Branch managers are responsible for the application of the provisions mentioned in 1° to 5° of article L. 7321-3 with regard to the employees under their authority, in place and stead of the company manager with whom they have contracted, provided that they have complete freedom to recruit, dismiss and set the working conditions of these employees.
Any agreement contrary to the provisions of this chapter is null and void.
The provisions of Chapter I are applicable to self-employed managers as defined in article L. 7322-2, subject to the provisions of this chapter. The company owning the branch is responsible for applying the provisions of Book I of Part Three relating to working hours, rest periods and holidays for the benefit of self-employed managers, as well as those of Part Four relating to health and safety at work when the…
A self-employed manager is any person who operates, in return for discounts proportional to the amount of sales, branches of food retail businesses or consumer co-operatives where the contract does not set out the terms and conditions of his work and leaves him free to hire employees or arrange for replacements at his own expense and under his own responsibility. The exclusive supply clause with fixed-price sales is a commercial…
Collective agreements setting out the conditions to be met by individual contracts concluded between companies and their self-employed branch managers are governed, as regards their validity, duration, termination, scope, effects and penalties, by the provisions of Book II of Part Two. These agreements determine, in particular, the minimum remuneration guaranteed to self-employed managers, taking into account the size of the branch and its operating methods.
The provisions of the collective agreements mentioned in article L. 7322-3 may, after consultation with the professional organisations concerned, be made compulsory by the administrative authority for all food retailers and consumer cooperatives within their scope. In the absence of such agreements, the administrative authority may, after consultation with the professional organisations concerned, lay down, either for the specific region or for the entire territory, the conditions to be met…
Disputes between companies and their self-employed managers fall within the jurisdiction of the commercial courts when they concern the commercial terms and conditions of operation of branches. Disputes concerning the working conditions of self-employed managers fall within the jurisdiction of the industrial tribunals.
Any clause conferring jurisdiction included in a contract concluded between an undertaking referred to in article L. 7322-2 and a self-employed branch manager is null and void.
This Code is applicable to employee entrepreneurs who are members of a cooperative for activity and employment mentioned inArticle 26-41 of Law No 47-1775 of 10 September 1947 on the status of cooperation, subject to the provisions of this Title.
A salaried entrepreneur in a cooperative of activity and employment is any natural person who : 1° Creates and develops an economic activity while benefiting from individualised support and pooled services implemented by the cooperative with a view to becoming a member; 2° Concludes a contract with the cooperative, drawn up in writing, setting out : a) The objectives to be achieved and the minimum activity obligations of the employee-entrepreneur;…
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call us at +33 (0) 1 84 88 31 00 or send us an email.
is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
Resources
is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
Useful links
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call +33 (0) 1 84 88 31 00 or send us an email.
All information exchanged through this website will be communicated to lawyers registered with a French Bar and will remain confidential.
