Personal

The RUP

The Single Personnel Register is a mandatory document (Article L1221-13 of the Labor Code). Just like the registers relating to working conditions or the register of the social and economic committee (CSE). It concerns all employers, except individual employers and associations using the associative employment check.

It must be populated from the first hiring of an employee, in chronological order of hiring, and record all of the company's employees regardless of their contract: fixed-term contract, permanent contract, apprenticeship contract, professionalization contract, interim… It also concerns trainees and people who volunteer in civic service, but the terms and conditions are different.

The employer must keep a single staff register per establishment and not per company. Therefore, if a company has several establishments, it must keep a single personnel register for each establishment.

What should the single personnel register contain?

The single personnel register does not have a mandatory form, and can be in paper or digital form. But they must include all of the mandatory information provided for in Article D1221-23 of the Labor Code:

• First and last name
• Nationality
• Date of birth
• Gender
• Job
• Qualification
• Dates of entry and exit from the establishment

Other information is mandatory depending on the employees:

• If a hiring or dismissal authorization is required, the date of this authorization must be mentioned in the document or, failing that, the date of the authorization request.
• For foreign workers, the type and serial number of the work authorization document must be mentioned.
• For temporary employees, “temporary employee” must be mentioned as well as the name and address of the temporary employment company.
• For workers made available by a group of employers, it is necessary to mention “made available by a group of employers” as well as the name and address of the latter.
• For part-time employees, “part-time employee” must be mentioned.
• For young workers holding an apprenticeship or professionalization contract, “apprentice” or “professionalization contract” must be mentioned.
• For workers with a fixed-term employment contract, “fixed-term contract” must be mentioned.

Trainees must appear in a specific part of the single personnel register. For them, the mandatory information is as follows:

• Trainee’s first and last name
• Start and end dates of the internship (or the training period in a professional environment)
• Name and first names of the tutor as well as the place of presence of the trainee

The single personnel register must be able to be presented at any time. In the absence of presentation or if the details of the document are incorrect or incomplete, there may be a sanction (Article R1227-7 of the Labor Code): fourth class fines: up to €750 for individuals, and up to at €3,750 for legal entities. This fine will be applied as many times as there are employees in conditions likely to be sanctioned.

The three other mandatory documents

There are 4 mandatory registers:

• The RUP, detailed above
• The single professional risk assessment document (DUER or DUERP)
• Register of public health and environmental alerts
• Register of the Social and Economic Committee (CSE)

The DUER or DUERP aims to assess professional risks, and to list the measures taken to guarantee the safety and health of its employees. It must be made available to internal and external stakeholders of the company.

The sanction provided for failure to transcribe or update the DUERP is a fine of €1,500 or €3,000 in the event of a repeat offense.

Register of alerts in matters of public health and environment Becoming mandatory since April 1, 2014, it records alerts from workers, or from any staff representative on the social and economic committee (CSE), who consider that the the products or manufacturing processes used or implemented by the establishment pose a serious risk to public health or the environment. It is governed by article L4133-1 of the labor code. The employer informs the worker who sent him the alert of the follow-up he has in mind.

These alerts must be recorded in writing, dated and signed, in the register of public health and environmental alerts.

Register of the Social and Economic Committee (CSE) Since January 1, 2020, the register of the Social and Economic Committee replaces the register of staff delegates. This register contains all the requests from CSE members as well as the employer's responses. It must be available to all employees of the company, the labor inspector as well as members of the CSE.

In the absence of a CSE register, the employer commits an offense of obstructing the functioning of the CSE. The penalty incurred is a fine of €7,500.

The register of minor accidents

There is a 5th document, this one not obligatory: the register of undeclared minor accidents can be set up by the employer with the authorization of the CPAM (Caisse Primaire d’Assurance Maladie). In general, any professional accident must be declared by the employer to the CPAM. But with its agreement, certain declarations can be replaced by a simple entry in the register of minor accidents at work.