514MONTREUILCedexTél. : 01 48 18 83 27 - Fax : 01 48 51 57 49www.fnafcgt.fr

FGTA-FO7,passageTenaille-75680PARISCedex14Tél. : 01 40 52 85 10 - Fax : 01 40 52 85 12www.fgtafo.fr

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CFTC AGRI2,rueAlbertCamus-75010PARISTél : 01 40 18 70 96 - Fax : 01 40 18 09 42www.cftc.fr

SNCEA-CFE-CGC73,ruedeClichy-75009PARISTél. : 01 53 20 33 90 - Fax : 01 53 20 33 93www.sncea.fr

Organisations representing agricultural employers

FNSEA11, rue de la Baume - 75008 PARISTél. : 01 53 83 47 47 - Fax : 01 53 83 48 48 - www.fnsea.fr

FNCUMA43 rue Sedaine - 75011 PARISTél. : 01 44 17 58 00 - Fax : 01 44 17 58 01 - www.cuma.fr

ENTREPRENEURS DES TERRITOIRES44, rue d’Alésia - 75014 PARISTél. : 01 53 91 44 80 - Fax : 01 53 91 44 85 - www.e-d-t.org

UNEP10, rue Saint-Marc - 75002 Paris Tél. : 01 42 33 18 82 - Fax : 01 42 33 56 86 - www. entreprisesdupaysage.org

USRTL9ruedelaCossonnerie-75001PARISTél. : 01 53 40 94 50 - Fax : 01 53 40 94 51

FNBois6 r François 1er - 75008 PARISTél. : 01 56 69 52 00 - Fax :01 56 69 52 09 - www.fnbois.com

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Social security benefits and occupa-tional health

For any personal information regarding benefits (sickness, maternity, family allowance and hou-sing assistance), retirement benefits, health and social welfare and workplace heath and safety, contact the MSA’s Head Office (CCMSA).

CCMSACaisseCentraledelaMutualitéSocialeAgricoleLes Mercuriales - 40, rue Jean Jaurès 93547BAGNOLETCedexTél. : 01 41 63 77 77 - Fax : 01 41 63 72 66www.msa.fr

Here, you will be directed to the branch closest to your home.

Providence, social action and supplementary pension

AGRICATél. : 01 71 21 00 00 - Fax : 01 71 21 00 01www.groupagrica.com

ANIPSTél. : 01 44 56 75 32 www.anips.fr

UNPMFTél. : 01 42 53 22 30 - www.mutex.fr

CRIATél. : 01 46 84 36 36 - www.cria.aprionis.fr

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Unemployment benefits

POLE EMPLOILeCinétic-1-5avenueduDrGley75987PARISCedex20Tél . : 39 49www.pole-emploi.fr

Job offers

ANEFA6 rue de la Rochefoucauld - 75009 PARISTél. : 01 46 07 58 22 - Fax : 01 46 07 55 50www.anefa.org

POLE EMPLOILeCinétic-1-5avenueduDrGley75987PARISCedex20Tél. : 39 49www.pole-emploi.fr

Vocational training

FAFSEA153ruedelaPompe-75179PARISCedex16Tél. : 01 70 38 38 38 - Fax : 01 70 38 38 00www.fafsea.com

ACSE209,ruedeBercy-75585PARISCedex12Tél. : 01 40 02 77 01 ou 01 40 02 77 02 Fax : 01 43 46 04 27 www.lacse.fr

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Legislation and employment lawDIRECCTE - Directions régionales des entreprises, de la concurrence, de la consommation, du travail et de l’emploi SDTPS - Sous Direction du Travail et de la Protection Sociale

Trade union organisations (employees)FGA CFDT-FédérationGénéraleAgroalimentairedelaCFDTFNAF CGT - Fédération Nationale Agroalimentaire et Forestière de la CGTFGTA FO - Fédération Générale des Travailleurs de l’Agriculture de FOCGTC AGRI -FédérationdesSyndicatsChrétiensdesOrganismesetProfessionsdel’AgriculturedelaCFTCSNCEA CFE CGC -SyndicatNationaldesCadresd’Entreprises AgricolesdelaCFE–CGC

Trade union organisations (employers)ENTREPRENEURS DES TERRITOIRES - Entreprises de travaux agricoles, ruraux et forestiers FNCUMA -FédérationNationaledesCoopérativesd’UtilisationdeMatérielAgricoleFNSEA - Fédération Nationale des Syndicats d’Exploitants AgricolesUNEP - Union Nationale des Entrepreneurs du PaysageUSRTL - Union Syndicale des Rouisseurs Teilleurs de Lin de France

Social security benefitsCC MSA - Agricultural Mutual Insurance Fund / Social Security agency for the agricul-tural

Providence, social action and supplementary pensionsAGRICA-OrganismedeRetraiteetPrévoyanceComplémentairesANIPS - Association Nationale Interprofessionnelle de Prevoyance des SalariésUNPMF - Union Nationale de Prevoyance de la Mutualite FrancaiseCRIA - Institution de prévoyance professionnelle dédiée au monde agricole

Employment, training and unemployment benefitsACSE-NationalAgencyforSocialCohesionandEqualOpportunityANEFA - National Association for Agricultural Employment and Training in FranceFAFSEA - National insurance fund for the training of employees of farms and agricultu-ral businessesPÔLE EMPLOI - Employment Agency

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AssociationNationaleEmploi Formationen Agriculture

www.anefa.orgANEFA National Association for Agricultural Employment and Training

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