To attract – but also retain – the most talented employees, the start -up employer must find the right balance between the company’s interests (growth, profitability, productivity, etc.) and those of its teams (flexibility , profit sharing, work ethic …).
There are many legal tools he has available to do this.
Evaluation of 6 turnkey solutions for a successful social policy.
1. A structured and adapted teleworking policy
A factor of attractiveness, telework is now an essential tool for attracting the best profiles. Although it can be set up by simple agreement between the employer and the employee, employers are still strongly advised to develop an “in-house” teleworking system tailored to their company’s image.
To do this, the start-up must try to conclude a collective agreement if it has at least one union delegate or, if not, adopt a unilateral charter.
Key topics to be discussed include:
- The conditions for moving to telework and returning to the forefront;
- The conditions of receipt of the employee’s telework;
- Methods of controlling working hours or regulating workload;
- The time slots for the presence of teleworkers;
- Ways of accessing teleworking by workers with disabilities or suffering from chronic diseases;
- Procedures for accessing teleworking by pregnant employees;
- Conditions for coverage of costs incurred in the context of teleworking (1);
- Conditions for maintaining a social link in the work community (2);
- Conditions for using telework in exceptional circumstances.
Many other themes can be provided within support for setting up teleworking. A preparation – or at least a proofreading – by a knowledgeable legal advisor is recommended.
Strategically, it will also be important to inform managers of telework management on a daily basis. Training sessions on this topic may be appropriate.
2. An optimized payment policy
The company’s remuneration policy should be carefully defined in that it forms an important vector of employee motivation and satisfaction.
Variable compensation schemes remain very popular in the corporate world to attract and retain the most motivated employees. Although they are easy to implement, the start-up employer still needs to comply with all the conditions set by case law.
In particular, he should:
- Accurately define its compensation policy variable;
- Use objective, accurate standards beyond their control;
- Set realistic and achievable goals;
- Allow each employee concerned to review the calculation of their variable compensation;
- Write all relevant documentation in French and let it know at the beginning of the season.
If these conditions are not met, the start-up may be exposed to the risk of litigation at this point.
Other salary benefits can clearly be given to employees and in particular extraordinary bonuses, a thirteenth month, restaurant tickets or even a sustainable mobility package …
Be careful, however, of the conditions for providing these benefits, which must systematically respect the principle of equal treatment and any social and tax exemption policies that may apply.
3. Incentive tools
To attract talent at the time of hiring or retain them afterwards, several tools for profit sharing in the company’s success can be mobilized by the employer.
It is possible to first set up one or more employee savings mechanisms.
Different schemes are possible: it can be a participation scheme – for the record, mandatory when the start -up exceeds the threshold of 50 employees for 5 consecutive years – profit sharing or even different employee savings plans that can take the form of company savings plans (“PEE”) or retirement savings plans (“PERCO” and “PERECO”).
Amounts paid to employees may, at their option, be paid directly or allocated to existing employee savings schemes in the company.
Start-ups can switch to employee shareholding schemes, which have been the trend for several years.
The interests are many: retaining company managers, involving employees in company growth, aligning employees ’interests with shareholders’ interests, helping employees build personal savings. .. Each goal has its own system!
Thus the start-up employer can choose to set up a capital increase reserved for PEE member employees, stock options, free shares, subscription warrants for company creators’ shares (BSPCE) …
In all these cases, the priority will remain to carefully respect the rules for setting up and providing these benefits so as not to jeopardize a challenge to the appropriate favorable social and tax regime.
4. A calibrated working time adjustment
Another project that the start-up employer must do is the adjustment of working hours.
It is very important to precisely define the arrangements for adjusting working hours that are likely to apply to employees wishing to combine productivity and flexibility.
To do this, different indices need to catch and especially the systematic performance of the employee’s overtime, his autonomy as well as his level of responsibility in the organization of his work, the alternation of working periods that with high intensity on and off. -peak periods, etc.
In practice, an employee who is very autonomous and free to adjust his or her schedule may be subject to the annual lump sum in days rather than the legal working time of 35 hours.
To ensure the smooth running of the start-up adventure, the employer must therefore make an inventory of the population of workers in his service to guarantee a policy for the organization of calibrated working hours.
5. An effective training policy
From a legal point of view, the employer has an obligation to ensure the adaptation of employees to their workstation but also to ensure that their ability to handle work is maintained, especially with regard to the evolution of jobs, technology and organization.
In practice, the development of an effective training policy is essential in allowing its expectations and needs of staff to be determined. That way, each employee can be offered a career plan tailored to their situation and feel valued at their fair value.
For starters, the interest is also overwhelming because training employees allows them to improve their skills and can lead to a reduction in the absenteeism rate.
To formalize this, the employer may begin negotiating a collective agreement on the forward management of jobs and skills (“GPEC”) or even raise the topic at a social and economic committee (“CSE”) meeting if such a committee exists. He should also ensure that he does not fail to conduct professional interviews with employees every 2 years, including a summary inventory every 6 years.
6. Discussion periods and regular “feedback”
Exchange hours with employees should be privileged.
Some of these are mandatory because they are imposed by the Labor Code. This includes the specific professional interview, the annual interview focused on the work day package for the employees subject to it, the annual interview focused on telework for the employees using it, medical visits with occupational medicine subsequent of some layoffs or maternity leave.
Additional interviews are optional but highly recommended. Therefore, it is more than recommended to plan regular meetings with the employee to discuss his or her performance. An annual interview with at least a written report signed by the employee and his / her manager is expected.
The interest for the company will also have documented elements in the performance of its employees that may justify a promotion, increase or unfortunately, in some cases, a measure of dismissal due to professional incompetence. .
Ultimately, a successful social policy is an important lever for convincing the most talented employees to join – and not quit – the start -up adventure.
(1) In accordance with the national interprofessional agreement on November 26, 2020 for the successful implementation of telework
(2) In accordance with the national interprofessional agreement on November 26, 2020 for the successful implementation of teleworking
Start-up: what to think about when you start? (Thierry ROMAND, Associate Lawyer, and Titrite BAAMOUCHE, Lawyer, CMS FRANCIS LEFEBVRE AVOCATS