Lend a helping hand to a colleague who is drowning in files: we are in the same boat and helping when we have finished our task is a classic reflex. Offer a break, too. These unwritten rules allow for cohesion, a pleasant atmosphere. Moreover, 97% of employees consider that having good relations with their N + 1 as well as with their office neighbors is very important and 71% that it has a positive impact on productivity (“Blurring”, Michael Page, 2017). “Hello”, “thank you”, “good evening”, “congratulations”, knit the daily routine with a smile, to make the corny “are you taking your afternoon off? (at 7 p.m.)” or the selfish and angry: “I have work too!” disappear.
Etiquette that cements the collective: 6 out of 10 employees say that they sometimes feel isolated within their company and 1 in 4 is “often” isolated (Ifop/Paris Workplace, 2019). Even if he knows nothing about law, the manager generally has a few obvious rules in mind: first, the relationship of subordination. Next comes loyalty, the mother of work relationships and her daughters, non-discrimination (religious, linked to health, physical appearance, etc.) and the prohibition of sexist actions and remarks. Deciphering the other subtleties, so that the human takes precedence over the legal, by Lise Le Borgne, associate lawyer specializing in labor law at the Kantor-Le Borgne firm.
The basis of labor law remains the performance of a service for remuneration. “It is still necessary to pay for each hour worked,” warns the expert. However, often, while employees are supposed to be paid for 35 or 39 hours per week, the employer forgets to put in place the appropriate control tools. “Frustrations can arise among those who do not receive the full fruits of their labor. Disputes related to overtime reminders have multiplied in recent years. Since the limitation period is three years in this matter, the financial risk is significant for companies,” she analyzes. Her advice for managers: record and pay for each hour of overtime worked.
Deliver the objectives on time
Similarly, if there is a flat-rate working day, the right to disconnect must be respected, the workload monitored and annual interviews conducted to verify that the employee does not have too much work or that it interferes with their private and family life. “Failing this, the flat-rate working day may be deemed unenforceable”. Another commandment: adapt to teleworking. Working hours remain applicable and the employee has the right to take breaks and disconnect at the end of the day. “Working remotely does not give the employer the power to interfere in the time and place reserved for the family life of its employees”, the lawyer emphasizes. Beware of mistrust: 56% of teleworkers believe that their employer is monitoring them closely, a figure that rises to 59% among senior executives and managers (“People at work 2024”, ADP Research Institute, June 2024).
The manager must keep in mind the employee’s obligation to train and adapt to their job. Make sure to communicate the objectives at the beginning of the financial year on which the bonus is calculated, for variable remuneration. “If the financial year is calendar-based, the objectives must be communicated in January and not wait until March or June. Otherwise, employees are justified in claiming 100% of the target variable.”
In addition, Maître Le Borgne believes that “managers are in direct contact with the teams, they are key players in preserving health at work” and must detect a situation of suffering. Take care of the health of their teams but also their own, report problems to the hierarchy. “Managers are often the intermediate link in the work chain, caught between top managers and operational teams”.
Another imperative that we don’t necessarily think about: limiting alcohol at company parties. “Unfortunately, many of my cases started with an evening of too much alcohol at the office”. Last rule in the form of advice: “many of my clients would prefer to be told clearly that their departure is desired – and to be supported positively in this regard”. In short, dialogue, “a frank and concise discussion”, including when a termination of the contract is envisaged.
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