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Training 3.2.4. How a box of benefits - Law -

Perhaps you find my example Dunkirk - Quimper exaggerated? It is not the point, though not extremely common in the type of art that can be done on leaving school, where businesses are often grouped in communal areas. Anyway, employment contracts today contain very often this mobility clause, whether or not BP. Where the difference is in how to use this clause:

A real box requires mobility to its employees even when it changes location. A BP requires mobility to its employees in order to have greater flexibility in the placement of its services, which is very useful when they find themselves intercontrat: "You know, it's been two weeks since you finish your mission. We are continuing to pay you because we want you to feel comfortable with us, you understand that although you are a collaborator, and we will not let you down. Now we are moved heaven and earth for you to find you a mission, while preserving our relationship of trust and even friendship, we propose you to go some time in "Big Red Green Company" in the Haut-Medoc, or you'll project planner.. " And there, even if the benefits are not too profile, or did not want to go in this region, the box will put him enough pressure to accept for fear of losing his job as .

Moreover, we need to fight for the benefits to be reimbursed for moving expenses, otherwise the BP will never seek to prevent the shortfall. Similarly, BP is legally subject to reimbursement of certain round-trip caused by displacement. The repayment terms are described in the agreement Syntec [8] .

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mobility clause 3.2.5. How a box of benefits - Law - non-compete clause

The little clause that causes a lot of hassle either side of the BOP, that is to say in the SE and benefits. To explain the meaning of this clause, return a little back:

When the benefits are "rented" an SE by BP, two contracts governing the tripartite relationship. The contract signed between the Commission and BP benefits, and a contract "deal" between BP and the client (SE). These contracts can both provide that the customer has no right to employ the benefits or the benefits is not entitled to get hired by the client, even though both parties would agree.

According to the statements of trade clause that keeps the unit of BP, because the only value of BP, are the brains of benefits: If all the benefits began to leave, the BP could invest more in them, hoping to keep them on time, and this would cause the loss. That is how some justify this unfair clause, which is nothing other than "What, you want to get your personal interest before that of the box that pampers you?". Now if this was really the case, the BP does not recruit mostly young graduates with no relevant experience to spare ...

The reason as I see it is: An established fact is that it is on the young graduates that BP make the most margin. In addition, when benefits remains in a BP, salary evolves very little and often less than inflation. Thus, trying to keep her at any cost benefits recruited graduates, BP ensures a margin (bah yes it's good, it was understood) very comfortable, which grows along with inflation! Back on topic ...

In fact, the non-compete clause in this contract benefits / BP has no legal value but is yet to put enough pressure on the young benefits for not daring to the step to hire a "own". So why is it invalid the clause? The question worth asking: For this clause to bind the benefits to BP forever (or until two years after the end of the CDI), BP must compensate the employee at the height of a certain percentage from the pay since he is in now, when the break is. It is natural to find a percentage of 20%, this could go on much as some of our big bosses know it. Unfortunately for our little benefits, BP will never drop a dime and will prefer the bluff and the worst kind of pressure to keep the chick in the nest muddy. Thus, like BP are never ready to seize the desirability of decency by a fair and honest compensation, this clause is void.

Where the rub is in the contract SE / BP. Indeed, it can be stated in the contract that the SE has no right to propose a hiring benefits, or that the SE has no right to recruit the benefits, even if it is passed through whose recruitment was not aware SE (possible in very large boxes in which recruitment is outsourced). Do not see too much life in black anyway. Some BP agreed to sell their small for a consideration their ensuring a flow of money increased.

Example: BP proposes to let the SE hire little-benefits-performance, in exchange for which the SE agrees to take two benefits on a mission to him. An exchange win-win business like a word with his allegedly convincing.

Thus, the non-competition can pose problems, but know that ultimately, if benefits are motivated by hiring its own, and that HE wants too, the BP is not really able to make weight, even if it will use all means at its disposal to terrorize the small benefits.

In this regard, I will tell you later a little story really happened to a friend, and shows that despite a mutual benefits / SE for hiring "own", the BP can always put sticks or tree trunks in the wheels of both parties wanting to be united by the sacred bonds of the CDI.

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4.1. Conventional panky - Salary

us attack first where it hurts: the sub! Indeed, BP, not content with selling a benefits with a margin whose size equaled that indecency, play fairly consistently to reduce taxation on wages in a rather small legal. To better understand the knavery little prior explanation on gross wages, net, and net of taxes: The

monthly gross salary is equal to the gross annual salary divided by the number of months (some have a 13th, a 14th or even 15th month ...). So the number of months is irrelevant, only the gross monthly salary account.
The monthly net salary roughly equal to 77% of monthly gross income is a division by about 1.3. Indeed, the difference between gross and net pay is essentially outcome of social contributions (CRDS, CGS ...) whose amount is around 23% of gross wages for young engineers.

