Respecting workers' rights: employer obligations

In France, respecting workers' rights forms the foundation of any lawful employment relationship. Whether it is a micro-enterprise with five employees or a group with several thousand collaborators, the employer is subject to a set of precise obligations, stemming from the Labour Code, European law and case law. Failing to understand these rules exposes the company to substantial civil and criminal sanctions, not to mention reputational impact. This article reviews the main categories of employer obligations — formalisation of the contract, workplace safety, non-discrimination, training, privacy — and shows how compliant digital tools, notably electronic signature in business, contribute concretely to their fulfilment.

Formalisation of the employment contract: a founding act

The employment contract is the first concrete manifestation of the employee's rights. Although there is no general obligation to draw up a written contract for a full-time indefinite contract (the law permits a verbal contract), practice and European law impose growing obligations.

What the European directive on transparent working conditions requires

Directive (EU) 2019/1152, transposed into French law by order n°2022-1389 of 1 November 2022, requires the employer to provide the employee, no later than the seventh calendar day following the start of the employment relationship, a written document containing at a minimum: the identity of the parties, place of work, job title or nature, start date, duration and conditions of leave, remuneration, normal working hours, applicable collective agreements and procedures in case of dismissal. For fixed-term contracts, part-time indefinite contracts, temporary work contracts and seasonal contracts, writing remains mandatory from the outset.

This transparency obligation makes a rapid and traceable signature process essential. This is precisely the benefit of electronic signature for HR, which allows a compliant contract to be provided and signed within minutes, with certified time-stamping.

Mandatory provisions and regulated clauses

Certain clauses require particular formality to be enforceable: non-competition clause (mandatory financial consideration), mobility clause (precise geographical scope), probationary period (maximum duration according to professional category). In the absence of written form or if the clause is poorly drafted, the employee may rely on the nullity of the clause, or even on a requalification of the contract.

Safety, health and working conditions

Article L. 4121-1 of the Labour Code imposes on the employer a reinforced obligation of safety of result: he must take the necessary measures to ensure the safety and protect the physical and mental health of workers. This obligation is broken down around nine general principles of prevention (art. L. 4121-2).

The Single Document for the Assessment of Occupational Risks (DUERP)

Every company, from the first employee, must establish and keep up to date a DUERP. Since the Occupational Health Act of 2 August 2021 (law n°2021-1018), companies with at least 11 employees must retain successive versions of the DUERP for 40 years and file it on a digital portal managed by skills operators (OPCO) from July 2023. The failure to establish the DUERP is subject to a fifth-class fine (€1,500 per work unit not assessed).

Psychosocial risks and harassment

The employer must implement actions to prevent psychosocial risks (RPS), in particular moral harassment (art. L. 1152-4) and sexual harassment (art. L. 1153-5). In companies with at least 250 employees, the appointment of a sexual harassment liaison officer has been mandatory since 1 January 2019. Failure to prevent harassment can lead to the employer's conviction even if they are not the direct perpetrator of the acts (Cass. soc., 21 June 2006, n°05-43.914).

Non-discrimination and occupational equality

The Labour Code (art. L. 1132-1) prohibits any discrimination based on 25 criteria, including origin, sex, religious beliefs, state of health, disability or sexual orientation. The law of 5 September 2018 on the freedom to choose one's professional future added the obligation to publish an Index of Occupational Equality for companies with at least 50 employees.

The gender equality index

Calculated on a scale of 100, this index measures five indicators: pay gap, gap in rates of individual pay rises, gap in promotion rates (for companies with more than 250 employees), percentage of female employees who received a pay rise on return from maternity leave, and parity among the ten highest-paid employees. A score below 75 points requires the company to define corrective measures or face a financial penalty of up to 1% of payroll.

Obligations towards workers with disabilities

Every company with at least 20 employees is subject to the obligation to employ workers with disabilities (OETH) at 6% of its workforce. Failure to meet this ratio results in a contribution to social security on behalf of Agefiph, the amount of which can reach 1,500 times the minimum wage per missing beneficiary.

Professional training and skills development

The training obligation is two-fold: the employer must ensure the employee's adaptation to their position (art. L. 6321-1) and ensure the maintenance of their ability to hold a job. The Court of Cassation regularly sanctions employers who dismiss an employee without having ensured their continuing training (Cass. soc., 23 October 2019, n°18-16.539).

The professional interview: a mandatory milestone

Since the law of 5 March 2014, every employee must benefit from a professional interview every two years, distinct from the appraisal interview. Every six years, this interview must provide a comprehensive review of the professional path. In the event of failure in companies with at least 50 employees, the employer must credit the employee's Personal Training Account (CPF) by €3,000.

Financing and pooling via OPCO

Companies finance training through a contribution to their OPCO (0.55% of payroll for companies with fewer than 11 employees, 1% beyond). Professional training contract templates can be generated and signed electronically using the AI contract generator, which reduces administrative delays and guarantees documentary compliance.

Protection of privacy and personal data of the employee

The General Data Protection Regulation (GDPR, n°2016/679) applies fully to employee data. The employer, as controller, must comply with the principles of lawfulness, minimisation, storage limitation and security. The CNIL published in 2023 specific recommendations on monitoring remote workers, recalling the prohibition of permanent surveillance software.

