Caretaker, janitor, building employee, supervisor, manager… There are many names to designate the person in charge of the proper functioning of a building.
The obligations of janitors are listed in an employment contract.
In case of fault, a dismissal procedure can be initiated.
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Who is in charge of the maintenance and conservation of a building?
In a co-ownership building, it is the co-ownership trustee who is appointed by the general meeting of co-owners to ensure the maintenance and conservation of the building
(
law n°65-557 of July 10, 1965
, article 18)
.
To support him in this heavy task, the trustee is entitled to surround himself with one or more building caretakers.
For this, an employment contract is drawn up.
What are the duties of the caretaker?
Articles L7211-1 to L7215-1 of the Labor Code regulate and define the work of guards.
The caretaker is responsible for ensuring:
the guard
;
monitoring
;
maintenance
of the building or group of buildings entrusted.
Its missions can also be reduced to some of these functions.
The
employment contract
established between the syndic and the caretaker must specify the obligations of the latter, to avoid any future misunderstanding.
For example :
Maintenance and cleaning of common areas.
Mail delivery.
Receipt of packages.
Taking out the trash.
Carry out minor repairs to the condominium, such as replacing a burnt-out light bulb.
Be present at the lodge on specific time slots…
The more precise and up-to-date the tasks are, the less risk there will be of conflicts on them.
Good to know
The employment contract drawn up must comply with traditional labor law, but also with the Collective Agreement for caretakers and building employees.
Note
: some building superintendents, those in category B, are assigned a dressing room to exercise part of their function.
This official accommodation is considered as an accessory to the salary.
On the other hand, they are not obliged to sleep there and can stay elsewhere
(article 20 of the aforementioned collective agreement)
.
What is the status of a caretaker?
The caretaker is an
employee under private law
.
It is therefore the common labor law that applies to him.
His employer is the syndicate of co-owners
.
On the other hand, the employment contract is signed by the syndic of co-ownership who acts as agent of the syndicate of co-owners
(article 1 of the aforementioned collective agreement)
.
No relationship of subordination exists between the caretaker and its inhabitants, whether tenants or owners.
Good to know
HLM building superintendents are subject to the status of the public service.
As such, the rules in this article do not apply to them.
How much do caretakers get paid?
In return for the obligations incumbent on the caretakers for the maintenance of the buildings, they receive remuneration.
It is broken down into 3 parts:
- A
basic salary
.
An annual grid makes it possible to fix the gross minimum to be paid to him.
It varies according to the number of hours, experience and skills.
- A
seniority bonus
defined in the aforementioned collective agreement.
- An
accessory to the salary
: official accommodation (this obligation only applies to category B guards. It is only an option for those in category A).
How to complain about a caretaker?
If you feel that your concierge is not properly fulfilling his obligations, you can complain to the co-ownership trustee.
Your accusations must be substantiated and proven.
In French law, proof can be provided by any means.
For example, you can provide testimonials, photos, a statement made by a commissioner of justice (former bailiff).
Anything that demonstrates that your building caretaker is not fulfilling his obligations.
The following are examples of custodian breaches:
The common areas of the building are dusty.
The garbage room is smelly and overflowing with waste.
Trash cans are not taken out of the building at pick-up times.
The caretaker is never present at the lodge at the times indicated.
The aggressive behavior of the caretaker is also a reason for complaint to the syndic of co-ownership.
Very often, to constitute a fault, the failure must be repeated.
How to terminate the building caretaker's contract?
The caretaker is an employee under private law.
If your goalkeeper has made a mistake, at your level, you can't do anything.
On the other hand, the syndic of co-ownership is authorized to conduct a procedure for the termination of his employment contract.
He can do this without obtaining the agreement of the general meeting of co-owners.
Unless the co-ownership regulations require it.
If you have solid arguments against him and you can prove that he does not fulfill his obligations, a dismissal procedure for personal reasons, disciplinary or non-disciplinary, can be initiated.
For the goalkeeper to be dismissed, the fault recognized must be serious or heavy.
Simple misconduct does not automatically result in dismissal.
Note
: if the co-ownership has serious financial difficulties, a redundancy procedure can be implemented.
Good to know
In the event of a dispute relating to the employment contract between the concierge, the syndicate of co-owners and the trustee, the Labor Court is competent to rule.
Conclusion
Building superintendents are employees under private law.
Their obligations are governed by the Labor Code and the Collective Agreement that governs this profession.
They are generally numerous and their objective is to ensure the custody, surveillance and maintenance of the buildings entrusted to them.
In return, the janitors receive remuneration governed by the collective agreement as well as company housing.
In case of dissatisfaction of its inhabitants, owners or tenants, if the alleged facts are proven and solid, the syndic of co-ownership can initiate a dismissal procedure aimed at breaking the employment contract.
