Compliance with Labour Law: Employer's Obligations

Introduction: why social compliance is a strategic issue

Compliance with labour law is one of the absolute priorities for every business leader in France. Whether it is a very small enterprise with five employees or a large group with several hundred staff members, the employer's obligations cover a very broad spectrum: formalisation of contracts, mandatory postings, working hours, health protection, legal registers or even declaration obligations. Failure to comply with these rules exposes the company to criminal penalties, employment tribunal convictions and reputational damage. This article provides a comprehensive overview of employer obligations in force in 2026, incorporating recent developments from the Labour Ordinances, the Professional Future Act and European directives transposed into French law.

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Obligations at recruitment: establishing the employment relationship on solid foundations

From the moment an employer hires their first employee, they must complete a set of precise formalities under penalty of contract nullity or requalification of the employment relationship.

Prior Declaration of Recruitment (DPAE)

The DPAE must be transmitted to URSSAF no later than 8 days before the employee takes up their post (article L. 1221-10 of the Labour Code). It triggers the employee's registration with social security, their affiliation to occupational health and opening of their rights to unemployment insurance. Failure to submit a DPAE constitutes the offence of concealed work (article L. 8221-5 of the Labour Code), punishable by 3 years imprisonment and €45,000 fine for an individual.

Drafting and delivery of the employment contract

For any fixed-term contract (CDD), the contract must be delivered to the employee within 2 working days following recruitment (article L. 1242-12). For permanent contracts (CDI), whilst the Labour Code does not require a written form for full-time positions, European Directive 2019/1152 on transparent and predictable working conditions now requires the employer to provide a written document covering essential information (notice period, salary, applicable collective agreement, etc.) within 7 calendar days following the start of employment.

Electronic signature for HR significantly simplifies this step: contracts can be generated, signed and archived within minutes, guaranteeing traceability and probative value compliant with the eIDAS regulation.

Medical examination on recruitment

Since the 2016 Labour Act (article L. 4624-1), the medical examination on recruitment has been replaced by an information and prevention visit (VIP), to be carried out within 3 months of taking up the post (or earlier for high-risk positions). The employer must ensure affiliation with an intercompany or autonomous Occupational Health and Safety Service (SPST).

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Obligations during the execution of the employment contract

The employment relationship requires the employer to maintain constant vigilance across many operational and administrative fronts.

Compliance with maximum working hours and the right to rest

The Labour Code sets strict limits:

• Legal working hours: 35 hours per week (article L. 3121-27)

• Maximum daily hours: 10 hours (article L. 3121-18), extended to 12 hours by collective agreement

• Absolute maximum weekly hours: 48 hours in any single week, 44 hours on average over 12 consecutive weeks (article L. 3121-20)

• Daily rest: 11 consecutive hours (article L. 3131-1)

• Weekly rest: 35 consecutive hours (article L. 3132-2)

Since Act No. 2016-1088, the right to disconnect also constitutes an obligation to negotiate in companies with 50 or more employees (article L. 2242-17).

Protection of health and safety at work

The duty to ensure safety has evolved towards an enhanced duty of care since the Air France rulings of 2015 (Cass. soc., 25 Nov 2015). The employer must:

• Assess professional risks and record them in the Document on the Assessment of Occupational Risks (DUERP), updated at minimum each year (articles R. 4121-1 to R. 4121-4)

• Since the Occupational Health Act of 2 August 2021, the DUERP must be retained for 40 years and deposited on a national digital portal

• Train employees on identified risks

• Implement the annual risk prevention programme for companies with at least 50 employees

Payroll management and social declarations

Issuing a payslip is mandatory at each salary payment (article L. 3243-2). Since 1 January 2019, the simplified payslip has been generalised. The Nominative Social Declaration (DSN) replaces virtually all periodic social declarations and must be submitted monthly on the scheduled date (generally 5th or 15th of the following month).

For more information on the digitalisation of HR processes, electronic signature in business provides a comprehensive solution for secure document management.

