Article L1221-9 of the French Labour Code
November 8, 2023
No information concerning a job applicant personally may be collected by a system that has not been brought to the applicant’s attention beforehand.
No information concerning a job applicant personally may be collected by a system that has not been brought to the applicant’s attention beforehand.
An employee may only be recruited after the employer has made a declaration of the employee’s name to the social security bodies designated for this purpose. The employer must complete this declaration at all workplaces where employees are employed.
Failure to comply with the obligation to make a declaration prior to recruitment, as ascertained by the agents mentioned in article L. 8271-7, will result in a penalty equal to three hundred times the hourly rate of the guaranteed minimum provided for in article L. 3231-12.
A decree of the Conseil d’Etat shall determine : 1° The conditions under which the pre-employment declaration is made ; 2° The procedures for recovery of the penalty provided for in article L. 1221-11.
The following are required to submit their pre-employment declarations electronically: 1° Employers whose staff come under the general social security scheme, other than private individuals employing an employee in their service, and whose number of pre-employment declarations made during the previous calendar year exceeds a threshold set by decree; 2° Employers whose staff are covered by the agricultural social protection scheme and whose number of pre-employment declarations made during the…
A single personnel register is kept in all establishments where employees are employed. The surnames and forenames of all employees are entered in the order of recruitment. These details must be entered indelibly in the register at the time of recruitment. The surnames and forenames of trainees and civic service volunteers within the meaning ofarticle L. 120-1 of the French National Service Code who are received in the establishment are…
The requirement to keep a single staff register may be waived to take account of the use of other means, in particular computerised means, under the conditions set out in Article L. 8113-6.
The single staff register is made available to the Social and Economic Committee and to the officials and agents responsible for ensuring the application of this Code and the Social Security Code.
The declaration mentioned in I of article L. 1262-2-1 is appended to the single personnel register of the company hosting the seconded employees.
In certain establishments or professions defined by regulation, the employer must inform the public employment service of any recruitment or termination of an employment contract.
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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