French SMEs Economy
Transcription
French SMEs Economy
French SMEs Economy Grant Agreement number: 2003-3448/001-001-LE2-51 OREF This programme is a part of a LEONARDO Community Vocational Training Action Programme in favour of small and medium-sized enterprises (SMEs) across Europe. Eight countries participate to this programme: Belgium, Britain, France, Germany, Hungary, Poland, Slovakia and Spain. This module covers 3 ects divided into seven chapters enabling the student to organize work over a three month period. This module is designed for on line use only. During the learning period a tutorship and a technical hot line will be activated, and a discussion forum and on line tests will be available. 1 Bibliography « 100 fiches pour comprendre l’organisation et la gestion de l’entreprise », Albéric HOUNOUNOU, éditions Bréal, 2005 « L’entreprise et son environnement économique », Guy TRIOLAIRE, éditions Sirey, 1994 « Stratégie : les clés du succès concurrentiel », Jean-Marie DUCREUX et Maurice MARCHAND-TONEL, éditions de l’organisation, 2004 Web links Short summary of the introduction of the national economies and the location of SMEs 1. http://www.apce.com/index.php L'Agence Pour la Création d'Entreprises (APCE), en français, site d’information sur les PME en France 2. http://www.apce.com/index.php?type_page=IL&pays=1&rubrique_id=300000111 French Business start-up agency, English language, this site offers information about SMEs in France 3. http://www.oecd.org/h Organisation de coopération et de développement économiques, site d’informations économiques, dont plusieurs rapports sur les PME, Français 4. http://www.oecd.org Organisation for Economic Co-operation and Development, economic information including rapports about SMEs, English language. Legal and administrative environment (legislative administrative procedures, legal forms, 1. http://www.apce.com/index.php?rubrique_id=116&tpl_id=106&type_page=I&typ e_projet=1¶m=0 Statuts juridiques des PME en France, présentation simplifiée de l’apce, en Français. 2. http://www.apce.com/index.php?rubrique_id=3000001122&type_page=IL&pays= 1 Legal structures in France, in English, short presentation of procedures in France. English language Laws, foundation, termination, dissolution See part IV, general information Administrative burdens on SMEs (employment, working conditions) 1. http://www.travail.gouv.fr/etudes-recherche-statistiques/statistiques/relations- professionnelles/85.html Site du ministère du travail, informations et statistiques sur l’emploi, le chômage, les relations professionnelles, uniquement en Français. 2 2. http://vosdroits.service- public.fr/particuliers/N442.xhtml§&n=Emploi,%20travail&l=N5 Les contrats de travail dans les entreprises – en français site qui présente les différents types de contrats de travail, congés, licenciements, démissions, retraites, conflits du travail. Tax rates and structure (tax systems, administrative burdens etc 1. http://www.apce.com/index.php?rubrique_id=3000001124&type_page=IL&pays= 1 French tax system for SMEs, in English,Tax system for each legal structure of SME. 2. http://www.apce.com/index.php?rubrique_id=3000001125&type_page=IL&pays= 1 Social security in France, English, Information on the global social security system for SMEs in France 3. http://www.apce.com/index.php Site de l’Agence Pour la Création d’Entreprises, informations et exemples sur le système fiscal et les cotisations sociales , en Français General information 1. http://www.centre-inffo.fr 2. 3. 4. 5. 6. 7. 8. 9. Ce portail propose aux usagers et professionnels une approche synthétique sur les dispositifs de la formation permanente en France Langue : Français Contenu : ensemble des informations pratiques sur les dispositifs de formation http://www.centre-inffo.fr/sommaire_uk.php3 This site in English offers analysts and practitioners a quick and synthetic approach to the French vocational training system. Language English http://www.pme.gouv.fr Site du ministère français des PME, comporte des informations économiques et règlementaires, des études, des liens et des adresses utiles. Seulement en Français. http://www.diact.gouv.fr/datar_site/datar_framedef.nsf/webmaster/pat_framedef _vf§OpenDocument PME et aménagement du territoire, en Français, voir aussi datar http://www.diact.com La Datar est devenue la DIACT, Délégation interministérielle à l'aménagement et à la compétitivité des territoires, en Français This website is not yet available in English http://www.projetsdeurope.gouv.fr Projets Européens pour l’aménagement sur le site du gouvernement Français, en Français http://www.projetsdeurope.gouv.fr/index.php?lang=en The European projects in English on the French government website, concerning France , in English language http://www.territoires.gouv.fr/index.php Le portail de l’Observatoire des Territoires vise à faciliter l’accès du plus grand nombre à une sélection d’informations territoriales, en français. http://www.cgpme.fr La Confédération générale des petites et moyennes entreprises et une organisation syndicale interprofessionnelle d’employeurs de PME. Elle est 3 reconnue comme partenaire social par les autorités. Ce site est en Français. Il comporte des informations économiques, sociales et internationales qui concernent les PME. 10. http://www.cgpme.fr/english_version.pdf The General Confederation of Small and Medium sized Enterprises (CGPME), is an interprofessional, private, independent organisation for employers and is a recognised French social partner. Website in English 11. http://entreprises.insee.fr Portail des entreprises de l’INSEE, toutes les statistiques économiques sur les entreprises, en France, par région. Français 12. http://www.pme.gouv.fr/economie/chiffreclefspme/index-d.htm Les chiffres clés des PME, informations du ministère de l’économie sur les PME, par le gouvernement Français. Français 13. http://www.entreprises.minefi.gouv.fr/entreprises/theme2/creer.htm Serveur du Ministère de l’Economie et des Finances, sur les entreprises. En Français, comporte des informations sur le cadre juridique, les formalités administratives, la fiscalité, la protection sociale, et des liens avec des partenaires. http://www.entreprises.minefi.gouv.fr/v_english.htm 14. The purpose of MINEFI Serving Businesses is to provide businesses with information, to simplify their relations with MINEFI and to support their expansion projects. English Online formalities, Local economic information available online and Links to partner site 15. http://europa.eu.int/comm/enterprise/index_fr.htm Site européen, des politiques en faveur des PME, en Français, tous les dispositifs européens en faveur des PME 16. http://ec.europa.eu/enterprise/index_en.htm Website in English, a guide to SME policy in Europe, in English, information about all European devices about SMEs 17. http://ec.europa.eu/enterprise/enterprise_policy/charter/index_en.htm The European Charter for Small Enterprises, only available in English language, information about the European priorities for SMEs. 18. http://ec.europa.eu/enterprise/networks/eic/eic.html Euro info centres inform, advise, and assist businesses on Community issues. They also provide feedback to the European Commission about community matters affecting SMEs. English language 19. http://www.apcm.com/artisanat/default.htm Les chambers des métiers 20. http://www.acfci.cci.fr/presentationCCI/index.htm Chambres de commerce et d’Industrie, site français 21. http://www.acfci.cci.fr/Site%20anglophone/index.htm The Assembly of French Chambers of Commerce and Industry (ACFCI). In english 4 1 Introduction of module 1.1 Role and goals of the module The module presented below is to show the contemporary situation of French SMEs and the conditions for the development of these enterprises. It is divided in an introduction and 6 sections : • • • • • • The first part gives information about French economy and the position of SMEs concerning productivity, export and Innovation Capacity of SMEs. The SMEs distribution by sector is presented with the employment, and working conditions. The second part study the labor relation system in France, and especially management of workforce and collective bargaining, labour inspection and the Chamber system to understand the relationship between employees and firms. The third part focuses on the legal system with means to know the statutes of SMEs and the whole story of them from the establishment to the termination. After then the financial environment is presented. It concerns taxation as a whole, social security system and the specificities of accounting and auditing. The manpower is fundamental, so the fifth part (Knowledge) deal with the education and training system especially concerning national life-long education strategy. It helps to understand skills and competencies required par demand and offer side leading to resources for training The last part presents some case studies on five French SMEs just to show in various sectors what their life is. 1.2 Guide for module Work Methods The required work, distributed over a 12 week period, corresponds to a 2.5 hour weekly work load. For the most part the student will be on his own. Some assignments will require information retrieval or practical exercises. Methods of evaluation The evaluation of the participants will be done according to two great principles: 1. On line evaluations will account for a third of the grade (multiple choice, reckoning, answers to questions, text commentaries.) 2. A common examination, with a time limit will account for two thirds of the final grade. 3. The validation of the module will require an average of 10 out of 20 points in France. 1.3 Pre-requisites This programme is open to four kinds of students, with varying access requirements and pre-requisites 1. Students registered in L3 at Paris X Nanterre, who take this module on an extra curriculum basis to familiarize themselves with the economy of SMEs 2. Professionals with management skills who will be admitted after approval by a qualifiying committee In some cases changes will have to be brought to the programme. These students will follow an on line course and may when necessary take part in group sessions 5 3. Students on European or international exchange programmes wishing to make themselves familiar with French SMEs. 1.4 What is a SME ? Traditionally the definition of SME in France is based on two quantitative criteria namely, number of employees and turnover. SMEs are companies · employing less than 500 employees · or realizing less than 77 millions euros of turnover Nevertheless the French and European definitions are really different. It became usual, even in France, to agree with the definition suggested by the European Commission. Thus, the SMEs are companies · employing less than 250 people (in annual full time equivalent) · realizing an annual turnover until 40 million euros · or with a total result not over than 27 million euros · that are not held to a total value of 25% or more (capital or voting right) by one or more companies not corresponding to the definition The European Observatory of SME classifies SMEs according the different following types of manpower: · the very small companies employing less than 10 employees this category can be subdivided in - companies without employee (self-employed workers) -or companies employing from 1 to 9 employees · the small companies employing 10 to 49 employees · the medium companies employing 50 to 249 employees Test your knowing on statistical definition of SMEs 6 2 Position of SMEs in the National Economy As in all the European countries, SMEs occupy an important place in French economy, where it represents nearly 60% of employees in the private companies. SME also ensure a significant part of exports and innovation. 2.1 French economy Geography Total surface: 550 000 square kilometres The widest country of Western Europe (close to a fifth of the surface of the European Union) Population In 2004, the population of France (included overseas) is estimated at 62 million inhabitants. The French population thus represents 16 % of the population of the Union. The life expectancy is 76 years for the men and 83 years for the women. Births: 796 000 and Deaths : 539 700 The birth rate is 1,91 child by woman Death rate: 8 ‰ The average age is 39,2 years 7 Age distribution less than 20 years: 25% from 20 to 59 years: 55% 60 years and more: 20% Education In 2002, the expenditure of education is 108,1 billion euros, 7 % of the GDP and 38 % of the budget. The expenditure of education represents an amount of 1 690 euros per capita, or 6 500 euros per pupil or student Primary education and secondary: 12 130 000 pupils Higher : 2 200 000 students 8 Occupational structure Employees Workers Intermediate employees Managers and professionals Handicraft, Trade and self employed Farmers Whole occupied labour force : 7 6 5 3 1 400 640 400 510 450 600 25 000 9 30% 27% 22% 14% 6% 2% 100% Gross domestic product GDP and national aggregates In billion of euros (2003) 2.2 Productivity, Export and Innovation Capacity of SMEs 2.2.1 Productivity in SMEs The productivity is the ratio between the product of a factor of production and means use to produce it. It is always difficult to isolate the productivity from a factor (labor for example) among the whole of the active factors. This is why one speaks about “apparent” productivity of a factor. 10 The productivity of a company depends on its sector of production; its variations are related to the technological developments of production and/or management. The productivity of a sector varies according to the nature of the companies often related to their history. If two companies, one old and almost obsolete and an other new modern company, cohabit, the productivity of the sector is the average of both. If the obsolete company disappears, then the productivity of the sector reaches brutally to the leverl of the productivity of the modern company without any modification in the process of production of the modern company. The productivity of a country is even more complex to analyze since all the factors quoted mix with it previously. Comparison of productivity of companies according to their size (SME versus large companies) can thus be influenced by: • • • the real effectiveness of the factors of production (less tools, older tools, lower qualification of the workers, …), the type of product trade against industry or high technology for example, the demography of companies, new companies being generally SME and often very small compagnies. 2.2.1.1 Comparison with the productivity of work between SME and large companies Whereas SME represent 64 % of total employment in France, they ensure only 53 % of the added value.These results clearly indicate a difference productivity of work, an employee of SME produces on average 17 % less richness than an employee of large company. Chart 2.2.1 SME (0 to 250 employees) in national economy en % 2.2.1.2 Principal causes profits of productivity The principal conclusions of OECD are the following ones: • • • A large fraction of aggregate labour productivity growth is driven by what happens in each individual firm, while shifts in market shares from incumbents in decline to those who are growing seem to play only a modest role. Labour productivity growth is also boosted by the exit of low productivity units, especially in mature industries. In other industries in particular those experiencing rapid technological changes (e.g. ICT-related industries) the entry of new units is important in fostering overall productivity growth. Within-firm growth makes a relatively smaller contribution to multifactor productivity growth – a proxy for overall efficiency in the production process than it does to labour productivity. This suggests that incumbents often raise labour productivity by increasing capital intensity and/or shedding labour. By contrast, 11 • • new firms provide a relatively larger contribution to multifactor productivity, possibly because they enter the market with a more “efficient” mix of capital and labour and likely new technologies. A large number of firms enter and exit most markets every year. The early years are the most difficult for entrants: 20 to 40 per cent of entering firms do not survive the first two years. Young firms that fail are often very small, while those surviving tend to be larger and experience further increases in the initial years. Some tendencies are common to France and the other Europeans countries:in the branches most concerned with communication and information technologies The entry of new firms makes a contribution to the growth of the productivity of work higher than the average, which indicates the important role of the new companies (of high technology) in a sector characterized by a powerful wave of technological changes. It is apparently the opposite in more mature industries, where a more substantial contribution comes either from the growth inside the company, or of the exit of obsolete companies. In France, overall and in comparison with the other European countries, the growth of productivity is mainly due to the profits of productivity inside the company and to disappearances of the least competitive companies. 