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Obligations regarding mandatory postings and registers

Mandatory postings in the workplace

Every employer must display in their premises, in a place accessible to all employees, a set of mandatory information including:

• The contact details of the competent Labour Inspectorate

• Texts relating to gender equality at work

• Health and fire prevention instructions

• The internal regulations (mandatory from 50 employees onwards, article L. 1311-2)

• Provisions relating to moral and sexual harassment, including contact details of the Ombudsman

• The applicable collective agreement (its title is sufficient, but the text must be accessible)

The Act No. 2023-1107 of 29 November 2023 transposing the inter-professional national agreement on value sharing added new information obligations for companies with 11 to 49 employees regarding profit-sharing schemes.

Mandatory registers

The employer must keep several registers, including:

• Unique personnel register (article L. 1221-13): lists in chronological order all employees, trainees and temporary workers; retained for 5 years after departure date

• Register of minor work accidents (article R. 441-3 of the Social Security Code): for employers with CPAM authorisation

• Safety register for periodic equipment inspections

• Register of staff representatives and CSE meeting minutes (from 11 employees onwards)

Digital record-keeping is permitted provided integrity and accessibility guarantees are provided. The complete guide to electronic signature details the technical conditions required to ensure the legal value of digital documents.

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Obligations relating to representative bodies and collective bargaining

The Social and Economic Committee (CSE)

Since the Macron Ordinances of 22 September 2017, the CSE merges the former staff representatives, works council and occupational health and safety committee. Its establishment is mandatory from 11 employees for 12 consecutive months (article L. 2311-2). Elections must be held every 4 years. Failure to establish the CSE exposes the employer to obstruction of justice, punishable by 1 year imprisonment and €7,500 fine (article L. 2317-1).

Mandatory annual negotiations (NAO)

In companies with union representatives, the employer is required to open negotiations on:

• Remuneration, working time and value sharing (article L. 2242-1)

• Gender equality at work and quality of life and working conditions (QVCT, article L. 2242-17)

The obligation covers the opening of negotiations, not the conclusion of an agreement. However, absent an agreement on gender equality, the company may face penalties when being awarded public contracts.

Gender equality index

Since the Professional Future Act of 5 September 2018, companies with at least 50 employees must calculate and publish annually before 1 March their gender equality index on their website and declare it on the Ministry of Labour portal. A score below 75/100 requires the definition of improvement objectives. A score below 85/100 triggers a penalty that can reach 1% of the annual payroll from 1 September 2022 onwards (Decree No. 2022-243).

To facilitate the management of all these documents and speed up the signature of amendments related to NAO or company agreements, tools such as Certyneo's AI contract generator allow the production of compliant documents that are immediately signable.

Legal framework applicable to employer obligations

Employer obligations in employment law rest on a dense body of legislation and regulation, structured around several levels of standards.

Labour Code: primary source, it is structured into legislative (L.) and regulatory (R./D.) sections. Fundamental articles include:

• Art. L. 1221-10 (DPAE), L. 1242-12 (CDD delivery)

• Art. L. 3121-18 to L. 3121-27 (maximum working hours)

• Art. L. 3131-1, L. 3132-2 (daily and weekly rest)

• Art. R. 4121-1 to R. 4121-4 (DUERP)

• Art. L. 1311-2 (internal regulations), L. 1221-13 (personnel register)

• Art. L. 2311-2, L. 2317-1 (CSE and obstruction of justice)

• Art. L. 2242-1, L. 2242-17 (NAO)

• Art. L. 8221-5 (concealed work)

Act No. 2018-771 of 5 September 2018 known as the "Professional Future Act": establishes the gender equality index, reforms vocational training and apprenticeship.

Act No. 2021-1018 of 2 August 2021 to strengthen occupational health prevention: reforms SPST, extends DUERP retention to 40 years, introduces the prevention passport.

Act No. 2023-1107 of 29 November 2023 transposing the National Inter-professional Agreement on value sharing: extends information obligations to companies with 11 to 49 employees.