Taxation

The calculation of taxes on income covers wages net annual taxable. An abatement of 10% is applied, which means that if your net taxable annual salary of € 25k, the tax calculation will be made on the $ 22.5 k €. Early in his career, the income tax ranges from 2000 € to 3000 € for a full year worked. When you are young graduates and you begin to work in summer or autumn, it is common not to be taxable. Indeed, the minimum income to be taxable is approximately € 13k net.

The calculation is approximately as follows: The net annual salary is cut into several slices that are each taxed differently. For example, from 0 € to 5000 €, the salary is not taxed; From 5000 € to 12000 €, wages are taxed at 5%, and from 12000 € to 27000 €, wages are taxed at 15%; so on until the last installment which take 40% tax.

To take a simple example and simplistic, starting with a € 35k Annual gross, you actually touch € 27k annual net. After an allowance of 10% related to the calculation of tax, you are taxed on approximately € 24k. According to the calculation tool of government tax, you pay about 2000 € tax. Your actual annual salary will be € 27k - € 2k = € 25k.

Now, here comes the explanation with BP staging occasional sung by Rene future benefits come sign his CDI and salary negotiation, and Bébert director of engineering consulting firm, ... Finally, the merchant meat Chief BP.

Update: A reader of my blog, also a provider of state, gave me a document for negotiating with BP taking into account all the artful tricks which I review in the posts Chapter 4.1. To access, click the icon to the left. Remember to copy before you modify if you do not want your calculations can be shared with others.

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4.1.1. Conventional panky - Salary - Crude

Bebert: Rene So, you told us you wanted thirty four pounds? It's money for a young graduate like you.

Rene Finally, 34 000, is in the middle of my school ...

Bebert: Yes, exactly, we do what we want is that you feel comfortable with us. We do not want you to feel aggrieved. So we'll give you € 34k as you want, but to reduce your costs, we will pay you a portion of wages in the form of reimbursement of expenses.

Rene How does the reimbursement of costs?

Bebert Let me explain ... Rene

You have a gross basis € 25k annual.

(The wages of benefits is primarily made up of a crude often quite miserable here about 1600 € net per month)

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4.1.2. Conventional panky - Salary - Premium cooptation

Then we have the co-options. Whenever you send us the resume of someone who might interest us, and that it actually reaches us, you earn a bonus of 500 € gross. To give you an idea, every employee (benefits) gives us an average of two new recruits per year. A total of 1000 € gross annual.

(Co-optation is a conventional winding, and if the benefits had a little bit of nose he feels that this story does not seem to her advantage. In this case, two co-options per year, a record more than average ... Unfortunately this does not attempt to BP ... )

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4.1.3. Conventional panky - Salary - Premium Business

Similarly, if you're on a mission to the customer, and you provided your head engineer in charge of business information on potential openings in this client, and that this allows us to place other employees, we will rewarded with a bonus of 500 € gross. In general, each located approximately two new cases per year, is again a total of € 1000 gross Annual , which are added to the previous, brings you to € 27k!

(As they say, bigger is going on and more things. Indeed, few benefits have the opportunity to find business for BP, even though they would like, because often they are considered "separate" from the customer, and employees do not share information with outsiders. This system is also a huge hypocrisy, knowing that if the benefits unearthed a case, it does all the work of his commercial, which is why the commercial is paid. Moreover, the benefits will not receive a premium, which is often not paid for a reason that nobody explained, while his business will increase its variable throughout the mission benefits. All this without having to lift a finger!)

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4.1.4. Conventional panky - Salary - Repayments Fixed costs

Finally, you have a flat reimbursement fee of 19 € per day. When relating the 19 € monthly, it's been 21 days x 19 € = 400 € per month. If we relate these costs to the year, 220 days worked, it makes you € 4180 per year. But here they are Euro net, which are applied no payroll tax, and not not taxable, which fall directly into your pocket!
( Or rather in the pocket of BP, as when an employee contributes less to social contributions, it also affects less when unemployed or when it is retired ... Here we attack the biggest scam that involves passing a portion of wages in costs. Indeed, this jackpot for BP, because on the one hand, the piece of wages paid in reimbursement of expenses does not support or social care no taxation, and secondly, when the benefits requires a participation fee of Navigo pass or the right to enter the restaurant business, BP replied that their repayments fees are there for. Moreover, the benefits e touches these "Fixed reimbursement of expenses" that the days during which he is at the customer . When the headquarters of BP (intercontrat example) or when on vacation, he receives only his actual salary)

"This is cool but it does not matter! "

To estimate more than just the gross salary equivalent am the following calculation:

report gross / net is about 1 / 0, 77 = 1.3 So these 4180 € net are equivalent gross 4180 x 1.3 = € 5,434 approx.