2.2.1.3 Productivity and survival of the companies Although the rates of survival of the young companies vary considerably from one country to another, more than 25 % of disappearances during the first two years of existence, 40 % during the first 4 years and 50 % at the end of seven years. A weak rate of survival is not necessarily alarming because the entry of new companies can be regarded as a process of experimentation, which implies in itself a rate of high failure. Moreover, the entry of new companies pushes the operators in place to improve their efficiency and their profitability. 12 2.2.2 Export-Import in SMEs France has a place of choice in the world economy. It is nevertheless interesting to notice that the majority of these exchanges are carried out within the European Union. In addition, the geographic concentration of our external exchanges is important. Our first nine customers are also our first nine suppliers. These nine suppliers/customers cumulate nearly 70% of the totality of our foreign trade. The European Union represents approximately 60% of our exports and 59% of our imports. Exercise The majority of the industrial sectors are in surplus, which makes it possible to compensate for the deficit of the energy sector. Nevertheless, the exchanges are more often the fact of the large companies. Indeed, only 30% of the French exportations/importations are carried out by SMEs and this figure is relatively stable in time. According to the majority of surveys about SMEs, carried out by INSEE, the turnover to the export of SMEs did not evolve over our period of studies. 13 2.2.3 Innovation Capacity in SMEs As Bertrand Saporta indicates it : “To innovate constitutes for SMEs an essential requirement and this, for two principal reasons. The first, which is common to all the companies whatever their size, is that the innovation constitutes the privileged way to create (or to recreate) a potential of development to the long-term. The second reason, specific to SMEs, relates to their capacity of competition, i.e. their real capacity of survival face to the other companies (often with a bigger size) and, more generally, with drill unfavourable environment. However the disparity of the resources is obvious: it is opposed in particular so that SMEs can use the weapon of the biggest firms, i.e. the recourse to the economies of scale , with the reduction in the cost prices thanks to the accumulated experience. To innovate consists to break the combat and to carry it on a ground more favourable at SMEs. To resume, the small companies must oppose the innovation to the experiment of the large companies” (Saporta B, p. 2731). The most important field RD innovation is that of industry. By looking at the distribution by size of companies, we could see that the share of the innovating companies progresses with the size (in connection obviously with the means at disposal which are more important in the large companies). The fact that it is the industrial sector which is more innovating could be the under-sectors of aeronautics, electronic and the telecoms which are more innovating. SMEs primarily set up innovations of products rather than of processes, which rather be the prerogative of the large companies. Where Are Economies of Scale? The increase in efficiency of production as the number of goods being produced increases. Typically, a company that achieves economies of scale lowers the average cost per unit through increased production since fixed costs are shared over an increased number of goods. Example : the first case show a decreasing average unit cost as far as the size growths In the second case, the decreasing stops and increases again after passing by a minimum value. In the second case, the optimal size is not the biggest one. There are two types of economies of scale: - External economies - the cost per unit depends on the size of the industry, not the firm. - Internal economies - the cost per unit depends on size of the individual firm. 14 Exercise A company produces 1000 units with 100 employees. Each increase of one employee increases the total production of 100 units. • Which is the initial apparent productivity of work (100 employees)? • Which will be the productivity with 105 employees? • At which time the productivity won't growth any more? • Try by simple calculation first, then use a spreadsheet like Excel to solve the question. The exercise The solution 2.3 Distribution of SMEs by Sector SMEs constitute a universe extraordinary diversified, multiform, composed of heterogeneous entities, not easy to apprehend as a whole. We could find indeed there, at the same time, hotel keeper employing 10 paid workers, the manufacturers of machine tools employing 200 paid workers, the craftsman-masons working alone, high-tech companies with strong potential of development, the bakers installed in a borough of province. The study of SMEs covers very diverse situations in the industrial plan. The most important point of the study of the sectors is that SMEs of the industrial sector are definitely fewer than the others, and in particular that those of the services. Number of enterprises in France by size (IAA = agriculture) Geographic location in France The following table makes it possible to locate the whole of SMEs on the French territory by sector. 15 The tertiary activities (the services) account for approximately 60% of the whole of French SMEs (25% of French SMEs are SMEs operating in the tertiary activities and localised in Paris and its neighbourhood). 2.4 Employment, Working Conditions 2.4.1 Employment in SMEs With nearly third of the employees in the companies, SMEs are very largely the first private employers of paid in France. Employees in France enterprises by size To reach the exercise, click here The small enterprise(category “10 to 49 paid”) accounts for almost 50% of the employment paid in SMEs, and nearly 30% in the ensemble of the companies. In addition,the commercial and services sectors employ the half of manpower. 16 Paid workers by size of the SME in 1999 Food-processing industry Industry (except food-processing industry) Building trade Trade Transport Services Education, health, social action Total 0 to 9 10 to 19 20 to 49 50 to 249 Total SME 37,3% 16,2% 12,1% 12,7% 18,9% 27,0% 31,7% 44,1% 100% 100% 43,8% 41,0% 20,3% 42,3% 46,9% 35,4% 18,5% 14,3% 13,3% 14,1% 10,4% 14,1% 21,4% 22,6% 26,7% 19,8% 16,5% 22,4 % 16,3% 22,1% 39,7% 23,8% 26,2% 28,1% 100% 100% 100% 100% 100% 100% Source: INSEE-DEcas (fiscal database SUSE) Paid workers by size and sector of the firm in 1999 Food-processing industry Industry (except foodprocessing industry) Building trade Trade Transport Services Education, health, social action Total 0 to 9 10 to 19 20 to 49 50 to 249 Total SME 250 and more Total 4,7 % 3,8 % 3,8% 5,0% 4,5 % 4,2 % 4,3 % 9,8 % 19,2% 25,8% 33,5 % 21,4 % 35,5 % 27,0 % 16,2% 27,8% 3,2% 30,6% 17,2% 24,4% 5,3% 25,7% 12,5% 24,3% 6,8% 22,5% 7,5% 18,9% 8,0% 21,7% 13,1% 24,0% 5,7% 25,5% 3,3 % 14,1 % 9,3 % 32,8 % 9,2 % 20,1 % 7,1 % 28,5 % 7,7% 4,4% 4,3% 5,4% 5,8% 0,8 % 3,8 % 100,0 % 100,0 % 100,0 % 100,0 % 100,0 % 100,0 % 100,0 % INSEE-DEcas (fiscal database SUSE) The small structures have remunerations levels less high than the large ones. Actually, SMEs, on average, practise levels of wages lower by 15% than those of the large companies. These differences are more important for the direction and the managerial staff, the situation is opposite for qualified workmen and commercials. Through various investigations show that differences inside the same professional category according to sizes of companies, are in the industrial sector : 8% for basic technicians and 16% for managerial staff. The tertiary activities present a much greater homogeneity. In this sector SMEs “from 50 to 99 paid” have the best wages. Other remarkable fact: the proportion of paid to the SMIC strongly decreases with the increase in the size of the company. The following table gives the average amounts of the basic wages in SMEs by sector. Wages level (base 100 for the 4th trimester of 1998) SMIS(minimum hourly wage) All the workers 17 2002 2003 6,67€ 114 6,83€ 118 All the workers SHBO (hourly wage gross of the workers) SMBS (monthly wage of all the employed persons) In construction industry (except construction) In tertiary sector All the workers In industry (except gross construction) In construction In tertiary sector Workers New-workers Employees Intermsdiate profession Senior executive 114 118 115 114 115 107 120 117 118 110 107 110 109 106 107 nd 107 107 107 112 109 110 nd 110 109 109 Source: DARES (statistics service of the French labour ministry) Over the studied period, which is true for the economy as a whole, is also for SMEs. The employment in the primary and secondary sectors decreases, while the tertiary employment increases like the total employment. 2.4.2 Working Conditions in SMEs For big enterprises or SMEs the working conditions has improved since a half century. The approach the working conditions in SMEs will use 5 indicators: • use of new technologies, • flexibility, • absenteeism, • rate of personnel rotation and • work duration. 1. The most obvious indicator is the use of microprocessing. In this field, the SMEs are less equipped than the big companies. This difference can be explained by the distribution of the professional categories in the companies: there is less managerial staff in the SMEs than in the big companies. 2. Flexibility can be analyzed using rate of temporary employment (interim and contract with a determinated duration, called CDD). The proportion of companies using temporary employees grows with the size to reach 70% for the large companies against 10% for the small companies. The recourse to the CDD do not show big differences with size. A small company on two uses the CDD whereas the average and large companies are users with 80% . Try to find explanations to these constatations. 3. There is a real homogenisation concerning the absenteeism. If the small companies were protected from this phenomenon but since the beginning of the 90’s, the absentee rate increased in the small companies to stabilize itself at the same level as the large companies (approximately 6% in 1999). 4. The rate of rotation (“turn over”) of SMEs has been systematically higher than the large companies during the last 15 years. This rate in the tertiary sector is the double of the one in the industry. 18 5. Work duration: it is lightly different in large and small companies, and whatever the professional branches of industry. More often, the work duration is a shorter in large companies. In SMEs, the employees full-time work generally more than 40 hours per week and this figure tends to decrease, whereas the number of hours per week of the part-time workers is itself in increase. Number of worked hours per week in the SME Part-time employment Full-time-employment 1998 1999 2000 2001 2002 2003 22,9 41,0 22,9 40,9 23,1 40,2 23,3 39,6 23,1 38,9 23,4 40,7 Source : Eurostat 2.4.3 Advantages and Constraints of SMEs SMEs have a number of unique advantages : • • • • • • • SMEs provide jobs to poorly skilled and semi-skilled workers; Many SMEs provide jobs in rural areas where finding a job is more difficult than in urban areas; Productivity is often low in SMEs, which provides a high potential for improvement; SMEs are eager to have more information to improve productivity and working conditions; Improvements can be carried out quickly since most managers are both the owner and the manager of the enterprise; The relationship between workers and managers is closer, which favours cooperation; Managers often work in the factory and therefore understand technical problems and are able to take innovative, informal and flexible approaches to solving problems. Do these characteristics seem to you right ? Think about SME's you know. Many SMEs suffer from business and management constraints which create difficulties introducing improvements in working conditions and productivity. Some of these constraints include : • • • • • • • • Financial problems, since SMEs often have low investment capital and little access to loans; Difficulty obtaining high quality raw materials; Difficulty marketing products; Inadequate power supply and transportation systems; Poor quality of plant and equipment; Difficulty finding skilled workers; Lack of knowledge about management and occupational safety and health; Lack of technical support. 19 2.5 Summary 2.1 French economy 2.2 Productivity, Export and Innovation Capacity of SMEs 2.2.1 Productivity in SME's 2.2.2 Export-Import in SME's 2.2.3 Innovation capacity in SME's 2.2.4 Exercice 2.3 Distribution of SME's by sector 2.4 Employement, Working Conditions 2.4.1 Employment in SME's 2.4.2 Working conditions in SME's 2.4.3 Advantages and constraints of SME's 2.5 Summary 2.6 Key words 2.7 Questions 2.8 References 2.6. Key Words Productivity Export/Import Innovation Capacity SME's by sector Employement in SME’s Working Conditions in SME's Advantages of SME's Constraints of SME's 2.7. Questions Exercise 1 Exercise 2 Exercise 3 2.8. References 1. http://entreprises.insee.fr : Portail des entreprises de l’INSEE, toutes les statistiques économiques sur les entreprises, en France, par région. Français 2. http://www.pme.gouv.fr/economie/chiffreclefspme/index-d.htm : Les chiffres clés des PME, informations du ministère de l’économie sur les PME, par le gouvernement Français. Français 3. http://www.entreprises.minefi.gouv.fr/entreprises/theme2/creer.htm : Serveur du Ministère de l’Economie et des Finances, sur les entreprises. En Français, comporte des informations sur le cadre juridique, les formalités administratives, la fiscalité, la protection sociale, et des liens avec des partenaires. 4. http://www.entreprises.minefi.gouv.fr/v_english.htm : The purpose of MINEFI Serving Businesses (French economy and finance ministry) is to provide businesses with information, to simplify their relations with MINEFI and to support 20 their expansion projects. English. Online formalities, Local economic information available online and Links to partner site. 5. http://europa.eu.int/comm/enterprise/index_fr.htm : Site européen, des politiques en faveur des PME, en Français, tous les dispositifs européens en faveur des PME. 6. http://ec.europa.eu/enterprise/index_en.htm : Website in English, a guide to SME policy in Europe, in English, information about all European devices about SMEs. 7. http://ec.europa.eu/enterprise/enterprise_policy/charter/index_en.htm : The European Charter for Small Enterprises, only available in English language, information about the European priorities for SMEs. 8. http://ec.europa.eu/enterprise/networks/eic/eic.html : Euro info centres inform, advise, and assist businesses on Community issues. They also provide feedback to the European Commission about community matters affecting SMEs. English language. 21 3 Labour relation System In France labour relations are ruled by an ample body of regulations, ensuring the labour force legal guarantees within a complex social framework. In France, social benefits are particularly numerous (as in many other European countries) in a difficult economic environment (a persistent 10% unemployment average rate, privatisations, outsourcings...) Collective bargaining frequently leads to agreements, even though social relations are often tense (social conflicts, strikes....) Both employers and Unions expect the State to settle their conflicts and pass legislation. 3.1 Management of Workforce and Collective Bargaining 3.1.1 At the firm level : the Collective Convention Collective convention has vocation to deal with the totality of the collective relations between employers and employees (collective bargaining, all the conditions of employment and social guarantees). It supplements and adapts the provisions of the Fair labor standards act to the particular situations of a branch of industry. Collective convention is a written act concluded between : • • one or more trade-union organizations of employees representative, one or more organizations of employers or any other grouping of employers, or one or more employers individually taken. The collective convention of a sector is concluded between trade-union organizations representative for this sector (metallurgy, wholesale,...). It applies to the companies in the activity and having adhered to an employers’ organization signatory of the convention. The collective convention of company is concluded between the employer, taken individually, and one or more representative trade-union organizations of employees of the company. A collective convention generally contains a basic text, endorsements and agreements or appendices. After having defined the field of application, it deals with the majority of the subjects related to the professional life of paid workers such as : • • • • • • • • • • • • period of test (lasted, notice), work duration, partial time, night work , overtime / public holidays, paid-leaves, various premiums (seniority, transport, 13th month), exceptional allowances, not-competition clauses, military obligations, replacement, change, disease, accident, maternity, retirement (notice, allowances, …), resignation and dismissal (reasons, notice, allowances). 