European Directive 2019/1152 on transparent and predictable working conditions: transposed into French law by Decree No. 2022-1173 of 24 August 2022, it requires the provision of written information within 7 days of recruitment.

GDPR Regulation No. 2016/679: the processing of employee personal data (payroll data, timekeeping, monitoring) requires a legal basis (contract execution, legal obligation), employee information (articles 13-14 GDPR) and proportionate retention periods. The processing register is mandatory. The CNIL has published specific recommendations on employee cyber-surveillance (deliberation No. 2023-010).

Digitalisation and electronic signature: the digital delivery of payslips (article L. 3243-2) and the electronic signature of contracts are governed by eIDAS Regulation No. 910/2014 and the Civil Code at articles 1366 (electronic writing has the same probative force as paper writing) and 1367 (electronic signature consists of the use of a reliable identification procedure). For employment contracts, an advanced or qualified electronic signature (ETSI EN 319 132 and EN 319 411 standards) is recommended to guarantee maximum probative value in the event of employment tribunal proceedings.

Risk of sanctions: in addition to the fines and imprisonment penalties mentioned above, the employer faces URSSAF recovery action, employment tribunal damages awards, contract termination nullity, and in serious cases, administrative closure of the establishment.

Usage scenarios: social compliance in practice

Scenario 1 — An 80-employee industrial SME facing URSSAF inspection

An SME in the metalworking sector employing 80 employees is subject to URSSAF inspection covering 3 financial years. The inspector discovers that 12 CDD contracts were delivered to employees with an average delay of 6 working days after taking up their post, exceeding the legal deadline of 2 working days. Without proof of delivery (no receipt signature, no timestamp), the CDDs are requalified as permanent contracts, generating a social contribution adjustment estimated at €35,000, to which late payment penalties are added. Following this audit, the SME deploys an electronic signature solution enabling contracts to be generated, sent and archived with timestamped proof of receipt. Over the next financial year, 100% of CDDs are delivered within legal deadlines, with the company holding opposable proof in the event of further inspection. The administrative gain is estimated at approximately 3 hours per recruitment.

Scenario 2 — An ETI of professional services having to publish its equality index

A consulting firm with 220 employees, 55% of which are women, must publish its equality index before 1 March each year. For financial year N-1, its score reaches 72/100, below the 75/100 threshold. The company has 3 years to reach this threshold, or face a penalty potentially reaching 1% of annual payroll (approximately €180,000 for an €18M payroll). In response, it negotiates with its union representatives an agreement on gender equality, formalised and signed electronically. The agreement is deposited on the TéléAccords platform of the Ministry of Labour. Digital signature reduces the time to finalise the agreement from 3 weeks to 4 days, whilst guaranteeing the traceability of each union representative's signature.

Scenario 3 — A franchise network managing several dozen establishments

A fast-food restaurant chain comprising some thirty establishments employs on average 15 employees per site, with high seasonal turnover. Each seasonal opening generates several dozen contracts to be signed within a few days. Paper-based management required two full-time administrative staff solely for collection, printing and archiving of contracts. By adopting a electronic signature platform for HR integrated with their existing HRIS, the network reduces the average time to sign contracts from 4.5 days to less than 6 hours. The rate of contracts delivered outside legal deadlines falls from 22% to less than 1%. Automatic archiving guarantees immediate document availability in the event of Labour Inspectorate inspection, reducing inspection preparation time by approximately 70%.

Conclusion

Compliance with labour law is a complex, multidimensional discipline in constant evolution. From recruitment obligations to the management of representative bodies, through occupational health and payroll compliance, every breach exposes the employer to significant financial, criminal and reputational risks. In 2026, the digitalisation of HR processes — driven by eIDAS-compliant electronic signature — is one of the most effective levers for balancing operational agility with documentary compliance.

Certyneo supports employers in this transition: contracts signed within minutes, secure archiving with probative value, integration with existing HRIS systems. Calculate now the return on investment of your compliance approach with our electronic signature ROI calculator, or create your free account to test the platform without commitment.