DUE (Décision unilatérale de l’employeur)
A DUE (Décision unilatérale de l’employeur) is a formal written decision made unilaterally by an employer to introduce specific benefits or employment conditions for employees, without the need for a collective bargaining agreement or an individual employment contract.
In France, a DUE is commonly used to grant additional benefits, such as collective health insurance (mutuelle), supplementary pension schemes, bonus plans or other employee benefits. Through a DUE, the employer formally specifies which employees are covered by the scheme, the benefits provided and the conditions that apply.
Although a DUE is adopted unilaterally by the employer, it must comply with French employment law. Employers are also required to clearly inform employees about the content of the scheme and the applicable conditions.
Why establish a DUE?
A DUE offers employers several advantages:
- A quick and straightforward way to introduce employee benefits.
- No need for negotiations with trade unions or employee representatives in certain situations.
- Legal certainty through a formal written document.
- Clear communication of employee rights and benefits.
When is a DUE mandatory?
In certain situations, a DUE is required. This is often the case when an employer introduces mandatory collective health insurance (mutuelle d’entreprise). The DUE then serves as the official document demonstrating that the scheme has been properly implemented and complies with legal requirements.
Professional support in drafting a DUE
Properly drafting a DUE is essential to avoid legal risks. An incomplete or incorrectly worded DUE may lead to disputes with employees or issues during inspections by French social security authorities. This is why many employers choose to seek support from a specialist in French employment law or HR administration.
Need help drafting a DUE?
I can assist you in preparing a DUE that complies with French legal requirements and is tailored to your organisation's needs.