22 If it is necessary, it defines the methods of adaptation of the working time following the 35 hours application. Collective convention can still bring precise details on the methods and the operation of the representation bodies of paid workers in the company, such as trade union or work's council. 3.1.2 At the individual level : the contract of work There is now three type of contract of work : 1 - Contract at Unspecified Duration (CDI) 2 - Contract at Specified Duration (CDD) 3 - New recruitment contract (CNE) For all these contracts, the main problem is the dismissal conditions 1 - Contract at Unspecified Duration (CDI): If employment corresponds to a normal situation of the firm development, the employee must, in theory, be hired under an working contract with unspecified duration (CDI). Indeed it is the contract of common right. The Contract at unspecified duration cannot be broken by the employer : the dismissal must be justified, either for a personal reason, or for an economic reason. More often there is a period of test in the working contract. During this period it is possible to break the contract at any time without notice nor allowance. The duration of this period is in theory free (contrary to the CDD), except when applicable collective convention fix a duration maximum. 2 - Contract at Specified Duration (CDD): When recruitment is made for a temporary situation, it is possible to use a contract at specified duration (CDD). A great number of companies use this contract in order to evaluate the qualities of the employee or justify it by the fact that the period of test planned for a working contract at unspecified duration is not sufficient. This type of contract can only be used in precise cases enumerated by the Law, in particular when a precise and temporary task within the company is concerned (replacement of a person absent or temporary increase in the activity of the enterprise…). Moreover the use of the CDD is not without danger since the company will not be able to put a term at this contract before the contracted date. Thus, when the CDD is concluded for a 6 months period, the head manager, except serious or heavy fault or in some special cases, will not be able to put a term at this contract in an anticipated way. One exception yet : he can pay the totality of the wages which would normally have been paid. In the other hand, the employee cannot resign during the contracted period. The CDD can be renewed, but it is subject to strict conditions (art. L 122-1-2 of the Fair labor standards act) : concerning the duration (18 months maximum, renewal) and concerning the frequency : only one possible renewal. In all cases, when the maximum duration of the contract reaches its end, and when the activity of the company requires it, the head manager and the employee must conclude a contract at unspecified duration. 3 - The new recruitment contract (CNE) The new contract has been created in August 2005 for companies under 20 employees. This contract is a true contract of employment. The contractor has all the rights and guarantees which affect the quality of employee. 23 Concluded for one unspecified duration, this contract obeys however particular methods of rupture during the first two years after its signature. During this period, the contract can be broken on the initiative of the employer or the employee, without having to justify his decision. The device tries to set up a new balance in the working relationship, while associating, with a simplification of the dismissal procedures, new guarantees (returned of replacement, help to employment...) for the employee. Dismissal conditions SMEs employers consider that dismissal condition are complicated in France and dissuades recruitment of new employees. Reasons: a contract cannot be broken by the employer any time: the dismissal must be justified. Notice of dismissal: except in case of serious or heavy fault, the rupture of the contract intervenes one or two month after the notification of the dismissal, according to the seniority. A dismissal indemnity is due: its amount depends on the conditions of the collective agreement without being able to be lower than the legal amount. The legal amount is 1/10 of the wage for each year in the company (1/15 over 10 years) Can you imagine the reasons of this new contract of work § Why is it only for small entreprises ? 3.1.3 Social regulations (LRS) - Social dialogue (consent) The social dialogue in the French company (SME or large company) falls under a lawful and legislative context extremely abundant. In particular, the “effects of threshold” are determining. If we consider the whole of the Fair labor standards act, we find 25 thresholds of release of financial or social obligations for the companies between 10 and 300 paid. The threshold of 10 paid workers has a primarily financial impact (continuous vocational training, construction, transport, modes of payment of the social security contributions) and institutes the representation of the personnel by elected delegates. The threshold of 50 paid workers has a very strong social incidence for the institution of the trade-union section of company, of the committee of hygiene and safety (for the industrial plants), of the establishment or work's council and of the annual obligation to negotiate (Auroux laws). There are three essential levels of representations of the personnel: delegated of the personnel, work's council and trade-union section. • • The role of the delegates of the personnel is to take care of the application of existing legal, lawful and conventional in current operation (working conditions, conventions collectives…); The work's council manages social activities and ensures an economic surveillance mission 24 • The trade-union section ensures, as for it, the bond between the level local or national. It will be noted that actually, as the majority of SME have between 10 and 49 paid, only the delegate of the personnel is present in these structures. 3.2 Labour Inspection The labour inspector controls the application of the regulation of work, advises and informs the employers and the employees on their rights and obligations. He also tries to reconcile the parts, in particular at the time of collective conflicts. The labour inspector has very wide missions: he controls the application of the regulation of work in all his aspects, which it is about the contract of employment, of the duration of the work, hygiene and safety, of the correct operation of the institutions representative of the personnel. It also has a role of council near the employees, employers, who can call upon him for any information relating to the law the labour. In many situations, the employer must request from the labour inspector his authorization before acting. It is the case, for example, when it wishes to lay off a staff representative, a doctor of work, to obtain an exemption to increase the weekly duration of the work of the young people of less than 18 years, to make work the employees beyond the free quota of overtime. The labour inspector also controls the rules of procedure of the company. Once this one worked out, the employer sends to him. The inspector can require that an illicit or bearing clause reached with the rights of the people be withdrawn from it. The employee who estimates that a clause of the rules of procedure is illegal must seize the labour inspector. Clauses laying down absolute prohibition to whistle, sing or to have conversations external with the service, or to carry badges, types of hairstyle, were cancelled because they were contrary to the personal freedoms. The labour inspector does not regulate the litigations between the employer and the employee in connection with the application of the contract of employment. He can possibly intervene as a conciliator. But if the litigation persists, it is towards the “prud’hommes” that it will be necessary to be turned. To exert his missions, the labour inspector has various means of action. He can penetrate in the company and visit it, without informing the employer beforehand. He can carry out surveys and question the employees, ask for the communication of documents, take products, call upon external organizations approved to check the buildings and the materials. When it notes irregularities, the inspector has several possibilities to act. He can recall to the employer his legal obligations, for example as regards safety, and indicate to him that in the absence of setting in conformity he will establish an official report transmitted to the public prosecutor. This last can then decide to engage some penal continuations. In the event of dangerous situation for the employees, the labour inspector can approach the judge concerning the summary procedures to suspend the dangerous activity. 3.3 Consular organizations The consular organizations is a network of local, regional and national public establishments • • 155 metropolitan Chambers of Commerce and Industry (CCI) 20 Regional Chambers of Commerce and Industry (CRCI) 25 • • The Assembly of French Chambers of Commerce and Industry (ACFCI) and French Chambers of Commerce and Industry abroad (CCIFE) 3.3.1 Chambers of Commerce and Industry (CCI) Source : site of CCI (February 2006) : http://www.acfci.cci.fr/presentationCCI/index.htm Public establishments related to administration, the Chambers of Commerce and Industry (CCI) were instituted by the Law of April 9, 1898. 155 CCI, of very different sizes, are on the national territory. They are, near the public authorities, “the bodies of the commercial interests and industrialists of their district”. CCI acts mainly in its district but can, as a national public establishment, to only carry out or in partnership, of the actions apart from this limit. The network of the CCI comprises 5150 regular official members elected by the universal vote of the companies and 30000 collaborators divided on the whole of the territory, connected by Intranet. Each CCI are made up of: • • • members elected for 5 years, which train the General Assembly, associate members, designated by the General Assembly, taking part in the deliberations with advisory voice, technical advisers co-opted by the General Assembly. The total budget consolidated for 2003 of the network rises to 3.68 billion euros. It is obtained by: • • • • tax receipts (Additional Imposition with the Professional Tax - IATP), public contributions, loans, resources related to its own products and services. Among their activities, the CCI train each year 500000 students, apprentices, trainees, of the first levels of qualification at the higher schools of trade or engineers (540 establishments of formation). They administer: • • • • • • • 120 airports, 180 ports, 36 multimode platforms, 18 complexes road, 28 warehouses or parks with logistic vocation, 55 congresses hall and parks of exposures, 2 bridges (Normandy, Tancarville) They record more than 800000 formalities related to creation, resumption or transmission of company in their Centers of Formalities of Companies (either approximately 60% of the formalities carried out in France). 3.3.2 Regional Chambers of Commerce and Industry (CRCI) The 20 Regional Chambers of Commerce and Industry, heiresses of the economic areas created in 1938, were transformed into CRCI in 1964. 20 Regional Chambers gather the CCI of their area. Each CRCI exerts two main missions: 26 • • the representation of the regional interests of industry and the trade near the public authorities, the coordination of the means of the CCI of the district for the realization of actions of interest general. Fields of intervention for CCI and CRCI: to be represented and to put forward the interests of companies. The Law of April 9, 1898 stipulates that “the Chambers of Commerce and Industry represent the commercial and industrial interests of their district near the public authorities”. Two objectives: • • To take care of the taking into account of the interests of the companies and to take part in the development of the public policies, To facilitate the relationships of the companies with the administrations national and territorial The CCI formulate opinions and proposals on: • • • • • • • • • • • the development of the economic activities, the installation and the development of the territory, environment, transport, tourism, training and employment, town planning, commerce, international commerce, the setting in safety of the economic sites, international action. Their missions are exerted on 4 levels: European, national, regional, local, within authorities of dialogue. The CCI are also very present in the field of the commercial activities. 3.3.3 The Assembly of French Chambers of Commerce and Industry (ACFCI) The Assembly of French Chambers of Commerce and Industry (ACFCI) is the national public establishment responsible for the direction and amalgamation of the French Chambers of Commerce and Industry (CCI). The ACFCI groups together 155 local chambers, as well as the 20 regional chambers, and has two missions: • • representing 1,800,000 French companies. The ACFCI is the intermediary between all the CCIs and the French and European Public Authorities, international organisations and large public or private partners. Its task is to provide guidance, support and advice to the chambers within their spheres of activity and to ensure the synthesis of their proposals on the means of increasing the prosperity of industry, the trade and the services. It facilitates the sharing of skills and experience by means of an intranet network for the chambers of commerce and industry. Its organisation is a manifestation of its tasks of representation and support to the chamber network. The president of ACFCI is elected every 3 years by his or her peers. The actual President is: Jean-François BERNARDIN (re-elected in 2005) 27 The services of the ACFCI fall under the responsibility of a chief executive officer. The ACFCI, with 180 direct collaborators and several associate organisations, constitutes a large resource and advice centre for the entirety of the CCIs 3.3.4 French Chambers of Commerce and Industry Abroad (CCIFE) The French Chambers of Commerce and Industry Abroad are private associations which gather the French companies established abroad as well as local companies. 110 CCIFE are established in 75 countries. Their mission is to promote the image of France out of France. They offer a range of services to the companies: • • • • • • public relations, communication, information, observation of the market, commercial action, legal and tax assistance... The union of French Chambers of Commerce and Industry Abroad gather these Chambers. 3.3.5 Professional and trade chambers Source: The site of the permanent assembly of the professional chambers. http://www.apcm.com/default.htm Professional and trade chambers regroup more than 250 sectors. Created in 1925, professional and trade Chambers are public establishments administered by tradesmen elected by universal suffrage every five years. These are bodies which represent the general interests for tradesmen within public authorities. The Professional and trade Chamber ensures the representation of tradesmen in their political, economic and social environment. It collaborates with local authorities: communes, departments, countries and urban communities for projects involving tradesmen and local development. Regional professional and trade chamber Tradesmen are represented in each region by the Regional professional chamber (CRMA). The general assembly of each regional chamber is made up of the representatives of departmental professional and trade chambers. They coordinate the execution of the missions of the professional and trades chambers and ensure the consistency of action. They act as the contact point for regional institutions with regards vocational training and economic development for tradesmen and work for departmental Chambers on action concerning quality, the environment, export, and the arts, etc. The position of Tradesman and the titles of Maître artisan, Artisan d’art and Maître d’apprentissage confirmé To be entitled to the position of tradesman from registration on the Trade register, and to use this title, the holder must hold a diploma or similar certificate in the trade or a related trade, or be registered on the trade register for at least six years. The title of Maître d’apprentissage confirmé is issued by the professional and trade Chamber to reward teaching capacities and the ability/availability for the training of apprentices. The size of the enterprise At the time of creation, enterprises employ less than ten employees. But they can remain registered on the trade register beyond this size if the director is a "tradesman" and 28 holds a CAP as a minimum or has been registered for 6 years. This is the "droit de suite" introduced in 1997. Trades in Europe Trades and small enterprises are an essential part of the European economic landscape. These enterprises are represented by the UEAPME (European Association of Craft, Small and Medium-Sized Enterprises) in which the 25 member countries are represented by at least one organisation. Founded in 1979, this association represents 11 million European enterprises employing 50 million companies via its members. The mission of the UEAPME is to provide information on common policies, to promote collaboration between national organisations and to give the point of view of members within the European institutions: the Commission, the Directorates-general, including the DG “Enterprise” (Crafts and SME) and the European Parliament. 