Hiring an employee in an association: essential information.

Can an association employ staff?

An association is free to hire employees to carry out its missions. Their supervision is strictly defined by law, and sometimes differs from the conditions applicable to companies. Here's what you need to know.
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The majority of associations carry out their activities thanks to the time and energy deployed by their volunteer members. However, the size of some association structures requires the hiring of employees.

The employment relationship is characterized by the existence of a subordinate link, independent of the tasks to be performed or the degree of responsibility of the employee. In this case, the association must respect a legal framework strictly defined by law and different from that in force for companies.

Let's explore together everything you need to know about hiring an employee for a non-profit.

The procedure for recruiting an employee is similar for a company and an association.

What are the requirements for hiring an employee in an association?

The procedure for recruiting an employee is the same for a company and an association.

The latter publishes a job offer with Pôle Emploi (French public service for employment) or on specialized online platforms, receives applications and carries out its selection.

To hire an employee, an association must have a SIRET number issued by the tax authorities. Of course, it must be registered with the registry of associations to be authorized to operate and hire employees.

What are the formalities to complete to hire an employee?

The hiring procedure is similar in companies and associations. Once the recruitment phase has been completed, the association signs an employment contract with the employee.

The pre-employment declaration must mention the provisions of Article R. 1221-1 of the French Labour Code. The published advertisement must comply with the usual formalities, specifying in particular the full name of the employer, its APE code, the association's contact person and the nature of the employment contract.

Employee rights are exactly the same whether you're in a company or an association. They get the same amount of paid leave, the same legal working hours, and the same rights when it comes to employee representation or social security.

The association must guarantee the safety of its employees at work and implement internal regulations.

The APE code determines the collective agreement that governs the working conditions of each employee, based on the association's field of activity. Its reporting obligations to URSSAF and the General Directorate of Public Finances (DGFIP) are similar to those of companies.

Is it possible to hire a manager of an association?

It's totally possible for an association's leader to also be one of its employees. They can also get paid for it.

However, it is possible to freely regulate the accumulation of mandates by introducing specific clauses in the association's articles of association.

How to pay the employees of an association?

Each employee must be paid for the role they perform for the association.

As in a company, the employee can be paid by bank transfer or in cash (in this case, it is essential to provide a certificate with each payment).

How to use the Chèque Emploi Associatif (CEA) for associations under the 1901 law?

The Associative Employment Cheque (CEA) is specifically for associations.

This really helps with hiring because it simplifies the payment process. The association declares their employee's identity using an online form. The association employment check allows the company to skip the preliminary hiring declaration and employment contract for its employees.

The association then pays its employee according to the number of hours worked on its behalf using the associative employment check. It is then subject to a specific declaration to the Centre National Chèque Emploi Associatif (CNCEA) to benefit from the related social rights. The CNCEA then sends a payslip to the association and the employee.

Associations benefit from a simplified administrative framework to make it easier to hire employees. However, they must be careful to use it while scrupulously respecting the labor code.

Written by our expert Paul LASBARRERES-CANDAU
June 14, 2021
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