Compulsory business seminar: what you need to know

Seminars are a strategic tool commonly used in companies to unite employees, improve internal communication or even boost productivity.

Often organized in a seminar room, outside the workplace, and sometimes even outside of working hours, this professional event often raises a few questions, for example: can you impose a conference on your employees? What happens if an employee refuses to participate? Is it considered to be effective working time?

In this article, we look back at the legal framework And the rules that surround the organization of a corporate seminar.

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Reminder: definition of a business seminar

A seminar is a professional event organized by the employer that brings together all or some employees for a specific purpose. It can take place outside the workplace or within the usual premises.

There are two main types of seminars:

• The work seminar : its objective is to deal with topics directly related to the company's activity (strategic meeting, mandatory training, presentation of objectives, internal organization...).

➜ When it falls within the scope of the employment contract, it may be obligatory and counts in the usual working time.

• The motivational seminar (or team building): oriented towards strengthening relationships between team members, it often includes sports, fun or cultural activities.

➜ Participation in a cohesion seminar is in principle optional, unless the employer demonstrates a direct link to performance or safety at work, for example.

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Can a seminar be imposed?

Employees may be required to participate in the seminar if:

• The event is directly linked to the missions planned in the employment contract.
• The grouping takes place on usual working hours and is made up of effective working time.
• The organization respects the rules of daily rest and safety.

Important : Participation in a mandatory professional event must be paid normally.

On the other hand, if the seminar is organized outside the usual hours (weekends, evenings, holidays), additional recovery or remuneration must be provided.

This can take the form of a compensatory rest Or ofovertime.

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Can an employee refuse to participate in a mandatory seminar?

Refusing to participate in a mandatory seminar without legitimate reason (illness, force majeure, proven incompatibility with personal life) may result in disciplinary sanctions.

This can be considered as a breach of employment contract according to a judgment delivered on 17 December 2003 by the Court of Cassation.

On the other hand, if the conference did not no direct link to the activity Where is taking place outside of normal working hours without compensation, the employee is entitled to refuse it.

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Is participation in a seminar considered to be effective working time?

In the context of this type of event, employees divide their time between work meeting, fun activities and free time. Is it, in each case, actual working time?

According to article L. 3121-1 of the Labor Code, “the duration of effective work is the time during which the employee is at the disposal of the employer and complies with his instructions without being able to freely go about personal activities”.

• Work meetings : it is unambiguously effective working time, since the employee is placed under the management of the employer and must perform the tasks assigned to him.
• Activities imposed by the employer : even if they take the form of leisure (for example a sporting activity or a cultural workshop), they also fall within the scope of effective working time since they are mandatory and the employee does not have the possibility of refusing.
• Optional activities : on the other hand, additional activities offered but not imposed by the employer, as well as periods of free time, are not considered to be actual working time.

In these cases, the employee is no longer under the compulsion of the employer and can freely go about his personal activities if he wishes.

Thus, the distinction is based on the mandatory nature or optional activities, and not on their nature (work or leisure).

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Compulsory seminar: employee rights and employer obligations

Focus on employee rights

When an employee participates in a mandatory corporate event, he benefits from a number of rights, including:

• Remuneration : his participation must be paid as normal working time.
• Taken care of Expenses : transport, accommodation and meals must be provided by the company.
• Safety and health : any accident that occurred during the seminar may be Qualified as an accident at work and covered by the Social security.
• Respect for personal life : the employer cannot impose a seminar during a vacation or a day of rest without prior agreement.

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What are the employer's obligations?

For its part, the company must also follow certain rules:

• Respect the regulations dictated in particular by labor law : in terms of work schedule, break time and safety.
• Clearly inform employees : the employer must specify the mandatory nature of the event, as well as the program, location and objective of the seminar.
• Adapt the event to make it accessible to everyone : when organizing a meeting, the company must take into account the possible personal or medical constraints of the participants.

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Good to know : the rights of employees and the obligations of the employer also apply to online seminars, as long as they are mandatory and organized in a professional context. In this specific case, the employer must also ensure that the employee has the necessary tools (internet connection, computer, software) to participate. In addition, if an employee is obliged to incur costs to participate (specific connection, hardware required), they must be borne by the company.

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How can obligations be transformed into opportunities for employees?

Unfortunately, it is not uncommon to hear an employee say that he hates seminars.

However, even when imposed, a seminar can become a rewarding moment for all participants.

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The benefits of seminars for employees

Depending on the type of event, this grouping can be an opportunity to achieve various professional goals:

• Learn and train on strategic tools, methods or issues;
• Strengthen relationships between members of its team through interactive workshops;
• Develop your internal network and exchange with colleagues who are not familiar with on a daily basis;
• Stimulate your creativity through brainstorming or training sessions;
• Live a motivating experience that reinforces team spirit and breaks the routine of usual working time ;

• Reinforcing a sense of belonging Seeing each other rewarded for his work and his productivity. 

So how can we ensure that this grouping of professionals is not only seen as a constraint?

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The levers to be activated on the employer's side

For this event to be perceived as a real opportunity for performance development And as A lever for cohesion, the employer must in particular:

• Valuing the benefits and benefits for employees through clear and transparent communication;
• Ensuring a effective organization of the event.

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This last point is essential: if the organization is not well organized, the event can hardly represent a real benefit for employees.

For organize a successful event And importantly, a few criteria must be met:

• Of clearly defined goals ;
• Of relevant activities depending on the type of seminar (e.g.: fun activities and sports activities as part of a team-building, interactive workshops as part of a training meeting, etc.);
• One ideal seminar location to promote both productivity and provide a friendly atmosphere;
• One flawless logistics ;
• One clear communication and transparent to the participants.

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Formeret: your ally for the organization of your corporate events

Are you looking for an unusual space and a seminar room in Paris to organize your next event?

The Formeret group, a specialist in meeting room rental, puts its expertise at the service of your event projects.

Located in the heart of Paris, our spaces have become a reference fororganization of seminars professionals and other types of meetings:

• Emblematic and prestigious addresses : Cléry, La Rochefoucauld and Vinci house spacious, atypical and perfectly equipped rooms to meet your needs.
• Turnkey support : in addition to room rental, we also offer logistics, equipment, catering and the complete coordination of the D-day.
• Maximum modularity : configurations adapted to both small meetings and events with up to 200 participants.
• Optimal accessibility : in the immediate vicinity of public transport, with spaces designed to accommodate people with reduced mobility.
• Varied animations : our spaces are suitable for the organization of a large number of activities and activities to enrich your employee meetings.

Do not hesitate to contact our teams to receive a free quote on request.

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