School / Prep
ENSMAC
Internal code
PA0DRSOC
Description
Objective: to give the apprentice a general knowledge of the legal system and its positioning, as well as a precise and concrete understanding of corporate life and the role of the employee.
Teaching hours
- CIIntegrated courses16h
Mandatory prerequisites
1A course, general culture and, for some, experience of working as a trainee or employee
Syllabus
- Atypical forms of contract, events affecting the employment contract
- Obligations of the employee (fidelity, loyalty, etc.) and obligations of the employer (adaptation to the workstation). ) and the employer's obligations (adaptation to the workstation)
- The different clauses of the contract (hiring, mobility, non-competition, training disclaimer, waiting period, confidentiality, domicile, renewal, objectives, exclusivity, resolutory by operation of law)
- Formalities linked to the trial period
- Termination and methods of termination (resignation, dismissal, settlement or conventional termination, negotiated departure), rights and obligations of the parties
- Non-discrimination and its consequences, harassment (moral, sexual)
- The organization of French justice (the State, the Government, Parliament, the Constitution, the law, regulations, judicial justice/administrative justice), courts of exception
- Settlement of individual disputes (Prud'hommes, labor inspectorate, mediation, conciliation.)
- The different forms and statutes of the company (auto entrepreneur, SA, SARL, EURL... )
- Relocation and transfer of the company, company mergers (consequences)
- Working hours and ways of organizing working hours, labor regulations applied to HRM, assessment of occupational risks
- Branch agreement, company agreement, etc...
- Staff representative bodies (different representatives, status of representatives, the negotiating role of trade unions.)
- Collective bargaining, restructuring, reclassification, adaptation of the employee to the workstation, flexibility)
- Occupational risk assessment
- The employer's power of direction and its control by the judge
- The different forms of professional misconduct and the resulting sanctions (control by the judge)
- Collective disputes and their resolution (work stoppages and the different forms of strikes, management, the employer's managerial strategy, and analysis.... )
- Business difficulties and related treatments (safeguard, reorganization and judicial liquidation procedures, etc.)
- The theory of patrimony, the scope of ownership, business and tort liability, business and criminal liability, etc...
Further information
Companies, Trades and Cultures
Assessment of knowledge
Initial assessment / Main session - Tests
Type of assessment | Type of test | Duration (in minutes) | Number of tests | Test coefficient | Eliminatory mark in the test | Remarks |
---|---|---|---|---|---|---|
Semester assessment | Written | 60 | 1 |
Second chance / Catch-up session - Tests
Type of assessment | Type of test | Duration (in minutes) | Number of tests | Test coefficient | Eliminatory mark in the test | Remarks |
---|---|---|---|---|---|---|
Final test | Written | 60 | 1 |