3.4 Summary 3.1 Management of Workforce and collective bargaining 3.1.1 At the firm level : the Collective Convention 3.1.2 At the individual level : the contract of work 3.1.3 Social regulations (LRS) - Social dialogue (consent) 3.2 Labour inspection 3.3 The chamber system 3.3.1. Chambers of Commerce and Industry (CCI) and Regional Chambers of Commerce and Industry (CRCI) 3.3.2. The Assembly of French Chambers of Commerce and Industry (ACFCI) 3.4 3.5 3.6 3.7 Summary Key words Questions References 3.5 Key Words Collective bargaining Collective Convention Contract of work Social regulations (LRS) Social dialogue (consent) Labour inspection Consular organizations Chambers of Commerce and Industry (CCI) 3.6 Questions Choose one of the questions below basing your answer on additional research (approximately one page). 1. What do you think of the CNE: advantages and drawbacks 2. Is labour inspection useful? And why? 3. How are working hours negotiated? 3.7 References 1. http://www.cgpme.fr : La Confédération générale des petites et moyennes entreprises et une organisation syndicale interprofessionnelle d’employeurs de 29 PME. Elle est reconnue comme partenaire social par les autorités. Ce site est en Français. Il comporte des informations économiques, sociales et internationales qui concernent les PME. 2. http://www.cgpme.fr/english_version.pdf : The General Confederation of Small and Medium sized Enterprises (CGPME), is an interprofessional, private, independent organisation for employers and is a recognised French social partner. Website in English 3. http://www.apcm.com/artisanat/default.htm : Les chambres des métiers, site en français 4. http://www.travail.gouv.fr/etudes-recherche-statistiques/statistiques/relations- professionnelles/85.html : Site du ministère du travail, informations et statistiques sur l’emploi, le chômage, les relations professionnelles, uniquement en Français. 5. http://vosdroits.service- public.fr/particuliers/N442.xhtml§&n=Emploi,%20travail&l=N5 : Les contrats de travail dans les entreprises – en français. Site qui présente les différents types de contrats de travail, congés, licenciements, démissions, retraites, conflits du travail. 6. http://www.acfci.cci.fr/presentationCCI/index.htm : Chambres de commerce et d’Industrie, site français 7. http://www.acfci.cci.fr/Site%20anglophone/index.htm : The Assembly of French Chambers of Commerce and Industry (ACFCI). In english 30 4 Legal System French legislation is particularly complex, compared to that of other European countries. It is based on the principles of Napoleon “civil code” (common law) and is regularly supplemented by new provisions. Legal texts are thus in constant evolution and the following information corresponds to year 2005. 4.1 Definition of SMEs The different possible statutes are : The one-man business (EI): The one-man business (EI), so called society in proper name, is the legal form most widespread (approximately 55% of the existing companies). This legal form concerns the physical people wishing to carry on a commercial activity without creating company. The advantages are that it makes it possible to quickly start an activity without having to constitute a minimum capital, it facilitates management (less formalism) and it authorizes the choice of a mode of simplified taxation (micro company, fixed price). The limited liability company (SARL): The limited liability company (SARL) concerns more than 20% of the companies. This legal form is appreciated by creators of company because it allows the crétion of a company with little capital, it preserves a family character at the company, it limits the responsibility for associated and it gives to the manager of the company the possibility of profiting from the mode of social protection from the employees. The limited company (SA): The limited company (SA) is spread and relates to only 5% of the companies. It has nevertheless some advantages: it makes it possible to call upon the capital of a great number of shareholders, it limits the responsibility for the shareholders, it authorizes the free transfer of the actions. However it is the shape of very heavy company to manage (obligation to name an auditor since the creation for example) The unipersonal company: The unipersonal company with limited responsibility (EURL) interests for its part 2% of the contractors. It is a legal form derived from the limited liability company whose rules of operation were adapted to the presence of a single associate. Others: Other forms exist (partnership (SNC), joint stock company simplified, limited liability partnership or action), but it concerns less than 1% of the companies. Essential differences between these statutes Related to the components of the company: S.A. Two possible plans : CEO, board of directors and et general meetings of shareholders President of the executive board, executive board, S.A.S. S.A.S.U. President S.A.R.L. The one-man E.U.R.L. business (EI) Business manager, The one-man business takes all the decisions alone Assembly Business partner meeting The statutes could allow others components (board of directors, supervisory board, committee of 31 supervisory board, and wages, consultative general meetings of committee, etc…). shareholders. Related to the company manager dismissal: S.A.S. S.A.R.L. The one-man business S.A.S.U. E.U.R.L. (EI) The business The President and the Freedom statutory : manager removable member of the board the statutes can of directors are envisage a revocation for justes motifs removable ad nutum ad nutum or for justes motifs (with or without The general director is allowances) removable for justes motifs (except if he is CEO) S.A. Related to the company manager qualities: S.A.S. S.A.R.L. The one-man S.A.S.U. E.U.R.L. business (EI) The President and the The President could be The business members of the board a legal entity or a manager is a natural person, shareholder director must be natural person The or not shareholders President could be shareholder or not S.A. Related to the company manager social regimes: S.A. The President is assimilated to an employee S.A.S. S.A.R.L. The one-man business S.A.S.U. E.U.R.L. (EI) The President, natural The non-associated Self-employed person person, is compared business manager or to an employee the minority business manager are assimilated to employees The majority business manager is considered as a selfemployed person Related to the company manager taxation and wages: S.A.S. S.A.R.L. The one-man business S.A.S.U. E.U.R.L. (EI) President: assimilated President: assimilated The business Income tax of the to an employee manager is to an employee contractor (BIC or assimilated to an Members of the board BNC) employee (except in of directors: tokens a EURL which did Members of the not choose the executive board: their corporation tax) remuneration is decided by the S.A. 32 supervisory board Members of the supervisory board : tokens Related to the government auditors: S.A.S. S.A.R.L. S.A.S.U. E.U.R.L. Obligation to have an Obligation to have an No Auditor, except Auditor Auditor exceptions S.A. The one-man business (EI) No Auditor Related to the statutes advantages: S.A. Possibility to call up private investors - Good credibility with the banks - The working of SA is known by a great number - Facility for the transfer of the actions - It is easy to insert of others partners in the capital S.A.S. S.A.R.L. S.A.S.U. E.U.R.L. Very great flexibility Simplicity of working - The working of - Made to measure is SARL is known by a possible in the great number distribution of the - Low capital to be benefit, the votes and released with the capacities creation - Facility for the - Contributions in transfer of the industry authorized actions - Modern image - It is easy to insert of others partners in the capital The one-man business (EI) No cost of working - The personnel and professional inheritances are confused - Administrative and tax formalities limited for the small one-man businesses Related to the statutes disadvantages: S.A. - Important fixed costs of working - Could be difficult to manage It is necessary to have at least seven shareholders S.A.S. S.A.S.U. - Important fixed costs of working - Require a very meticulous drafting of the statutes realized with the assistance of a professional - Prohibition to place itself on the stock market S.A.R.L. E.U.R.L. - Limited in a number of associated - Credibility lower than SA with the banks - Prohibition to place itself on the stock market 33 The one-man business (EI) - The individual contractor is responsible for the debts of the company on the totality of his personal inheritance - The personnel and professional inheritances are confused - It is more difficult and more expensive to yield an one-man business than a company - From a certain level of benefit or turnover, it is preferable to create a company 4.2 Establishment / Foundation of the Company (see also on http://www.apce.com/ in french) To build a project of creation of company and to increase its chances of success, it is recommended to act with method by respecting chronological stages. After having the idea for the creation of the enterprise, you need to check the good adequacy between the personal project and the requirements related to the exploitation of this idea. The idea will be transformed thus gradually into project, then in company if a serious market research confirms that it is likely to interest sufficient customers. A good analysis of the customers concerned makes it possible to check the feasibility of the project and to determine the estimated turnover of the future firm. The development of financial forecasts – or budgetary accounts – is essential to be ensured of the profitability of the project of creation and to avoid sailing at sight. To write these accounts and to integrate them in a plan of businesses facilitate the search for financing, obtaining assistances and the future management of the firm. The choice of a legal statute is necessary to make it possible the company to carry on its activity in all legality. It determines the formalities of registration to carry out to give life to the company. The installation of the company and the starting of the activity constitute the last stages of the creation of the company. Of course, an excellent knowledge of the trade, branch of industry, and tax, countable and social obligations of the new company are key factors as well as possible to live the first months of activity and to give a maximum of chances of success. The idea : that it is born from the experiment, know-how, the creativity or a simple combination of circumstance, the idea often takes the form of an intuition or a desire which deepens and matures with time. There are not good ideas in oneself, but only ideas which can opportunely be developed by the people who conceived them and others which will remain simple inclinations. The appreciation of the cogency of an idea is thus inseparable from the personal project from that or that which expresses it. There is a large variety of forms of ideas: the newer the idea is, the more it will be necessary to wonder about the capacity of the future customers to accept it; the more banal it is, the more it will be appropriate to wonder about its real utility compared to the already existing offer on the market. At this stage, the first thing to be made consists to define in a very precise way its idea and, if it presents a character of innovation, to take a certain number of precautions so as to be able to prove that one is well at the origin of this idea. The personal project : This second stage must make it possible to check the realism of the project, i.e. coherence between: - its personality, its motivations, its objectives, its know-how, its resources and its constraints personal. - and specific constraints linked to the product, the market, the means which it is necessary to set up, which must prove to be controllable. For that, it is necessary to collect documentation, opinions and councils, to analyze the constraints and to define the broad outline of its project. At the end of this first approach, if incompatibilities appear between the requirements of the project andits personal situation, a certain number of correct The market research : It is an essential element of the preparation of the project because without customers, there is no possibility of firm! Indeed a "great idea" can become a bad project, due to a lack of customers. On the other hand a "ordinary idea", implementing in a certain context, can be very lucrative. The realization of a market research allows: - to define with precision which will be its customers, - to position oneself in relation to competition , - and thus to adapt its product or its service according to the elements collected. In addition, the analysis of the customers ' expectations, combined with the analysis of 34 competition allows: - to define an acceptable level of price its future customers, - to determine and quantify the first commercial actions which will be necessary to capture its customers, - to estimate the first turnover. The financial forecasts : This stage consists in translating, in financial terms, all the elements and checking the viability of the project. The establishment of the budgetary accounts makes it possible to answer three essential questions: - Which are the necessary capital to launch the project then to make viable the company? - Is the estimated activity of the company likely to provide a sufficient amount of receipts to cover the loads pulled by the implemented human, material and financial means? - Will the receipts registered by the company throughout the year enable him to permanently face with the expenditure of the same period? This step leads to the construction of a coherent and viable project, each option taken finding its translation financial and its effect on financial balances. If imbalance is too important, the project must be modified and its financial structure adapted consequently. To find financings : The correct financing of a project is one of the conditions of success of the project. It is advisable to have a sufficient capital so that all the durable needs for the company are financed completely by financial resources adapted to the duration for these needs. After having carried out the census of these needs and financial resources available, it will be necessary to seek one or more solutions for the missing capital. The support of an organization having a perfect knowledge of the tools of existing financings - personal loans, loan to the company, capital risk, current accounts of associates, leasing, etc - is essential to it stage Assistance and help : There is a certain number of help to the creation of company which it is advisable to know. These assistances, distributed by the State or the local authorities are generally granted to support: - the establishment of firms in priority territories as regards regional planning, - the professional rehabilitation of people in difficulties, - the realization of investments and creation of jobs. They are of financial nature (refundable subsidies, advances, guaranteed of loans, tax (exemption of tax, tax reductions and tax allowance…) or social (exemption of social contributions). To get information sufficiently early about these devices makes it possible to be able to deposit requests within the time limits. Be careful however, obtaining a help should not be likely to condition the launching of the company. To choose a statute : Whatever the importance and the nature of the considered activity , the choice of a legal structure adapted to the project must be carried out: oneman business or firm ? The legal structure corresponds to the legal framework in which the activity will be carried on. This choice must be studied thoroughly, with the assistance of a professional, because it involves a certain number of consequences on the statute, as well at the patrimonial level as social and tax. It can also engage the future of the company. It is recommended not to leave with a preconceived idea, but to lean on the various statutes in order to analyze of them the advantages and the disadvantages compared to the project and its personal situation. Formalities of creation : After having completed the development of the project on the commercial, financial and legal level, the formalities imposed by the nature of the activity and/or the selected legal structure could be implement. The firm can then obtain a legal existence by the deposit of a request for registration at the Center of formalities of companies (CFE). It is also the moment to carry out the financial procedures i.e. to open 35 a bank account and to secure a possible loan by presenting to the banker the plan of businesses. To install the company : At this stage, the mean objective must be to concretize the contacts made with the customers in order to: - to obtain as soon as possible its first orders, - to organize consequently its production equipment. It is also essential to observe a some principles of management and to install tools, called "indicators", which will allow to control the development of the company and thus to avoid or correct "slippage". The first months of activity : Lastly, each manager of firm is brought to take a certain number of decisions related to tax, accountancy and social. To avoid having surprise, to be able to discuss with the concerned administrations and to proceed to the formalities which are essential, it is important to understand the basic principles which govern the taxation and the management of the firms. 