The tax bracket where you're located with a gross salary of € 27k means that each new euro that you touch is subject to a tax rate equal to 14%. This means that if we were there in this part t'indemniser gross in your salary, and we wanted that you get € 4180 net, we would pay you on a basis of 4180 € + € 4,180 x 1.3 x 14 % = € 6000 gross annual equivalent . This increases your gross equivalent of all, to € 33k gross annual .

(To conclude on these costs, the benefits are doubly lost in history. On the one hand, the unemployment pension and pension plans that it might affect are lower, and especially, especially, costs "transparent" for a normal employee prove to him ... painful. Explanation: A classic and an employee benefits will eat in the restaurant business. Both pay what they eat, but the benefits pay a fee in addition to daily access to the restaurant of up to 5 €. For the employee focus, is the company that supports the cost to the restaurant. But for the benefits it himself. If we count in the manner of BP is the equivalent of 2000 € gross per year spent to enter the restaurant business. To compare in a fair and honest wage offered by a conventional company, and a proposed salary by BP, we must take into account the hidden costs, as well as reimbursement of half of the subscription Transit .)

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4.1.5. Conventional panky - Salary - Premiums incentive and participation

Rene Finally, last but not least, we also attach a premium to participate in the company's results to our employees. In general, this premium is around € 750-net about € 1000 gross per year equivalent !

(We now know that BP is obliged by law to pay a premium for participation, indexed on its profits, since it has more than 50 employees. The incentive bonus is, for to her, optional and left to the discretion of the employer. Of course, by no means the premiums, just like the previous ones, can not be included in the calculation of wages [5] ).

Now, after accumulation of different parts of the salary, you get € 34k Gross annual exactly what you wanted. So, happy?

Bah ... eeuuuh ... How you say ...

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4.1.6. Panky Classic - Salary - Conclusion

As you can imagine, Rene feels that the way to present the salary is anything but transparent, and that this should not really the advantage contrary to the BOP tries to make him believe. But without being concerned first the question (unlike you), it happens only awkwardly to negotiate, and ends up accepting the offer.

Having lived, and with regret, I do not wish that others also suffer from the dishonesty of BP. Here's why I wrote these few lines indigestible, which will allow you to compete on almost equal terms with the BP to get that right. :-)

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4.2. Conventional panky - Schedules and RTT

Enough about money now. Contrary to the saying of a great philosopher "work more to earn more", I suggest you interested in making your day a pleasure or a burden: Timetables.

start simple: To frames, no schedule. As you manage your workload as you see fit. It can happen to chain the day from 9h to 17h as the day from 7am to 20h ... But that's not my point. I would rather draw your gaze on a system irregularity that may surprise you at first:

When you are hired by a company or a normal BP, your contract details a number of hours you are supposed to work per week. The number of hours, totally uncorrelated your real presence, is most often between 35h and 40h. Legally, the number of hours worked per week being 35 hours (ie 7 hours a day), every additional hour is caught up in the form of RTT (Reduction of Working Time). Small practical example: If you have a contract "h 38.5" as EDF, you work 3.5 hours "too many" per week, 7am every two weeks. This allows you to take one day every two weeks RTT.

In practice, the contract offered by a real company is often more interesting than box benefits, whether in salary or number of RTT. To give an idea in real companies, the number of RTT can increase to 25 per year, while in benefits, rather it varies between 5 and 10 per year. Also note that placing half of RTT (called RTT employer ") is theoretically at the discretion of the employer, whatever. That is to say that he is entitled to require the use of half of the RTT on the dates that suit them (closing the business year for example), but it is not systematic and often The employee may ask his entire RTT when he wants.

To return to This story times, when the benefits, 36h hired on a contract, must go work for an SE with the legal working week is 38.5 hours, there is a differential of two and a half hours it is in unable to claim. Indeed, having already tried, the result is simple "We do not count the hours, counting the days work, whether you are 36 hours or 38.5 hours, nothing changes, you always do 5 days per week.

Okay Mr. Engineer Business strangely strung, but one thing you do not say is that the contract SE / BP defines a billing daily benefits based on one week of 38.5 hours, while the contract Presta / BP sets wages on actual weeks of 36 hours.

Not content to have a nice margin between billing and payment of small benefits, these boxes also grapillent packages schedules ... The solution is simple to find, however, he would count the number of weeks benefits happening in the SE, the gap between the hourly rate of benefits in the contract with BP and the benefits from the SE, and convert this additional RTT gap or hard cash stumbling equivalent. But the village of smurfs is far from here, and in the brains of many intellectuals operators, this option is unthinkable ...

