The provisions of this Title shall apply subject, where applicable, to those of treaties, conventions or agreements duly ratified or approved and published, and in particular the Treaties establishing the European Communities and the acts of the authorities of those Communities adopted in implementation of those Treaties.
The obligations and prohibitions that apply to French companies when they use service providers, in particular those relating to illegal employment mentioned in Article L. 8211-1, apply under the same conditions when the services are provided by companies established outside France that second staff to the national territory, in accordance with the procedures defined by decree of the Conseil d’Etat.
For the purposes of this Title, a seconded employee is any employee of an employer who is duly established and carries out his activity outside France and who, while habitually working on behalf of the latter outside the national territory, carries out his work at the request of this employer for a limited period on the national territory under the conditions defined in Articles L. 1262-1 and L. 1262-2 .
An employer established outside France may temporarily second employees to France, provided that an employment contract exists between the employer and the employee and that their employment relationship continues during the period of secondment. The secondment is carried out : 1° Either on behalf and under the direction of the employer, under a contract concluded between the latter and the recipient of the service established or operating in France ;…
Provided that an employment contract exists between the temporary employment undertaking and the employee and that their employment relationship continues during the period of secondment, an undertaking carrying out temporary employment activities established outside national territory may temporarily second employees: 1° To a user undertaking established on national territory; 2° To a user undertaking established outside national territory and temporarily carrying out an activity on national territory. The provisions of…
I.-An employer who posts one or more employees, under the conditions set out in 1° and 2° of article L. 1262-1 and article L. 1262-2, must submit a declaration, prior to the posting, to the Labour Inspectorate of the place where the service begins. II – The employer referred to in I of this article shall appoint a representative of the company on national territory, responsible for liaising with the…
The conditions under which the employers referred to in articles L. 1262-1 and L. 1262-2 are required to transmit, by electronic means, the declaration referred to in I of article L. 1262-2-1 of this code or the certificate referred to in article L. 1331-1-1 of the transport code are set by decree in the Conseil d’Etat issued after consultation with the Commission nationale de l’informatique et des libertés.
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…
I.-The employer temporarily seconding an employee to the national territory guarantees him equal treatment with employees employed by companies in the same branch of activity established on the national territory, by ensuring compliance with the legal provisions and contractual stipulations applicable to employees employed by companies in the same branch of activity established on the national territory, in terms of labour legislation, with regard to the following matters: 1° Individual…
I.-A client or project owner who enters into a contract with a service provider who posts employees, under the conditions mentioned in articles L. 1262-1 and L. 1262-2, shall check with the latter, before the posting begins, that it has fulfilled the obligations mentioned in I and II of article L. 1262-2-1. If his co-contractor has not provided him with a copy of the declaration referred to in I of…
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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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