4.3 Termination of the Company The objectives of the right of rectification and the bankruptcy of the companies are expressly affirmed by the texts : • • • to save the company, to maintain the activity and employment, and to audit the liability (Code of the trade, art. L 620-1, subparagraph 1st). To save the company, a plan of rectification must be determined, which results either in the continuation of the company, or by its transfer. To reach one of these results, the legislator implement some derogatory rules at the common right. The procedure begins with an observation period during which an economic and social assessment and/or a project of plan of rectification are drawn up. During this period, the rights of the former creditors are freezed : the payment of their credits is prohibited, their rights of continuation and of execution are suspended. Moreover, they can be consulted on the exit of the procedure but their opinion does not bind the court which is the only judge of the decision regarding the terms of payment. The working contracts are maintained, even if dismissals remain possible but under strictly limited conditions. Nevertheless nine times out of ten the procedure ends with the bankruptcy, and this one is very often immediately announced because the activity of the company have already come to an end (even if the judgement stay open), or the chances of rectification seems to be non-existent. The company is then liquidated and generally the money generated by this liquidation and distributed between the creditors only cover a small part of their credits. 36 Figure 1 - Synoptic diagram of the procedure Source: http://sos-net.eu.org 4.4 Summary 4.1 4.2 4.3 4.4 4.5 4.6 4.7 Definition of SME's Establishment / foundation of the company Termination of the company Summary Key words Questions References 4.5 Key Words Definition of SME's Establishment / foundation of the company Termination of the company 4.6 Questions 1. Which are the principal differences between SA and a limited liability company? 2. Which are the principal differences between SA and a unipersonal company? 4.7 References 1. http://www.apce.com/index.php : L'Agence Pour la Création d'Entreprises (APCE), en français, site d’information sur les PME en France. 2. http://www.apce.com/index.php§type_page=IL&pays=1&rubrique_id=300000111 : French Business start-up agency, English language, this site offers information about SMEs in France. 3. http://www.oecd.org/h : Organisation de coopération et de développement économiques, site d’informations économiques, dont plusieurs rapports sur les PME, Français. 4. http://www.oecd.org : Organisation for Economic Co-operation and Development, economic information including rapports about SMEs, English language. 37 5. http://www.apce.com/index.php§rubrique_id=116&tpl_id=106&type_page=I&typ e_projet=1¶m=0 : Statuts juridiques des PME en France, présentation simplifiée de l’apce, en Français. 6. http://www.apce.com/index.php§rubrique_id=3000001122&type_page=IL&pays= 1 : Legal structures in France, in English, short presentation of procedures in France. English language 38 5 Financial Environment This chapter introduces the major financial principles ruling SMEs operations in France. It is not meant to be a course on corporate finance. Its goal is rather to show the various tax bases applied to companies according to their legal status. In this respect two particular aspects are developed: corporate profit taxation and social contributions. 5.1 Taxation The tax system takes into account the estimated turnover and the type of activity. It will make it possible to determine the mode of calculation of the taxable profit, the frequency of the tax declarations and the payment of the tax. During the existence of the company, it is still possible to change the taxation mode. However, it remains impossible to change a real regime for a micro-firm regime. 5.1.1 The different type of tax regimes The different type of tax regimes are : • • • • Micro-firm: this regime is exclusively aimed at the very small companies with an annual turnover not exceeding 76 300 Euros for the sales volumes of goods and 27 000 Euros for the activities of provisions of services and the liberal professions. The choice of this regime exempts the declaration and payment of the VAT which can neither be invoiced, nor deduced. An obligatory mention must be applied to the invoices and the notes of fees : “no applicable VAT, article 293 B of the CGI”. The taxable profit is evaluated in a contractual way by application of a rate of abatement on the turnover : 72% for the sale of goods, 52% for the provisions of services, 37% for the liberal professions. The microfirm regime includes some reductions of tax and countable formalities. The behaviour of the registers is reduced to the only behaviour of the day book of the receipts and the register of the purchases (for the sale of goods). Even if they respect the limits of turnover, certain legal structures cannot claim the micro-firm regime. Particularly the companies subject to the society taxation (IS), the companies of people subject to the income taxation (IR) and all the normally companies indebted to the VAT. Simplified real regime: The simplified mode relates to the industrial, commercial and craft companies whose annual turnover lies between: 76 300 € HT and 760 000 € HT for the sales volumes of goods, 27 000 € HT and 230 000 € HT for the activities of provisions of services. As for the regime of controlled declaration, the taxation on the benefit is given on the real result. The carry forward and the deduction of the deficit on the following exercise are possible. The activity is subjugated with the VAT. The declaration of VAT is annual and the payment is due each quarter (payment on account). Real regime: The real regime must obligatorily be adopted by the industrial, commercial and craft companies with annual turnover iover: 760 000 € HT for the sales volumes of goods, 230 000 € HT for the activities of provisions of services. The constraints of this regime are heavier because the companies are obliged to hold an accountancy respecting the countable plan and to publish its annual statements. The VAT must be declared and paid each month. Controlled declaration: The regime of controlled declaration relates to the liberal professions excluded from the field of the micro-firm, i.e. with annual turnover over 27 000 €. With this regime, the taxation on the benefit is given on the real 39 result. The carry forward and the deduction of the deficit on the following exercise are possible. The activity is subjugated with the VAT. The declaration of VAT is annual and the payment is due each quarter (payment on account). 5.1.2 Imposition of the benefit according to the legal statute of the company The imposition of the benefit depends on the legal statute of the company: a company is generally subject to the corporation tax, independent always are subject to income tax. However, in some cases, a company can choose to be also imposed on the income. It is the case for example of the EURL, the SNC or SARL of family. • • Imposition on the companies (IS): After account closure of the exercise, the current result before taxes must be declared to the tax services. In all cases, even if the result is negative, companies will have to discharge IFA (Annual Contractual Imposition). This tax is given according to the section in which the turnover including all taxes is located. It constitutes a recoverable advance on the IS of the year and the two following exercises. If the result of the exercise is negative, the company can carryforward the deficit and reduce the result of the following exercise. In the absence of a sufficient result, it could be renewed until the fifth year after the overdrawn exercise. If this result is positive, this benefit will be imposed as of the honest first. The imposition is currently calculated on the basis of 33% on the result. However, in order to help the SME, the Finance law for 2001 set up a device of reduction of the imposition on the companies. This device applies to the companies with turnover lower than 7,6 Million € and with capital hold by physical people for 75% at least, in a direct or indirect way. For these companies, the taxable profit will be taxed with : 25% within the limit of 38 100 € per 12 months period, for the open exercises in 2001, 15% within the limit of 38 100 € per 12 months period, for the open exercises in 2002. Imposition on the incomes (IR): The benefit resulting from the professional activity or company are determined by professional results declaration This benefit will be translated to the personal income tax declaration, proportionnally to the rights hold in the company or entirely for the independent ones or EURL. If the activity is commercial or industrial, this income is declared in BIC (industrial and commercial benefit); and in the contrary case, the income is declared in BNC (non commercial benefit). This income will be added to the other incomes of the tax hearth and taxation will be calculated according to the progressive scale of common right of income tax by taking into account the tax shares, the deductions and abatements the hearth can claim. 5.2 Social Security All data are available for the year 2005 Social security cover all the population in France. Social security contributions are calculated in two parts: the employer part and the employee part. The two parts are collected by the firm and the employer part deducted directly from salary. Contributions are payed to the URSAFF quarterly for a very small firm (under 10 employees), monthly for a medium or a big firm. Total contributions are over 65% percent of gross salary, so an employee pays about 40 20% of his/her salary, and the employer 45%. The self-employed pay the contributions themselves. Created in 1945, the social security system follows now three principles: - All French residents have social rights including health, housing assistance, minimum income, … -The calculation of national social insurances depends on a ceiling amount (2516 € for 2005). This means that some contributions are generally only calculated up to a maximum amount (national pensions, …) - A part of contributions depend of the law, other depend on the collective convention of the sector (concluded between trade-union organizations representative and employers) but concern almost all employees and their family’s (complementary health insurance, ) French social security system can be divided into 7 parts (2005): 1. Pensions : • national pension insurance: compulsory insurance by distribution. There is a minimum pension, for old people. • complementary pension insurance: compulsory insurance by distribution. Contributions are calculated on the ceiling amount for a part and exceeding earnings for a part. • additional pension insurance: not compulsory insurance by capitalization, usually for top management, Pensions (main compulsory insurances) Percent of Employer Employee Total National (CNAV) under ceiling amount 8.20% 6.55% 14.75% gross salary 1.60% 0.10% 1.70% 4.50% 3.00% 7.50% complementary pension ARRCO under ceiling amount AGIRC over ceiling 12.50% 7.50% 20% amount + Others 1.5% to 2% 1% to 1.2% 2.5% to 3.2% Additional Not compulsory 0% 0% 0% 2. Health : • national health insurance, compulsory and covers all French residents. Generally patient pays and gets back 70 % to 100 % of the amount from the social security. • complementary health insurance, complete the national health insurance and covers more than 90% of French people. This insurance is individual, but it is usually taken out by the company. The firm funds, between 25% and 50%. For poor people, this insurance is free: universal medical cover (CMU) National (CNAM) Percent of gross salary Employer 12.80% Employee 0.75% Total 13.55% 3. family allowances : (CNAF): France has a pro-birth policy. Enterprises pay 5.4% of gross salary for the national family allowance. They also contribute to the housing assistance (0.10% under ceiling amount for companies until 9 employees, 0.50% of gross salary for companies over 9 salaries) 41 4. unemployment insurance, for all employees UNEDIC Percent of gross salary Employer 4.45% Employee 2.40% Total 6.85% 5. care insurance , for employees earning more than the ceiling amount: employer pays 1.50% up to the ceiling amount. 6. companies' accident insurance , depends of the activity of the company. Employers pay usually between 1% and 6% of salary. 7. others (transportation, building taxes, general social taxes (CSG and CRDS), vocational learning,…); employers 5% and employees 8% of gross salary. 5.4 Summary 5.1 Taxation 5.1.1 The different type of tax regimes 5.1.2 Imposition of the benefit according to the legal statute of the company 5.2 Social security 5.3 Accounting and auditing 5.3.1 The origins of accountancy 5.3.2 The 3 functions of the accountancy 5.3.3 The balance sheet and the income statement 5.3.4 Accounting principle 5.3.5 The supplier credit: the bill of exchanges 5.4.6 Audit and management control 5.4 Summary 5.5 Key words 5.6 Questions 5.7 References 5.5 Key Words Taxation Tax regimes Imposition of the benefit Social security Accounting Auditing Balance sheet Income statement The supplier credit The bill of exchanges The management control 5.6 Questions A company employs 10 workers, 2 secretaries, 2 technicians, 3 salespersons and one engineer. Given that a worker salary is 1300 € per month in France (nominal) For a secretary (€ 1500) , A technician (€ 2000) , A salespersons (€ 3800) , and one engineer (€ 4000) , 42 1. What are the total labour costs for this company§ You must include the social security (employer part ) 2. What are the net wages of each category§ (don’t forget the employee part of social security) The solution Workers secretaries technicians salespersons engineer Number 10 2 2 3 1 Salary 1300 1500 2000 3800 4000 13000 3000 4000 11400 4000 35400 Sum of nominal wages = 35 400 € Total labour costs = 35 400 X 1,45 = 51330 € Net wages of each category: Net wages = nominal minus 20 % Workers secretaries technicians Sales persons engineer 1040 1200 1600 3040 3200 5.7 References 1. http://www.apce.com/index.php§rubrique_id=3000001124&type_page=IL&pays= 1 : French tax system for SMEs, in English, Tax system for each legal structure of SME. 2. http://www.apce.com/index.php§rubrique_id=3000001125&type_page=IL&pays= 1 : Social security in France, English, Information on the global social security system for SMEs in France. 3. http://www.apce.com/index.php : Site de l’Agence Pour la Création d’Entreprises, informations et exemples sur le système fiscal et les cotisations sociales , en Français. 