France - Minimum Wages - 2012

Decree No. 2011-1926, 22 December 2011, Readjusting the Minimum Wage Rate

Labour Code (Code du Travail) No. 73-4 dated 2 January 1973, Journal Officiel, 1973-01-03, consolidated version accessed 8 November 2009.

Decree No. 2009-800 of 24 June 2009 Regarding the Minimum Wage Rate

Social Action and Family Code (Code de l`action sociale et des familles), consolidated version, 9 November 2009

Collective Agreement Regarding Domestic Workers of 24 November 1999, extended by decree of 2 march 2000 (JO du 11 March 2000)

There are two ways in which the national minimum wage rate (SMIC) may be adjusted.
Firstly, the SMIC is indexed to the consumer price index (CPI). When the CPI increases by at least 2%, the SMIC is increased by the same percentage as the increase in CPI. Secondly, and independently from the first method, the government sets a new SMIC in a decree on July 1st each year, following the opinion and related report of the National Committee on Collective Agreements. The National Committee on Collective Agreements is made up of four government representatives and an equal number of persons from the most representative workers’ organizations and the most representative employers’ organizations.

Wages set in collective agreements may not be lower than the national minimum wage. Moreover, collective agreements may not index wage rate adjustments to the national minimum wage rate. Negotiations must have been carried out in a committee made up of representatives of unions and workers with in the agreement’s scope, in order for a collective agreement to be extended.

The increase in purchasing power of the minimum wage rate must be equal to at least half the total increase in the purchasing power of the average hourly wage as set forth in the quarterly inquiry carried out by the Minister of Labour.

The national minimum wage is indexed to the Consumer’s Price Index, which shall be instituted as reference by regulation.

Annual adjustments to the national minimum wage rate should eliminate any imbalance between the national minimum wage rate and the progression of general economic conditions and income.

The National Committee on Collective Agreements bases its recommendation on the analysis of the national budget and a report on the general economic conditions provided by the government.

The minimum wage applies to all salaried workers, including those working in both public and private businesses of an industrial or commercial nature. The minimum wage applies to workers in commercial and industrial professions, agricultural professions utilizing salaried workers as defined in the Rural Code, liberal professions, home workers, domestic workers, doormen, nursery school assistants, union personnel, personnel in insurance companies and social security companies that are not public bodies, and personnel in associations or organizations governed by private law regardless of their make-up or objectives.

No

No

No

Apprentices are entitled to a percentage of the national minimum wage rate that varies in accordance with the age of the apprentice and the number of years of the apprenticeship completed. This rate varies from 25% of the national minimum wage rate for apprentices between 16 and 17 years of age in the first year of the apprenticeship; to 78% of the national minimum wage rate for apprentices over 21 years of age in the third year of the apprenticeship.

Young workers employed under a contrat de professionnalisation (training contract), that they must carry out in order to obtain a professional qualification, are entitled to a percentage of the national minimum wage rate. This rate varies from 55% (65% if holder of the "Baccalauréat") of the national minimum wage for workers under 21 years of age to 70% (80% if holder of the "Baccalauréat") of the national minimum wage for workers over 21 years of age.

Young workers may also enter into a contrat d’orientation (work experience), designed to assist them finding employment. Workers employed under such contracts are entitled to a proportion of the national minimum wage rate. This rate varies from 30% of the national minimum wage rate for workers between 16 and 17 years of age; to 65% of the national minimum wage rate for workers between 21 and 22 years of age.

Workers who have not reached 17 years of age may be paid a minimum hourly rate that is 20% less than the regular minimum hourly rate. Workers between 17 and 18 years of age may be paid a minimum hourly rate that is 10% less than the regular minimum hourly rate on the condition that workers have less than 6 months practical experience in the sector that they are working in.

A disabled worker’s salary may not be lower than that of an able-bodied worker carrying out the same task. The employer is entitled to an allowance from the State to compensate the business cost resulting from the recruitment of a worker with a severe disability.

Unless the working capacity of a worker is affected by their disability, a disabled worker’s salary may not be lower than that of an able-bodied worker carrying out the same task. If a disabled worker is paid a wage that is lower than the national minimum wage as a result of their disability being classified into category B or C (see below), or as a result of the fact that they are working in a protected workshop or home work distribution centre that is registered with the regional State representative, they are entitled to an additional allowance from the State entitled the resource guarantee. This resource guarantee is linked to the national minimum wage rate and is paid by the State, forming part of the wage received by the worker each month.

The Technical Committee of Orientation and Professional Classification may assign disabled workers a classification, either A, B or C, in accordance with the severity of their disability. A person in category B may be paid an hourly rate that is 10% less than the rate paid to a worker of regular working capacity. A person in category C may be paid an hourly rate that is 20% less than the hourly rate paid to a worker of regular working capacity. A resource guarantee is provided by the State for these workers.

Disabled workers in protected workshops and home work distribution centres that are registered with the regional State representative, must be paid at least 35% of the national minimum wage rate by the employer. A resource guarantee is also provided by the State for these workers.

Domestic Workers:
For an hour of work the gross wage cannot be below the minimum wage level. The wage is increased by 3 % after 3 years and 1 % for every year up to 10 % after 10 years.
In-kind allowances are fixed through negotiations with the employee and are deducted from the salary.

2012: 9,22 Euros per hour or 1.398,37 Euros per month.

22 December 2011. Entry into force of the new minimum wage: 01 January 2012.

The Labour Code provides for the wages of workers in certain professions (such as café and hotel workers) to be paid in kind when the provision of wages in kind has traditionally formed a part of workers’ remuneration. The value of the in-kind allowances may be deducted from the national minimum wage rate and the remaining total must be paid in legal tender.

Yes. 9,22 Euros per hour

1.398,37 Euros per month on the basis of a 35 hours work week.

The minimum monthly rate set forth above is reduced when a worker has worked fewer hours than the legally stipulated number because the contract has been suspended or terminated.

The national minimum wage rate is adjusted at once a year, entering into force every next year from the 1st of January.

Labour inspectors and other such officials are responsible for ensuring that the provisions of the Labour Code concerning the national minimum wage are adhered to. These officials may work in conjunction with police officers.

Failure to pay the stipulated national minimum wage rates results in the person or body that commits the offence being liable a penalty of EUR 1.524,00 for each worker that has been paid a lower rate. The penalty shall be applied as many times as there have been violations.