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4.3. Panky classics - The intercontrat

intercontrat The period is the period between two successive missions, when they are disjoint, and may be due to a weakness in the heat of trading, poor conditions, or misfortune (for BP) stupidly. Anyway, the benefits can be found without the possibility of making money in the BOP, while still paying (only gross wages without reimbursement flat fee), and a reminder that it costs to BP about twice the net salary he receives. The BP did not at all interested in letting very long in this situation ...

As I detailed above, several schools are possible:

• The best are those that allow the benefits to pass training in keeping with his profile to rise skills, or find him a job within the BP which is consistent with its prerequisite skills. The proper
• leave the benefits alone at home, from the moment it guarantees an availability of 24 at headquarters. The
• nazes require the benefits coming to the headquarters of BP without any work to provide, or providing a false substitute lower skilled jobs and idiotic like "make a copy and paste data from a. doc in a file. xls. The moldy
• require the benefits of coming to the headquarters of BP to seek his next mission. If the benefits actually performs this task, this means that the business which it depends (and which receives a certain amount each month when the benefits is placed with an SE) was served absolutely worthless and that its value is zero. Only if the benefits are poorly paid, it is precisely because of the cost structure of BP, which the salary is not foreign trade. Its parasitic status is then clearly demonstrated.

Now, to return to the topic that fascinates us, the interests of BP is inversely proportional to the length of a intercontrat benefits, it will seek to minimize costs up, often at the expense of ethics and benefits. Here are possible steps in this search optimization. Some BP (few) stop at Step 1, the only legal step, others do not hesitate to go at the end. When is benefits, answer "no" consistently from the second stage. These steps are based on real events that I have been repeatedly reported different BP and guarantee their relatively widespread:

Attention, information of the utmost importance!

1. The BP lays the RTT employers. This step RTT is understandable because the employers actually belong to the employer.
2. The BP asks the benefits of putting all its employees RTT. This step is the first evidence that allows you to ask questions about the morality of BP.
3. The benefits of BP application to ask for holiday pay. [4] Both benefits when sold to a customer, the benefits have no idea of the financial contribution it generates in the BOP. Benefits is provided when intercontrat, BP explains just how it is now in danger, and that the slightest thing to do to preserve the relationship trust with the BP is to ask some paid leave, if not all. For a long time, I thought this solution was the final step before the breach of contract by BP. I was wrong, because some BP (fortunately this is not systematic), invented a new concept: The
4. BP asks the benefits of asking leave without pay. [4] BP These may be those who require the benefits to come to headquarters to pick up their next mission. Summarize the few benefits of BP following an ethic: The trade missions to seek the benefits of a transparent manner, and when the benefits is intercontrat, He expects the next mission while continuing to be paid. Of course, none of this is free, and that is why the benefits are paid below its market value, to take advantage of these "benefits". Now, if the benefits of BP application to ask leave without pay, in addition to asking him to get his next mission intercontrat, there is one more added value to this BP. Zero. All that the BP "contributes" to the BP, as a counterpart to these benefits, remains in the pockets of the final BP. This step is one that characterizes the worst meat traders.

Step Joker! The BP threat to transfer the benefits for gross misconduct if the benefits refuses an amicable separation. This is the classic bluff , which can happen after any step above. The response from the benefits should not be systematically. The situation is not obvious, I agree, but keep in mind that while the benefits does not irregular vis-à-vis the BP (or hitting a commercial eating Director) It does not really risk much. Anyway, arrived at this stage, the benefits must say that BP is truly dishonest and that the leave would not be a bad thing. With nothing to lose, the benefits will be more at ease with pressure surges of BP. Small additional indication: By having to lay off by BP, the benefits receiving compensation for dismissal, which is not the case if amicable separation.

Thus, in this situation and following these tips, two conclusions:

Dismissal for gross negligence in the case where the benefits would still turn a dirty no good reason, a small tower Prud'homme men and this will be Jackpot! Meanwhile, the benefits will not lose its rights with assedic, contrary to what some may think or believe intentionally.

No dismissal: The benefits continue as before, and BP goes for what it really is, an unscrupulous parasite.

As they say between sub-humans, the BP drops the mask when the benefits is intercontrat. If he who comes in BP is ready to fight tooth and nail to keep what is his by right, then the following advice may be unnecessary. For others: Always try to discuss with Presta BP before signing the contract, ask them what happens in intercontrat, and which step mentioned above stops the BP. If you're already on BP, do not let up the pressure, only the first step is legal so nothing ever force you to move to the next step. Know it and defend it!