How are you going to get this McDonald’s franchisee to sign a contract that does not comply with the Labor Code? Equipped with a hidden camera, Rebecca is greeted by the restaurant’s administrative assistant, visibly aware that she offers work hours below the legal minimum…
“Normally, contracts should be worth at least twenty-four hours. That’s why I’m going to ask you to write a handwritten letter, she explains to him. Saying you want a fifteen-hour-a-week contract.” Indeed, the Labor Code clearly stipulates that “the minimum working time of a part-time employee is set at twenty-four hours a week” (article L.3123-27). To sign a contract with a working time less than the legal minimum, it must be at the request of the worker.
“It is to say that you agreed” to sign this contract
“The idea is not to lie but to justify why we did not make a larger contract.he tells the undercover reporter. For us, it is that we do not need many hours. Although I know you would like more hours, the fine print is simply to say, ‘Our employee here would like to have a fifteen-hour-a-week contract.’ That is to say that you agreed to have this contract even if it is not what suits you 100%, but somewhere, if you came, it still suits you”. Rebecca asks what she should write and sign…”You can put: ‘I, the undersigned, name and surname, wish to have a contract of sixty-five hours per month…’, dictates the assistant. Perhaps: ‘…so I can have a second job later.’ What do you think ?“
The wizard then shows you the available slots on the schedule: “Every day, from Monday to Friday on the beaches from 8:30 a.m. to 8:30 p.m. In fact, these are availability ranges within which you can schedule.Therefore, you must be available to the McDonald’s franchisee sixty hours a week. for a salary of 500 euros net per month. The range of availability required by the franchisee does not respect the collective agreement of fast food restaurants. This prohibits the employer from asking its employees for availability greater than three times the number of hours they work. Therefore, this McDonald’s franchisee should have asked Rebecca for forty-five hours of availability.
>>> McDonald’s France CEO Nawfal Trabelsi declined to be interviewed. About this employment contract, this is what he replied in writing to “Cash Investigation”: “We share with our franchisees the adherence to strict compliance with labor legislation. (…) If a breach of this framework is observed, we will take the necessary measures to enforce these contractual conditions.”
Excerpt from “Is it like this at McDonald’s?”, an investigation by Zoé de Bussierre, broadcast on Wednesday, April 7, 2022 at 9:10 p.m. on France 2.
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