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FAQs

The answers to your questions

If I call on an external service provider, what are the regulatory points to watch out for?

I am a company, can I benefit from tax advantages?

The answer is yes ! Employers who offer physical activity and sports services are, under certain conditions and limits, tax advantaged, even when the company has a social and economic committee.

Contact us quickly to find out more.

How often does SMART Fitness take place in my company?

It is you who define the frequency of the sessions. From 1 time to more than 3 times per week. Or even 2 times over 2 consecutive hours...

Everything is possible. Do not hesitate to contact us to discuss the optimal solution for your needs.

How do I join a session for the first time?

That's it, here we are the first session!

Don't panic, for this first session you will need suitable sports clothes, a towel, a bottle of water and your enthusiasm.

Do you have to be a member to participate?

With SMART Fitness, you don't need to be a member. It is your employer who selects our turnkey services for you. All you have to do is register for the scheduled session (the day and time will have been communicated to you internally) and that's it.

Do I have to entrust the CSE with the organization of physical and sports activities?

In companies with at least 50 employees with a CSE, the latter alone is competent to organize physical and sports activities within the company.

Sports code: article L.121-9 Labor code: art. L.2312-80 et seq. art. R.2312-35 et seq.

Source: https://www.sports.gouv.fr/sites/default/files/2023-06/guide-juridique-employers-aps-en-milieu-pro-6854.pdf

Do I have an obligation to consult the CSE before the implementation of the APS?

In companies with less than 50 employees, the CSE must be associated with the implementation of physical and sports activities; while in companies with at least 50 employees, he alone is competent.

 

Labor Code: art. L.2312-5 et seq. art. L.2312-80

 

Source: https://www.sports.gouv.fr/sites/default/files/2023-06/guide-juridique-employers-aps-en-milieu-pro-6854.pdf

When I want to organize a yoga class in a meeting room, do I have to have changing rooms, mixed or not, showers, etc.?

No particular obligation exists with regard to the existence of changing rooms and/or showers for the exercise of a physical or sporting activity in a professional environment.

 

Labor Code: art. R.4228-1 et seq. Social Security Code: article D.136-2

 

Source: https://www.sports.gouv.fr/sites/default/files/2023-06/guide-juridique-employers-aps-en-milieu-pro-6854.pdf

To what extent should I ensure that disabled workers have access to health promotion actions through physical and sporting activities?

Disabled workers must not be excluded from the actions implemented. They must also be able to access sports equipment.

Sports Code: art. L.100-3

Source: https://www.sports.gouv.fr/sites/default/files/2023-06/guide-juridique-employers-aps-en-milieu-pro-6854.pdf

Do I have to provide my employees with sportswear?

No obligation to provide uniforms weighs on the employer.

 

BOFP: BOI-RSA BASE 30-50-30-40, §90 BOSS: §2030

Source: https://www.sports.gouv.fr/sites/default/files/2023-06/guide-juridique-employers-aps-en-milieu-pro-6854.pdf

Do I have to request an annual certificate of non-contraindication to the practice of sports for each worker engaged in APS actions and if so what type of certificate?

Except practice within a sports federation, no medical certificate has to be required.

 

Sports Code: art. L.231-2 and L.231-2-1

Source: https://www.sports.gouv.fr/sites/default/files/2023-06/guide-juridique-employers-aps-en-milieu-pro-6854.pdf

Does a facilitator working in my company/administration have to be qualified, and what diploma should he have? When I use an external service provider, is it up to me to check the qualifications of the supervisors?

All paid sports supervisors, regardless of their status, must have one of the recognized diplomas and a professional card, which must be verified by the client.

 

Sports Code: art. L.212-1 art. L.212-11

Source: https://www.sports.gouv.fr/sites/default/files/2023-06/guide-juridique-employers-aps-en-milieu-pro-6854.pdf

If I call on an external service provider, what are the regulatory points to watch out for?

In addition to the elements of vigilance inherent in the use of any service provider, particular attention must be paid to the possession of the required diplomas and his professional card by the service provider.

 

Sports Code: art. L.212-1 art. L.212-11 art. R.212-1 et seq. art. R.322-5

Source: https://www.sports.gouv.fr/sites/default/files/2023-06/guide-juridique-employers-aps-en-milieu-pro-6854.pdf

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