An employer may not rely on the provisions applicable to the secondment of employees when, in the State in which it is established, it carries out activities relating solely to internal or administrative management, or when its activity is carried out on national territory on a regular, stable and continuous basis. In particular, he may not rely on these provisions when his activity involves seeking out and canvassing customers or recruiting employees in this territory.
In these situations, the employer is subject to the provisions of the Labour Code applicable to companies established on national territory.