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Signature de 2 avenants à la Convention collective nationale des H.C.R

💵 CPPNI on June 19, 2024, led to signing two amendments to the National Collective Agreement of H.C.R (IDCC 1979): Amendment No. 33 on salaries, with new minimum wages to apply from the first day of the month following the publication of the extension order; expected enforcement possibly in November 2024, October not ruled out due to accelerated procedures. Amendment No. 34 on paid leave for child sickness set to take effect in 2025, with a typical extension process of 6-9 months. GHR will inform about the publication of the extension orders.
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Aide « coûts fixes » : demande de régularisation de la part de la DGFIP

💵 Businesses that received "fixed costs" aid during the COVID-19 crisis are required to verify with their accountant or auditor whether they must regularize the amounts received. This mandatory check and the results must be transmitted to the French General Directorate of Public Finances (DGFIP). The regularization process involves comparing the declared operating surplus with the actual net result; if the surplus is less, adjustments are necessary. Small businesses (less than 50 employees and under €10 million annual turnover) have a regulation threshold of 90% of the negative net result. The deadline for submitting the required documentation is within three months after the approval of accounts or by August 4, 2022, if accounts were approved before the decree’s publication. Excess aid must be repaid within one month of receiving repayment instructions from DGFIP, or a recovery order will be issued.
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Travail illégal : la fraude aux revenus de remplacement

💸 Key facts on fraud involving replacement income: Illegal work includes 6 offenses under labor law—concealed work, employment of foreign workers without work permits, trafficking, illicit labor lending, irregular multiple jobs, and replacement income fraud. The latter, a felony, involves knowingly receiving or attempting to receive undue replacement income via illegal means. Sanctions include criminal and administrative penalties, repayment of misappropriated funds, and potentially, for scamming a public entity, up to 7 years' imprisonment and a €750,000 fine.
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Cafétéria : extension de l’avenant n°22

💵 Social partners of the RCLS branch reached an agreement on salary scales on April 11, 2024. The amendment No. 22 concerning the salary grid was extended by a decree on August 19, 2024, and published in the Official Journal on August 23, 2024. The new hourly rates, ranging from €11.70 to €14.10 for various employee echelons, and annual salaries for cadres between €34,000 and €47,500, are applicable from September 1, 2024.
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Travail illégal : le cumul irrégulier d’emploi

🛡 The article discusses illegal employment practices, focusing on irregular accumulation of jobs in France, which violates maximum working hours as per the Labor Code (article L8261-1). The legal maximum is 10 hours per day and 48 hours per week, or 44 hours averaged over 12 weeks. Employers must ensure employees do not exceed this, even with multiple contracts. Exceptions include scientific, literary, artistic work, voluntary aid, household tasks, or emergency work. Employers can include exclusivity clauses in contracts under certain conditions but not for part-time contracts. Violations can result in fines of €1,500, doubling to €3,000 for repeat offenses (articles R8262-1 and R8262-2).
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Amélie Logre, juriste en charge du numérique et de l’IT a rejoint le département Numérique et Europe du GHR

💻 Amélie Logre joined the Legal Department of GHR on May 13, specializing in IT law, after earning a Master in intellectual property law from Nantes Université and working for La Poste in Paris. The GHR addresses digital transformation challenges in the HCR sector, often constrained by financial and human resources. The GHR, a member of HOTREC and a founding member of Reform BnB, has been influential in European regulation, securing a condemnation of Booking.com and Expedia for over €400,000 and contributing to the Macron Law. The GHR also achieved the elimination of a tax advantage for furnished tourist accommodations before the Conseil d'État in 2024.
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Suspicion de prostitution ou d’exploitation sexuelle dans un hôtel : quels éléments doivent attirer votre attention et comme réagir ?

🛡 On July 24, GHR discussed anti-human trafficking with Lénaïg LE BAIL and Emilie Bousquier of OCRTEH. Data revealed: 84% of sexual exploitation occurs in housing (apartments/hotels), 1053 victims identified in 2023, 53% French (45% minors), 47% foreigners (62% from Latin America/Caribbean, 13% China, 11% Central/Eastern Europe, 3% Sub-Saharan Africa). OCRTEH offers guidelines for hoteliers to detect and report suspected exploitation. Contact OCRTEH at: [email protected].
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Amende administrative sanctionnant l’emploi de ressortissants étrangers non autorisés à travailler : le décret d’application est publié

🚨 New French decree 2024-814, issued on July 9, 2024, and published on July 16, 2024, sets fines for employers hiring foreigners without proper work permits. Maximum penalty is 5,000 times the hourly minimum guaranteed rate, up to €20,750 as of July 1, 2024, per worker; repeat offenses may incur up to €62,250. If employers pay owed wages within 30 days, fines reduce to 2,000 times the rate, capped at €8,300. Factors such as financial capacity, intent, negligence, and repatriation costs influence fine amounts. New rules apply retroactively to offenses committed before July 17, 2024.
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