When a temporary employment agency operates without having made the declarations provided for in Article L. 1251-45 or without having obtained the financial guarantee provided for in Article L. 1251-49 , and there is a serious risk of harm to the temporary employee as a result, the court may order the closure of the business for a period not exceeding two months. The matter is referred to the court by…
A decree of the Conseil d’Etat shall determine : 1° The content and procedures for the declarations provided for in Article L. 1251-45 and the deadline for submitting them to the administrative authority; 2° The type of information that must be included in the statement of employment contracts provided for in Article L. 1251-46, as well as the frequency and procedures for its presentation.
The temporary employment contractor must at all times provide evidence of a financial guarantee ensuring payment in the event of default by the contractor: 1° Wages and related benefits ; 2° Compensation under this chapter; 3° Compulsory contributions due to social security bodies or social institutions; 4° Reimbursements which may, where applicable, be the responsibility of employers in respect of social security bodies and social institutions under the conditions set…
The financial guarantee may only result from a guarantee undertaking given by a mutual guarantee company, a collective guarantee body, an insurance company, a bank or a financial institution authorised to give guarantees. It is calculated as a percentage of the annual turnover of the company concerned. It may not be less than a minimum set annually by decree, taking account of average wage trends.
The temporary employment agency provides the user company, at its request, with a certificate from the social security bodies specifying its situation with regard to the collection of contributions due to these bodies.
In the event that the temporary employment agency defaults and the surety is insufficient, the user company is substituted for the temporary employment agency for the payment of the sums still owed to the temporary employees and to the social security bodies or social institutions to which these employees belong, for the duration of the assignment carried out in the company.
The conditions of application of this paragraph shall be determined by decree of the Conseil d’Etat.
To calculate the workforce of a temporary work agency, account is taken of : 1° The permanent employees of this company, determined in accordance with article L. 1111-2; 2° Temporary employees who have been linked to this company by assignment contracts for a total period of at least three months during the last calendar year.
For the application to temporary employees of the legal provisions which refer to a condition of seniority in the temporary employment undertaking, seniority is assessed by adding together the periods during which these employees have been linked to the temporary employment undertaking by assignment contracts.
For the purposes of applying the provisions of 1° of Article L. 6322-63, the minimum length of time temporary employees must have been with the temporary employment undertaking is determined by adding together the periods during which these employees were bound to their employer by assignment contracts.
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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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