43 6 Knowledge Since the law of July 16, 1971, the participation of the employers in the financing of the continuous vocational training became obligatory. The two sides of industry and the State set up various devices: the individual leave of formation, conventions of conversion and trainings in alternation (contract of orientation, contract of qualification and contract of adaptation), etc1. However these devices showed some dysfunctions: • • • An unequal access to the continuous training, according to the size of the company, the training level of the person or her professional situation. The continuous training is in France a very occasional means to acquire a qualification in an alternative way to the initial formation. The education system is partitioned, not easy to understand and complex. So this education system wasn’t able, in 2004, to answer to the stakes of the formation throughout the life, nor to the development of the professional mobility and the transparency of the qualifications which rise in particular from the opening of the European borders and to the implementation of the coordinated strategies for employment and the education systems. The wish to create a European area of formation throughout the life2 found its translation in France by law relating to the vocational training throughout the life and the social dialogue, promulgated on May 4 2004. 6.1 Education training system The law relating to the Life-Long Learning vocational training and the social dialogue, (May 4 2004) created two new devices of access to the formation for the employees: 1 Devices of continuous vocational training set up by the two sides of industry and the State: A/ Initiative of the employer The plan of formation of the company gathers the whole of the training activities for which the employer assumes the responsibility. The employee in formation is on professional mission; he is remunerated by the company. We can note that: • • The time capital of formation makes possible to the employees to profit from formations envisaged in the plan of formation of the company. The co-investment formation defines the development conditions of qualifying formation proceeding partly except working time. B/ Initiative of the paid worker All the employees have right to follow, during their working time, a formation of their choice within the framework of an individual leave of formation (CIF). A leave of assessment of competences makes it possible to the employees to analyze their personal and professional competences in order to define a professional project or of formation. C/ Trainings in alternation They are the contract of orientation, contract of qualification and contract of adaptation 2 Resolution of the Governments in Seville (2002) as well as the “framework of actions for the development of competences and the qualifications throughout the life”, voted by the two sides of industry. 44 • • The individual right to formation (DIF) of 20 hours per annum which can be held simultaneously over 6 years. This new right is implementing on the initiative of the employee, with the agreement of the employer on the choice of the formation. The installation of one professionnalization period through a training in alternation. In addition, the agreement amalgamates the various contracts of training in alternation (contract of orientation, contract of adaptation, contract of qualification) in a single tool, the contract of professionnalisation, opened with all, young seeking to form part of the active life and adult applicants for work. The device of the individual leave of formation is maintained with increased means. 6.1.1 Actors of the vocational training The continuous vocational training is financed mainly by the State, the Regions, and the companies. Cofinancings are encouraged. • • • Regions have a general competence related to continuous vocational training. They are also responsible for the continuous vocational training intended for the young people from 16 to 25 years. The role of the Regions is reinforced by the law of 2004. The State intervenes near the public more in difficulty, the professional branches and the companies. The financing by the companies is based on a legal obligation to take part in the financing of the formation. 6.1.2 The mechanism of the vocational training The law of May 4, 2004 defines the individual right to formation (DIF). This agreement includes in particular: • • The generalization of professional maintenance, every 2 years, for the employees having at least 2 years of seniority. This maintenance must make it possible to the employee to take an active part in his professional evolution. The access of right to the assessment of competences and the VAE for all the experienced employees. 45 • • The creation of the passport of formation intended to recall the assets of each employee, with his initiative to support its internal or external mobility with the company. The creation of observatories of the trades and the qualifications in all the professional branches, to contribute to the knowledge of the evolution of the trades, the anticipation of the needs for formation and the implementation of adapted policies of formation. On the level of the branch The professional branch formulates the priorities which must be required in the DIF as well as the objectives of professionnalization of the actions suggested to the employees. It can be based on a reinforced fungibility of the mutualized funds and on the data of the observatory of the trades and the qualifications. On the level of the company The definition of the different kind of actions taking part of the formation plan is based on the consultation of the work's council. In addition, the financial commitments of the company are increased. Thus for the companies of more than 10 paid workers, the participation in the development of the continuous training of 1.5 % of the wage bill will be raised in 1.6 %, and for the companies of less than 10 paid workers, of 0.25 % to 0.55%. This effort relates to the mutualized part of the expenditure. On the level of the individual and the employer The conditions of development of the formation proceed of a negotiation between the employer and the employee. Under some conditions, the actions of the formation plan, DIF and periods of professionnalization can proceed apart from the working time. When the formation proceeds apart from the working time, it gives place to the payment of an formation allowance and the written formalization of the employer engagements on the taking into account of the assets of formation. The engagement of the state The bill takes as a starting point the retained disposals by the two sides of industry within the framework of the collective bargaining. However, it brings significant complements there: • • • • • The assertion of a right to the differed qualifying formation; The support brought to the development of the formation apart from the working time (exemption of the allowance formation to the social security contributions); The support for the contracts of professionnalization by the exemption of the social contributions during these contracts, for the young people of less than 26 years and the adults of more than 45 years; Assistance with the replacement of the paid worker in formation to facilitate the development of the formation in small and medium-sized firms; The simplification of the system of equalization to reinforce the effectiveness of the mutualized funds. 6.2 Skills and competencies The access to vocational training, depends on the size of the company - Companies of less than 10 paid workers - Small and medium-sized firms 46 6.2.1 Companies of less than 10 paid workers 27% of the employees work in companies of less than 10 paid workers, however the expenditure of continuous vocational training represent only 3% of the total (year 2000). Only 9% of these employees have access each year to the vocational training, whereas the average is 36%. The employees of the companies of less than 10 less often have three times access to the vocational training, but each trainee profits from the same number of hours of training course (8.21% of trainees profit from 7.64% of the hours). Companies Less than ten employees % du total Companies Employees Expenditure (en M€) Number of trainees Hours of training (millions hours) 1 092 722 3 665 557 226 329 773 12.4 91% 27% 3% 8,21% 7.64% More than ten 106 10 066 7 3 688 712 395 201 912 150 Total 1 199 434 13 731 952 7 427 4 018 685 162 Source : MES/DARES 6.2.2 Small and medium-sized firms The proportion of trainees in the firms increases with the size of the firm. The rate passes from 9% for the very small companies to 30% for the average companies (50 to 249 paid workers) and exceeds 50% for large and very big companies. The access to the vocational training seems differentiated according to the sex: the number of women among the trainees is weak in the small companies then increases directly with the size of the company3 Companies 10 à 19 20 à 49 Trainees / employees 9.7% 15.4% 30.0% 11.5% 16.3% 27.4% Women among trainees 50 à 249 250 à 499 500 à 2000 > 2000 40.6% 50.0% 54.2% 36.2% 44.1% 47.1% The differences according to socio-professional categories are very marked. The variations are more important according to socio-professional categories in the small companies than in the big ones. Thus the not-qualified workmen in the companies from 10 to 19 paid workers have often access less than 5 times to the formation than the engineers, whereas the ratio is 1 to 3 for the big firms. Access to training by size of the companie Companies 10 à 19 20 à 49 50 à 249 250 à 499 500 à 2000 3 > 2000 This remark must however be moderate because the comparison should also relate to the number of women paid according to the size of the company. 47 Not-qualified workers 3.1% 6.2% 11.4% 16.3% 23.0% 24.5% Qualified workers 6.9% 11.8% 23.9% 31.5% 36.3% 40.6% Clerks 9.0% 14.2% 24.8% 34.8% 42.6% 44.8% Technicians 20.5% 22.0% 41.8% 53.1% 60.9% 68.1% Engineers 15.6% 25.6% 42.4% 55.9% 65.0% 67.1% 6.2.3 The use of e-learning France recently took some measure (at the time of the interdepartmental Council on the company of the information (CISI) of July 10 2003) in adequacy with the decisions of the conference of the European Ministers in Athens in November 2003 so as to fill its delay. Currently the use of the e-learning remains limited in the whole of the system of French formation, in particular for the continuous vocational training in small and medium-sized firms. 6.3 Resources for training France devotes each year (since the beginning of 2000) approximately 22 billions of euros (B€) to the continuous vocational training and the training, representing 1.55 % of its GDP. This investment4 is distributed between: • • • the employers, public and private, (12.9B€), including 3.4B€ for the State as an employer. Companies of more than 10 paid workers, the participation in the development of the continuous training of 1.6 % of the wage bill, and for the companies of less than 10 paid workers 0.55%. the State (4.8B€) and the Regions (2.1B€) for the formation of public for which they have the responsibility, 1.6B€ for the other administrations and UNEDIC (unemployment insurance), the remainder is dealt with by the households themselves. The provisions adopted into 2004 express a marked political good-will to make it possible from now on French to reach Life-Long Learning. The methods of applications, under development, will give contents and a concrete form to the individual right to the formation defined in the law. However, so that the right to Life-Long Learning becomes a reality for the employees of SME, the actors of the vocational training (State, Regions, companies, the two sides of industry) will have to ensure a constant follow-up accompanied by necessary inciting measurements. 6.4 Summary 6.1 Introduction 6.2 Education training system 6.2.1 Actors of the vocational training 6.2.2.The mechanism of the vocational training 6.3 Skills and competencies 6.3.1 Companies of less than 10 paid workers 4 Source > inffo flash - Numéro spécial chiffres – mai 2003 48 6.3.2 Small and medium-sized firms 6.3.3 The use of e-learning 6.4 6.5 6.6 6.7 6.8 Ressources for training Summary Key words Questions References 6.5 Key words Education training system Actors of the vocational training The mechanism of the vocational training Skills and competencies 6.6 Questions SME of 35 people takes part in the vocational training of its employees. 1. Which is the minimum amount of its financing (in % of the wages)? 2. Which are the possibilities of formation offered to paid workers? 3. After three years without vocational training, an employee asks for one month of training. What do you think about it? 6.7 References 1. http://www.centre-inffo.fr : Ce portail propose aux usagers et professionnels une approche synthétique sur les dispositifs de la formation permanente en France Langue : Français. Contenu : ensemble des informations pratiques sur les dispositifs de formation. 2. http://www.centreinffo.fr/sommaire_uk.php3 : This site in English offers analysts and practitioners a quick and synthetic approach to the French vocational training system. Language English. 49 7 Lessons from the Case Studies In this part, four particular companies from different sectors will be studied: Arthur & Marie: French games and toys Sector Ragni SA: French manufacture of lightning apparatuses sector Lassalle SA: Road transport of goods Effisoft: French software sector (sub-sector of ICT) Dima Tours: French tourism sector Each enterprise will be studied in five dimensions : 1. 2. 3. 4. 5. Location of the sector selected in the national and regional economies Main characteristics of the firm investigated Activity and markets of the firm Work organisation and management Knowledge use and development practice 7.1 Arthur & Marie: French games and toys Sector 7.1.1. Location of the sector selected in the national, regional economies The toy industry is characterized by a great diversity of manufactured products. The traditional toys with cultural and teaching properties dominate the French production. These products intend to contribute to the development and the blooming of the child. This sector is much diversified because the toys can be made in plastic, metal, wood, cuddly, carton… With a manpower approximately amouting 5 500 employees, this sector represents a turnover a little more than 700 millions euros. The companies of less than 20 employees are numerous and approximately generate a turnover of 80 millions euros. The performances of these companies are caracterised by their efforts to export, 33% of the sales are devoted to the external markets. This rate has been in constant progression over the three last years. Moreover, their rate of investments is relatively high (14.6% against 9.2% for the whole of the consumer goods). Each year, the sector renews 25 to 30% of their collection and makes large efforts of creativity, which imply an adaptation of their production equipment. Half of the manpower is located in Franche-Comté and the Rhône-Alpes. France is the second market of Europe for the traditional toy (20% approximately of the total value), behind the United Kingdom, and right in front of Germany. The total production (games and child care) represents 1,242 billion euros (factory value net of tax). Germany, Italy and France are the European leaders of this production. The sector is composed of 120 one-man businesses, of which 20% have a turnover over 7.5 millions euros. 50 Number of firm by turnover for 2002 Source : INSEE The 10 larger companies on the market are: Berchet SA, Charton SA, Clairbois SA, Corolle, Société Nouvelle Majorette, Méccano, Monneret, Nounours SA, Editions Ravenburger and Smoby SA. The sector is very strongly caracterised by the saisonnality since 60% of the sales are carried out for Christmas. Exports of toys represent 671 millions euros (video included) with a progression of 16% and 527millions euros (except video) with a progression of 18% on the 5 last years. The imports of toys represent 1,973 billion euros (video included) with a progression of 1% and 1.502 billion euros (except video) with a reduction of 5.7%. The rate of export is higher than 50% for the whole of the sector. The European Union is the first customer (with 84% of exports) and the second supplier (with 27% of the imports). The SouthEast Asia is the first supplier (65% of the imports, including 42% coming from China and of Japan). Export and import of France for the Game and toys sector in 2002 The types of distribution and their share of sale are essentially in the hypermarkets and supermarkets (48%) and the specialised shops (30%). One of the particularities of this sector is the advertising expenses. The advertising investment (videos included) reached 198 millions euros including 65% spent during 4th quarter 2003. The toy’s sector, like the luxury goods one, faces the problem of imitation. The imitation is an intellectual swindle, an unfair competition and an attack to the brand image. Nevertheless in this sector, there are almost exclusively imitations of drawings and models: imitations of boxes of well-kown brands, imitations practised by casting, or “intelligent” imitations in which small differences are made to escape the objection of imitation!! All these copies are always less expensive than the original, of worse quality and often not in conformity to the requirements of safety. 