As an association manager, it's vital to understand the terms of an employment contract. This document establishes the commitment between an employee, who undertakes to provide a work service, and an employer, who offers remuneration in exchange for this service under his or her subordination. This relationship defines the worker's status within your organization.
Let's dive into the essential points and elements you need to know when finalizing an employment contract for your association.
Fundamental criteria of the employment relationship in an association
The employment relationship is based on three fundamental criteria:
- subordination,
- the actual provision of work,
- and the resulting remuneration.
These interconnected elements define the legal nature of the relationship between employee and employer.
The relationship of subordination is characterized by the employer's right to give instructions, issue directives and issue orders, while controlling the way in which the work is carried out by the employee, including through potential sanctions in the event of failure to comply. Work is that which is actually and personally performed by the employee on behalf of the employer. Remuneration is the obligatory consideration for work performed by the employee.
For example, a music teacher working for your association may be considered an employee if he or she is required to respect pre-established lesson times, and teach exclusively on your premises and to your members. Their remuneration is based on a fixed hourly rate that does not vary according to the number of pupils. On the other hand, a tennis instructor who has complete freedom to organize his or her activity and is not subject to your directives is considered to be self-employed.
By keeping these criteria in mind, you can ensure that your association's management is clear and compliant with labor legislation.
Relations with self-employed workers
As association managers, you need to make a clear distinction between the status of your employees. If a professional carries out his or her activity independently and without a subordinate relationship, he or she is classified as a self-employed worker and not as an employee. The self-employed worker bears the economic risk of his activity, has his own clientele and is registered under an appropriate professional status.
When your association works with a self-employed professional, such as a sports coach, you are not required to pay any additional social security contributions via the pro association account. It is the self-employed worker's responsibility to manage his or her social security affiliation and related contributions. However, you must take care to ensure that no relationship of subordination is established, otherwise you run the risk of being reassessed by Urssaf.
The sports sector, among others, needs to be particularly vigilant about these distinctions to avoid legal and financial complications. By clarifying the status of your participants, you can ensure a smooth collaboration that complies with regulations.
Formalizing the employment contract
You may be wondering whether a written employment contract is compulsory. The answer is: not always. For several types of employment contract, such as fixed-term or part-time, the law requires a written contract. The exception to this rule is open-ended contracts. In the absence of a written document, these contracts are presumed to be concluded for an indefinite period and on a full-time basis.
To avoid any misunderstandings or unintended legal consequences, it's best to formalize all types of employment contracts properly. A written contract allows you to clarify the expectations, obligations and rights of each party, ensuring a harmonious collaboration.