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Ana Castro

Question:

Hello,

I'm a Portuguese citizen, lived and worked in the UK between March 2016 and September 2016, when I returned to France due to my pregnancy (my family is also PT but lives in France and my partner is French). I'm a nurse, I needed to wait 3 months for my diploma to be accepted in France and only received a green light in mid-December 2016, so I found the first job available, initially proposed as a CDI, full time, during the rendez-vous to present the offer. Received the contract to sign, it had passed to "52h duree indicative mensuelle moyenne de travail variable selon le planning annuel" still CDI. I needed the job, I took it, the planning is only less than 52h of work in June/July next year, all the others are 56, 55, etc.

During the first month of work I had 36h of work to do, questioned my boss about the fact I needed more hours to work as I also need more pay and had the reference of the contract of the 52h. No decent answer, just that I needed to pick up extra hours next month to achieve what I needed. that it wasn't his fault, etc.

1) I would like to know if it says in the bulletin de paye that the base is 52h (and the planning of work for that month is at least 52h) if it's legally acceptable for him to pay me less - 36h of work I had available to do - and that makes less than 200 euros net.

This takes us to the second month - December - did 56h and something, its according to the planning of that month, but my bulletin de paye classifies this revenu as being January (on top of the bulletin). So the first month I worked was mentioned as December on the top part of the bulletin and I didn't saw that before.

Now CPAM says to me that I will not have the right to conges maternité if I do not achieve 150h of work the last 3 months before the beginning of the congés (should be around 03/03/2017). And that what counts is the top of the bulletin, if it says December but it is the number of hours of work of November, there is nothing they can do. And with this working situation I can never know what I will achieve or not in the next months. Or if I will have to stop to work at some point because of the nature of the job (distribution of publicity, working outside in the cold, company doesn't provide jackets/gloves or boots suited for snow weather, pushing trolleys of 80 kg, go up and down the streets with ice, dogs running free and barking/trying to bite, obliged to drive my own car and lift the packs of pub to and from the trolleys... )

2) What I would like to know is exactly what is in the french law, what happens if I need sick leave during sometime before the date preview to start congés (or if my baby decides to be born before 36 weeks) Or what kind of protection I can still have if I just can't do this anymore at 8th month pregnant? Because the way I look at it right now I will have to work on top of 52h monthly hours, maybe a total of 15h more, somewhere between now and 03/03/2016, and I don't imagine myself having physical capacity for that.

That takes us to another visit to CPAM. I was told this time I also need to have 12 months of social security contributions in France or 600h of work minimum. I would like to ask: can I/what should I demand to CPAM to request to UK to prove my earnings + contributions + time of work abroad. Mentioned the CE regulation nº 883/2004, and the possibility to request S040/S041 (did as I was told by english department of pensions to whom I requested help) and the response was: there is no way we do that, it does not exist any sort of comunication for conges maternité, etc etc.

Last but not least, as I feel i'm running out of time and no one can really help me or no one really knows what to do:
3) Can I request maternity allowance to England, as I tried the online simulator, I fit in all of the criteria in terms of earnings, weeks of work before stopping and coming in here. I'm just not sure if the fact that I work here now will interfere with the process. And I don't have a MAT B1, as I followed my pregnancy here since September, and before, in England, I was refused normal pregnancy care by the community doula based on the number of weeks I had. So I only have the medical reports from when I went to A&E - I had a lot of complications during the first 5 months of pregnancy.

With all of this i'm having terrible back pains, my sage-femme offered to put me in sick leave or start the maternity leave before, but I have to hold it until the day I can't walk anymore as I don't know what is the consequence of stop working. I can't find a better job because i'm "too qualified as a nurse", with many "diverse areas of experience and skills" a.k.a. "too pregnant"..

I'm in serious need of an experts look upon this, I don't benefit with any social benefits, no jobseekers allowance, no french RSA, absolutely nothing, neither here neither in the UK. I'm still waiting for the U1 form that I requested. I have to pay for all the pregnancy tests and wait and wait for the refund, and working in such salary condition doesn't allow me to rely on the fact that the refund will come. I already have an attestation de droits 100% soins and because I don't have Carte Vitale people still demande me to pay in full in front. Please give me some advice, please show me some direction and pin point where I can go to get real solid help in here as I'm reaching the limit and not even the social worker is helping.

With huge gratitude,
Ana

by Ana Castro on 07 Jan 2017
Guillaume Barlet

This expert is currently inactive and not able to take new questions!

Answer:

Dear Ana,

Please accept my apologies for the late reply.

Unfortunately, I am not an Employment Law specialist and therefore cannot answer your enquiry but I would be glad to refer you to the relevant person upon request either in France or the UK.

Kind regards,

Guillaume Barlet-Batada

by Guillaume Barlet on 21 Feb 2017

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