Records of processing and employee rights

Employees have rights of access, rectification and objection over their data. The employer must inform employees of each processing through an information notice (generally annexed to the contract or internal regulations). The record of processing activities must record all HR processing: payroll, absence management, clocking, video surveillance, etc.

Documentary traceability and digital compliance

The dematerialisation of HR documents — electronic payslips (art. L. 3243-2), contracts signed online, amendments — raises issues of proof and integrity. To be enforceable, a digitally signed document must meet the requirements of the eIDAS Regulation and the Civil Code. The complete guide to electronic signature details the levels of signature (simple, advanced, qualified) and their scope of application in employment law. It is advisable in particular to use a advanced or qualified signature for high-stakes contracts, in accordance with the eIDAS 2.0 Regulation.

Legal framework applicable to employer obligations

The employer's obligations with regard to workers' rights are structured around a dense body of norms, both national and European.

French Labour Code

• Art. L. 4121-1 to L. 4121-3: general obligation of safety and principles of prevention.

• Art. L. 1132-1: prohibition of discrimination on 25 criteria.

• Art. L. 6321-1: obligation of adaptation and training.

• Art. L. 3243-2: provision of electronic payslip.

• Art. L. 1152-4 and L. 1153-5: prevention of moral and sexual harassment.

European law

• Directive (EU) 2019/1152 of 20 June 2019 on transparent and predictable working conditions, transposed by order n°2022-1389.

• Regulation (EU) 2016/679 (GDPR): protection of personal data of employees, applicable since 25 May 2018.

• Regulation (EU) n°910/2014 (eIDAS) and its successor eIDAS 2.0 (Regulation EU 2024/1183): legal value of electronic signatures for contractual documents.

• Directive (EU) 2022/2555 (NIS2): applicable to companies that are operators of essential or important importance, with IT security obligations affecting HR systems.

Probative value of dematerialised documents

• Art. 1366 of the Civil Code: electronic writing has the same probative force as paper writing provided the author is identified and integrity is ensured.

• Art. 1367 of the Civil Code: electronic signature consists of the use of a reliable identification process guaranteeing the link with the act to which it is attached.

• ETSI EN 319 132-1 standard: technical specifications for advanced electronic signatures in XAdES format, applicable to digitally signed employment contracts.

Legal risks in case of failure Sanctions are multiple: administrative fines (up to 4% of global turnover for GDPR breaches), Agefiph financial penalties (OETH), forced CPF credit increase, damages in compensation for loss suffered by the employee, or even criminal penalties for harassment or discrimination (up to 3 years imprisonment and €45,000 fine). On the contractual side, an employment contract that does not comply with the requirements of Directive 2019/1152 exposes the employer to requalification or nullity of disputed clauses, with direct financial consequences in the event of employment tribunal proceedings.

Concrete usage scenarios

Scenario 1: an SME in industry dematerialises its recruitment contracts

An industrial SME of approximately 180 employees, subject to high seasonal turnover (40 to 60 fixed-term contracts per year), encountered recurring difficulties: signature delays exceeding 5 working days, lost contracts, inability to comply with the 7-day deadline imposed by Directive 2019/1152. By deploying an advanced electronic signature solution compliant with eIDAS integrated into its HRIS, the company reduced the average signature delay to less than 4 hours, eliminated postal mailings and built a time-stamped archive accessible in case of employment tribunal proceedings. The rate of documentary non-compliance fell from 18% to less than 2% in one year, according to the internal assessment by the HR department.

Scenario 2: a consulting firm secures its amendments and sensitive clauses

A strategy consulting firm with around sixty consultants with high international mobility regularly had to have amendments to mobility terms and non-competition clauses signed. These high-stakes documents require an advanced signature to be enforceable. By adopting an electronic signature tool with enhanced identity verification (advanced eIDAS level), the firm was able to demonstrate in employment tribunal proceedings the authenticity and integrity of a disputed amendment, thanks to the certified audit trail. The legal risk associated with contested signatures was significantly reduced, and the legal teams saved approximately 30% of the time spent on contractual document management.

Scenario 3: a healthcare network structures the traceability of its training obligations

An intermediate-sized healthcare group (approximately 600 employees spread across several sites) needed to prove, in case of DREETS inspection or proceedings, that each employee had benefited from their biennial professional interview and mandatory legal training. By digitising professional interview reports and training certificates via an electronic signature platform connected to its LMS, the group created a complete dematerialised employee file. During a labour inspection check, all documentary evidence was able to be produced in less than two hours, compared to several days in paper format. The risk of forced CPF credit increase (€3,000 per untrained employee) was completely managed.

Conclusion

Respecting workers' rights is a permanent legal obligation that engages the civil, criminal and administrative liability of the employer. From the formalisation of the employment contract to the protection of personal data, passing through the prevention of occupational risks, equal treatment and continuing training, each dimension requires rigour and documentary traceability. The dematerialisation of HR processes — provided it is implemented with eIDAS-compliant tools — constitutes a powerful lever to guarantee this compliance whilst gaining operational efficiency.

Certyneo supports HR and legal teams in securing their contractual documents through advanced electronic signature, compliant with the eIDAS Regulation and GDPR. Discover our HR-dedicated features or calculate the ROI of your dematerialisation right now.