51 The legislation in this sector is in permanent evolution. The legislation takes particularly care of the safety of these products users (mainly children and teenagers). 7.1.2. Main characteristics of the firm investigated In 1985, two carpenter friends start to manufacture toys in a corner of the workshop of Bertrand Auffret the carpenter-cabinetmaker of the village. They called their one-man business with the names of their children: Arthur and Marie. This one-man business became a limited liability company in 1990. The principal reason of the creation of the company was the diversification of the activity of a joiner’s workshop (created in 1976) in favour of a very targeted sectoral speciality: the educational wooden toys and wooden decoration elements. By the time, the limited liability company have strongly developed and employs now various professions (screeners, carpenters, administrative personal…). Originally the company head-manager, Bertrand Auffret, 51 years, was not trained as a manager. He comes from the literary and artistic channels: his educational background is a literary baccalaureate (end of college) and a two years formation to the Art schools. The SME “Arthur & Marie” was created by his initiative, so, very naturally, he became the company head-manager. In order to manage the project as well as possible, he obtained a skill in management at the Institute of Management Of Rennes (France). “Arthur & Marie” is a limited liability company, not quoted out of Stock Exchange, whose capital is equitably distributed between the active people (who worked in the society) and the inactive one (who have provided funds at the start of the adventure). The principal activity of the company is thus creation, manufacture and sale of teaching wooden games. The company owns its production building (approximately 280 m²) and the tenant of the building with use of office (70 m²). It is established in Brittany (Morbihan). 7.1.3. Activity and markets of the firms The company mainly targets organizations like kinder-garten, primary schools, and nurseries. It is a market where the budgets are especially public, therefore relatively stable. It is nevertheless a market with very strong competition, since the contracts are awarded to the least expensive answers, therefore competition is done mainly by the prices. The competitors, in addition, are especially large companies (Nathan, Celda, Wesco…) and French SMEs (MDI, Syllema, Bourrelier…). The products of the company are distributed on the three phases of the product life cycle (new, mature and declining), because approximately three products are created each year and come to reinforce a catalogue including about fifty references. The customers of the company consist in professionals of the early childhood. The products are directly sold to these professionals. After having fixed a meeting time, the customer attends a demonstration of the range of games carried out by commercial (person with exclusivity part-time contract). Up to now it has not been necessary to call upon external skills (like consultancy…) in order to seek new customers or new markets. The SME “Arthur & Marie” did not face any financial problem during these last years. Main financial indicators Annual turnover Total of wages Financial charge Debt Capital assessment 1996 349 000 € 145 000 € 13 000 € 74 000 € 7 600 € 1997 370 000 € 159 000 € 12 000 € 126 000 € 7 600 € 1998 412 000 € 620 000 € 13 000 € 114 000 € 7 600 € 1999 462 000 € 186 000 € 13 000 € 127 000 € 7 600 € 2000 639 000 € 283 000 € 16 000 € 160 000 € 7 600 € 52 2001 741 000 € 333 000 € 16 000 € 150 000 € 7 600 € 2002 721 000 € 344 000 € 22 000 € 324 000 € 7 600 € 2003 879 000 € 395 000 € 23 000 € 334 000 € 7 600 € 2004 1 030 000 € 440 000 € 23 000 € 332 000 € 7 600 € The company does not export any of these products, but imports some manufactured elements which are integrated to the manufacture of these products (almost 12 000 € as imports for 2003 and 2004). Regarding the institutional context in which it evolves, the standards of the activity of this sector are mainly safety requirements on manufacture. These standards are very hard because they take into account the public targeted by the products (namely children from 6 month old to 7 years old). The SME “Arthur & Marie” does not have a particular link (others that competition) with other companies of the area or country, whatever company size. In the same way, it does not take part to any consortium and does not call upon subcontractors. On the other hand, it has a constant relationship with training organizations, a school of serigraphy. It regularly accommodates trainees sent by the universities of the area. 7.1.4. Work organisation, management The organization work of the company is the following one: Organization work in Arthur & Marie 25 workers are employed by "Arthur & Marie", including 3 executives and 7 in the production workshop. The evolution of the number of employed people is described in the following table: Evolution of the number of employees 53 The characteristics of these employees are summarized in the table according to skills, the seniority, the types of contracts etc…. The employees of the commercial sector of the company have been proposed formations of sales (approximately 4 formations made per annum by a formation consultancy). The company "Arthur & Marie" is a typical family structure. The employees have no affiliation with any trade-unions and the aplication of the 35 hours rules was run as naturally as possible. As in most small family structures, one of the characteristics of the working organization is the autonomy and the responsibility given to each employee. Moreover the company does not suffer from the syndrome of the "peaks of activities". It keeps a stock approximately representing the sales for one month and the manufactured quantities are determined on the basis of sales statistics. 54 The professionnal risks are not related to the sector of industry, but to the nature of the work, namely woodwork and serigraphy. In 2002, in order to face these risks, the company built new workshops. 7.1.5. Knowledge use, development practice The activity of the company does not request innovating processes or new matters since it is clearly defined: the manufacture of wooden toys. The innovation thus does not consist in the manufacture method but rather in the design of the product. Indeed, in order to remain competitive, the company has created new original toys every year. In order to protect this originality, the SME “Arthur & Marie” carries out deposits of models at the INPI (National Institute of Industrial Property). In addition, the diffusion of toys is strongly controlled in order to limit the imitation. The use of Internet is quite limited but makes on-line visibility possible, as well as on-line shoping only for B to C (but it remains a marginal activity). 7.1.6. Future perspectives In the sectoral analysis, we have described, the characteristics of the market of games and toys. But part of this sector more relates to the studied company: the sector of the wooden games and toys. After the permanent domination of the great groups, the small manufacturers of wooden toys have decided to react: “On the national level, the sector of the wooden games and toys do not cause market studies. The producers of wooden toys realizing, as well as the producers of plastic toys, different kind of toys like didactic games, plays of first age, vehicles, plays of imitation, plays of construction… These productions and sales are thus included in each category quoted in this first part. However, by its marginal caracteristic, this sector deserves a very detailed attention. Indeed, one of every two producers of wooden toys is an independent craftsman. So the production is less, and it turnover is, in 60% of the case, lower than 153 000 €. Only 11% of the producers carry out a turnover higher than 1.53 million €. This marginality is confirmed through the study of the distribution systems: the latter reveals, for the sector of the games and toys, the prevalence of the supermarkets. However, only 8% of the producers of games and toys use this distribution system. The direct sale with the private individuals and the sale in specialized shops are privileged”. So, in order to emphasize the wooden toys the regroupement of the producers of this kind of toys is necessary to make their efforts of innovation more visible regarding new design toys. Thus, after a few difficult years, SME still present on this sector seem to have organize a resistance face to the great groups and the foreign enterprises. In addition, with the renewal of a particular attraction of the consumers for the traditional toys (and in particular out of wood), these companies still have beautiful days before them. 7.2 Ragni SA: French manufacture of lightning apparatuses sector 7.2.1. Location of the sector selected in the national, regional economies The sector “manufacture of lightning apparatuses” is a sub-category of the sector “industry of the intermediate goods”. First of all, it is a large and very heterogeneous sector. The number of firms tends to decrease, whereas the number of employees increases. This is due to the phenomena of mergers and acquisitions, alliances, absorptions, etc…. Evolution of the number of firms and of the number of employees 55 The sector of the “manufacture of lightning apparatuses” has improved over years. In the beginning of the 90’s, the sector had to face a difficult period, but at the end of the 90’s and the beginning of this decade, the French firms have won some market shares at the world level and significantly improved their situation. Evolution of the main financial results of the SME of this sector The sector is essentially composed of SMEs (more than 50% of SME with 20 to 49 employees, and more than 25% of SME with 50 to 249 employees). The average number of employees per SME (with 20 to 49 employees) is very stable over time: approximately 30 employees. Structure of the sector in terms of number of firms and number of employees The principal ratios of management confirm that the sector has improved, in particular if we look at the evolution of the average turnover. Evolution of the main ratios of management 56 The number of employees is relatively stable. The main labour contract is a full-time one. Evolution of the main indicators related to the labour factor The sector includes twice as many men as women (many technicians and engineers). The main indicators of the employee’s mobility seem to be relatively stable over the time. The sector is neither export nor import oriented as can bee seen in the following tables. The small amount of imports and exports are realised by a few firms (generally the biggest one in the sector). This sector is not a big consumer of research and development. But there are some firms investing in research-development to discover new material or new process. 7.2.2. Main characteristics of the firm investigated The firm Ragni SA is a typical example of a great success based on a family business. Indeed, in 1927, three years after he arrived in France (holder of the baccalaureate and under sentence of death by Mussolini regime), Victor Ragni created an ironwork shop. This small company specialized in lanterns, glosses and bracket lamps for private individuals progressively changed its activity to specialize in public lighting in 1974. Since his father was a designer but not a manager, Roger Ragni, the current chairman, early managed the family company (when he was 19 years). Today, the firm is universally known and recognized. It is one of the leaders in its sector and it is always a company with a human and family face, managed by the family Ragni (4 brothers and sisters, nephews and nieces and the girl of Roger Ragni). The company “Ragni SA” is managed by 5 partners, brothers and sisters, and 4 children of the fourth generation. Roger Ragni assumes the responsibilities of chairman and executive director. Roger Ragni is 58 years old. His educational background concerns the ironwork (CAP), but he has learned “on the job” throughout his professional course. In addition, he regularly follows training in various fields, in order to remain in adequacy with the responsibilities of his position (word in public, language, accountancy, management…). Ragni SA is a SAS (simplified limited compagny) not quoted on the Stock Exchange, whose capital is distributed among the members of the Ragni family, all working in the firm: • • • • • Victor Ragni : 35% Roger Ragni : 35% Marie-France Ragni : 10% Laure Ragni : 10% Marcel Ragni : 10% The activity of the company is now exclusively public lighting. The company “Ragni SA” owns 3 buildings necessary to its activity (approximately 10 000 m²). The company “Ragni SA” obviously exports all the references of its catalogue and imports the casting items out of cast iron aluminium and cast iron steel necessary to the 57 production. The exports increased a lot since ten years (+800%) and the import too (+379%). 7.2.3. Activity and markets of the firms Ragni SA have has not faced particular financial problems during these last years. It is a very flourishing company as witnessed by the great amount of prizes won (for good management, of exportations…). Main financial indicators in RAGNI SA This good financial health is also characterized by the first regional place for annual turnover. The rank of the firm Ragni SA at the national level confirms this good health. It is a model of success for SME. Indeed, it is ranked 16th, behind the great groups and the large companies (there are only 2 or 3 SME out of the 16 first, and the company Ragni SA is the only SME that is not a subsidiary company of great groups). The main customers of the company are municipalities (French or foreign) wanting to arrange or renovate their urban lighting. It is thus a very large sector, because there still exist many spaces where urban lighting is in bad state, even non-existent, but this sector depends on the budgets allocated by the State. There is a strong direct competition between the companies to get these contracts. The principal competitors of Ragni SA are great multinational corporations (such as Schreder, Philips, Groupe Allemand, GE…). The product is a mature product. The technique of production is controlled. The product is nevertheless evolutionary with regard to the design. We could note that this sector records an annual growth of about 3%... Marketing for export is managed by J.-C. Ragni. With regard to France, the sales are done by sales representatives who cover geographical sectors (about several departments). The canvassing of new customers is made in a traditional way, by the means of the regional exposures and the national trade shows. The prospection for new customers is primarily done by the way of many trade shows (in France or abroad), but also by the influencers and the design offices canvassing. All this research is done by the company; it never calls on consultant offices. The company Ragni SA holds the required skills. The firm Ragni SA is in permanent contact with other local, national or foreign SME for subcontracting. The company decided to call on subcontracting because they decided to do only what they can do well and want to protect themselves against the copy of their 58 processes. In addition, the company is in contact with the schools and the universities and thus regularly receives trainees within its offices and factories. 7.2.4. Work organisation, management The 35 hours was implemented without difficulties within total dialogue between the employees and the direction. The employees still work 38 hours per weeks (including 3 hours remunerated by the overtime tariff). In addition the company calls on the temporary workers in the case of heavy workload. The working conditions are typical of a family company with human face where “the human factor” is always the most important. The team does not join any trade union and the relations between the direction and the employees are very pleasant. Concerning the risks related to the activity, there are neither more nor less risks than in any other establishment. In addition, the law imposes a regular evaluation of the risks. In 2004 there are 49 people employed by “Ragni SA and this figure has been relatively stable since 1994. The organization of the firm is the following: If we look at the characteristics of these employees, we can summarize in the table according to the kind of job, seniority, kind of contracts, etc… Typology of the jobs in RAGNI SA All contracts are undetermined period and full time. Many trainings are proposed to the employees having evolutionary jobs in order to adapt their skills to this evolution. 59 7.2.5. Knowledge use, development practice The firm has invested on a Website, which is the window of the company and is daily updated. The use of Internet is also daily. Obviously, the company carries out a technological survey to remain updated with avant-garde materials and processes in order to remain competitive. But there are no great innovation and creation in this field. Indeed, the major innovation lies in the quasi permanent development of new models. The company did not face much problem regarding property right. The managing team of Ragni SA feels rather well protected by the law on the property rights of 1957. 7.3 Lassalle SA: Road transport of goods 7.3.1 Location of the sector selected in the national, regional economies The sector “Road transport of goods” (602M) is a sub-category of the sector “Transport”. It is a large and very heterogeneous sector. In fact, the sub-sector 602M includes a large number of firms with very different sizes, turnovers and localisation. As we can see in the following table, the number of firms is stable since 1996, but number of employees has increased (+18% for the same period). Evolution of the number of firms and of the number of employees The sector of the “Road transport of goods” has grown regularly over years (+ 45% since 1996 for the turnover). The sector is essentially composed of SMEs, approximately 99% of SME (64% with 0 to 5 employees). The average number of employees per SME (with 1 to 9 employees) amounts 1,5 and has been very stable over time. 60 Structure of the sector in terms of number of firms and number of employees The number of employees has increased regurlarly and their salaries have increased since 1996. This sector is not a sector oriented to research and development 7.3.2 Main characteristics of the firm investigated The company was created in 1974. The compagny is directed by the family. The principal motivations for them to have set up their own company are the independence and free hands. The head manager has no special formation. The firm Lassalle SA is a limited liability company with a capital of 230 000 €. Located in the centre of France, with the crossing of large axes of communication (RN7, Route Centers Atlantic Europe, A71, A75, the North-South and East-West connections SNCF), Lassalle SA is a firm specialised in the transport logistic for the transport of good by road. Indeed, this site has 60 000 m² of covered warehouses, accessible to the complete trains thanks to its railway junction and to its many installations (7 km from railways, 2 km of quays of transhipment). These assets of scale will enable to obtain a real flexibility between the site of production and the customers. Lassalle SA is able today to propose a complete panel of logistic solutions , from the simple storage to the complete management of the flows of goods. 7.3.3 Activity and markets of the firms The firm Lassalle SA have not faced particular financial problems during these last years. Its turnover is quite stable over the years (the turnover has an increase of 20% since 1998). 61 Main financial indicators in Lassalle SA The company is healthy while it does not rank first (neither at the national nor regional level). The firm is the 18 at the regional level, and the 558 at the national one. This ranks tell us that this sector is really dominated by the big firms and the big groups. One of the main particularities of this firm is that its export turnover is growing up regularly since few years (+ 385% between 1998 and 2003). 7.3.4 Work organisation, management The 35 hours was implemented without difficulties because 95% of the firm’s collaborators are in the firm since a long time. The number of employees is very stable along the time from 40 personnes in 1997 to 48 in 2001. Many trainings are proposed to the employees having evolutionary jobs in order to adapt their skills to this evolution. 7.4 Effisoft: French software sector (sub-sector of ICT) 7.4.1 Location of the sector selected in the national, regional economies The sector “edition of software” is a sub-category of the ICT sector. First of all, it turns out to be large and very heterogeneous. In fact, the sub-sector 722A includes a large number of firms with very different sizes, turnovers and localisation. As we can see in the following table, the number of firms has increased a lot (approximately + 31% between 1996 and 2001), such as the number of employees (+42% for the same period). This is due to mergers and acquisition, alliance, absorption, etc. Evolution of the number of firms and of the number of employees The sector of the “edition of software” has grown rapidly over years. After an exceptional growth for few years, the sector slown down as the figures show. 62 Evolution of the main financial results of the firms The sector is essentially composed of SMEs, approximately 99% of SME (37% with 0 employee and 50% with 1 to 9 employees). The average number of employees per SME (with 1 to 9 employees) amounts 3 and has been very stable over time. Structure of the sector in terms of number of firms and number of employees The number of employees has increased rapidly. The main characteristic of this sector in terms of employment is the mobility of the employees (a lot of entry/exit over the time). The sector is rather a sector with qualified employment. Kind of job The sector is neither export nor import oriented. The small amount of imports and exports are realised by a few firms (generally the biggest one in the sector). This sector is a big consumer of research and development. The majority of the firms (whatever the size) invest in research-development to discover new material or new 63 process. Evolution of the resources allocated to the research-development 7.4.2 Main characteristics of the firm investigated The company was created in December 1988 in order to position in a sectoral specialty on a new market (edition of insurance software). The creators are Marc Accos, Pascal Stopnicki and Olivier Adler. The direction staff is composed by two of the three founding members: Marc Accos and Pascal Stopnicki. They are 43 years old, holders of statistics DUT and a MSG in Paris Dauphine. They have not had any particular training since they set up the company (for lack of time), but they are members of an association of head managers (which enables them to exchange on the lived professional experiments) The principal motivations for them to have set up their own company are the independence and free hands. Effisoft is a limited liability company of which 69% of the capital is distributed between the 3 associated (active physical people within the company). The remainder of the capital is held by two others associated which physical but not active people within the company. Effisot has a subsidiary company in London, Boston and a subsidiary company specialized in the supply of computer services in France (Effisoft Consulting). 7.4.3 Activity and markets of the firms The activities of the company are the edition of software for the risk management, the insurance and the reinsurance. The company conceives, develops and sells software packages on markets in insurance and risk management. Effisoft rents a building in Paris (approximately 550 m²). The firm Effisoft have not faced particular financial problems during these last years It turns out to be very flourishing (+274% for the turnover in 5 years). Main financial indicators in Effisoft The company is healthy while it does not rank first (neither at the national nor regional level). This sector is largely dominated by the big international group (Cap Gemini, Dassault, Oracle, Ubisoft...). 64 The exports of the firm represent approximately 10% of the turnover. There is no import for Effisoft The market is characterised with customers that are very large companies (what reassures the banks), with a turnover higher than the billion of euros or reinsurance and insurance companies with a turnover higher than 500 millions of euros. The products proposed are at different steps of the product life cycle: • • • WebRISK is a product on the decline Assuretat is a mature product WebXL is a new product in full growth. The sale is direct : the canvassing of new customers is done by recommendations of a customer to another, then by sending information to a mailing list. 7.4.4 Work organisation, management The 35 hours was implemented without difficulties because 95% of the firm’s collaborators are young (average age 30 years) and middle manager. It was accompanied by a frost of remunerations during 1 year. The negotiation was carried out with the delegates of the personnel. Employees have 5 paid-vacations weeks per annum and 10 days of RTT (of which 7 to take on period imposed by the direction). The middle managers tend to leave late in the period of strong activity or intensive work, but they have a very great freedom on the schedules in a general way. With regard to the organization of work, planning are established 6 months in advance according to the order book. Planning are revised every month by a micro and slipping way. The very busy periods are managed by the mobility of the associates among different computer development, even while going to take resources on other teams. The slack periods are not problematic because they are used to carry out investments in the market products, methodologies and the sale of the services. The organization of the firm is the following: 65 Flow chart of the company In 2003, there are 56 people employed by "Effisoft" and these figures have increased regularly over the time (15 employees in 1994 and 56 in 2003). If we look at the characteristics of these employees, we can summarize in the table according to the kind of job, seniority, kind of contracts, etc… Typology of the jobs in Effisoft Many trainings are proposed to the employees having evolutionary jobs in order to adapt their skills to this evolution. 66 7.4.5 Knowledge use, development practice The company regularly uses new technologies and new materials since one of its activities is the production of computer services where they incorporate new technologies. The place of Internet is very important since all their products are conceived to be used on a Internet/Intranet environment. All the supports of products used by the company (Microsoft, BO, Oracle…) are available on Internet. It is the way of communication used the most by the company and its customers. The company did not face much problem regarding property right. The products being in permanent evolution it is not easy to copy them; therefore it is not useful to commit in long and expensive procedures of protection. 7.4.6 Future perspectives This sector is in evolution essentially thanks to the externalisation. It constitutes a source of regular incomes for the operators of this sector very largely subjected to the international economic situation. Indeed, the moroseness of certain world markets has obvious effects on sectors of this type. They are obviously the first expenditure reduced by the companies in difficulties. In addition, the tendency on this sector is with the pooling of resources (by the way of alliances or mergers). A tendency should thus be confirmed: 85% of the companies employ less than 10 paid and carry out only 17% of the world turnover. For the majority of the specialists of the sector, the French productivity is into clear withdrawal compared to countries like Germany or the United Kingdom. Moreover the structure of the sector is rather different in France. Whereas in the other European countries the average size of the companies is lower than 5 people by companies, in France it is more than 8. This shift is explained by the simple presence of very great groups in France such as Cap Gemini and Atos Origin. 7.5 Dima Tours: French tourism sector 7.5.1 Location of the sector selected in the national, regional economies A dubious international context associated with a morose economic situation made that 2003 was a bad year in terms of international tourism. In France, the arrivals and the nights of the foreign tourists appreciably dropped. The figure which corresponds to the volume of nights passed by the tourists of each nationality to France is the best indicator of tourist frequentation. The number of arrivals of foreign tourists in France, which is the indicator most frequently used to compare the countries between them, tends to give an overestimated image of the tourist frequentation from abroad in France. Indeed, the geographical position of France is such as this country constitutes an obliged passage for many European tourists whose final destination is Spain or Italy. The whole of these tourists “in transit”, who pass only a very limited number of nights in France, makes increase the figure of the number of arrivals but weighs little in term of receipts. 67 Volume of nights of the principal tourist customers of France Source: Direction du Tourisme (provisional figures) The reduction of the number of nights is more marked for the countries not in the European Monetary Union. Indeed, the rates of the European currency reached very high levels into 2003, which involved an increase in the price of the holidays in France for the tourists originating of the countries out of the euro zone. These tourists thus often preferred another destination than France. The decrease of the tourist frequentation is reflected quite naturally on the receipts of the line “travels” of the balance of payments, which correspond to the expenditure carried out by the tourists and excursionists in France. Receipts generated by the principal tourist customers of France (in millions euros) Source: estimates by the “Direction du tourisme” and the “Banque de France” The receipts of the line “travels” of the balance of payments rise to 32.3 billion euros into 2003. They are lower by 5.4% than that of 2002. The fall of the American receipts is particularly marked. During more than thirty years, the United States was the country which paid the most to France in terms of touristic 68 receipts. In 2003, for the second year consecutive, the British receipts precede the American receipts. As the average expenditure by stay of the tourists coming from the United States is higher than the average, the decrease of American frequentation had more effects on the total of the receipts of the line “travels” than on the total of the nights passed through the foreign tourists to France. If the receipts decrease more than the nights, it is also because the tourists not coming from the euro zone probably tried to limit their expenditure in France, by choosing for example a mode of lodging better than hotel trade. Lastly, the last important under-sector of the tourism sector is the travel agencies. In 2003, for the second consecutive year, the annual turnover total of the travel agencies decreased (-2%): ticketing decreases by 1.5% while the resale of package tours falls of 3.7%. This bad performance is undoubtedly to bind to an unfavourable economic situation in 2003 and to an unstable international context because in particular of the war in Iraq and the epidemic of SRAS. The decrease of the turnover is particularly marked between April and August. Since the end of the summer, the travel agencies know a light renewal of dynamism thanks to the resumption of the sector of ticketing. 7.5.2 Main characteristics of the firm investigated Dima Tours is a turn operator specialist in the Central America and South America. The limited liability company was created in 1992. 7.5.3 Activity and markets of the firms The market on which operate the company is an atomized market. Indeed, one counts there some general practitioners and lot of specialists on sectoral niches. The principal competitors of Dima Tours are Jet set, Empreinte, Vacances Air Transat and Kuoni. The customers of Dima Tours have a rather particular profile. They are customers who travel by 2 or in family, resulting from a higher class socio-professional and especially who are amateurs of comfort and expatriation. We could note that to exert as a tour operator need to have a licence as “agent of voyage” and a financial guarantee subscribed near a professional. 7.5.4 Work organisation, management The company counts 5 paid workers. The company is organized around 4 poles: the direction, the reservation individual service, the group reservation service and the accountancy. In addition, taking into account its size, the company was not concerned with the passage to the 35 hours. The branch manager has a bac+4, the others paid were trained on the job (self-educated). The activity of the company is a traditional activity of tour operator: request information, establishment of estimate, inscription and reservation of the file, confirmation and invoicing, realization of the notebook of voyage. The only characteristic of work is some flexibility because obviously the work is a little seasonal (rush of activity before the holidays). 69