In order to calculate the workforce of a freelance administration company, the following are taken into account: 1° The company’s permanent employees, determined in accordance with Article L. 1111-2; 2° Ported employees who have provided portage services under employment contracts concluded with this company for a period of at least three months during the last calendar year.
For the application to employees on a freelance basis of the legal provisions which refer to a condition of seniority in the freelance administration company, seniority is assessed by adding together the periods during which these employees have carried out freelance administration services under employment contracts concluded with this company.
For the application of the provisions set out in 1° of Article L. 6322-63, the minimum period of presence in the freelance administration company of freelance administration employees is assessed by adding together the periods during which these employees have provided freelance administration services under employment contracts concluded with this company.
Failure to comply with the provisions relating to the conditions under which temporary work is carried out, as set out in article L. 1251-2, is punishable by a fine of 3,750 euros. A repeat offence is punishable by six months’ imprisonment and a fine of 7,500 euros. The court may also order a ban on working as a temporary employment agency for a period of between two and ten years….
The following is punishable by a fine of 3,750 euros for a temporary employment contractor: 1° Recruiting a temporary employee by concluding a contract that does not contain the information specified in 1° and 3° of Article L. 1251-16 or that contains such information in a deliberately inaccurate manner, or without sending the employee a written assignment contract within the period specified in Article L. 1251-17 ; 2° Disregarding the…
Any user who, in breach of article L. 1251-5, concludes a secondment contract with the purpose or effect of permanently filling a job linked to the normal and permanent activity of the company, is liable to a fine of 3,750 euros. A repeat offence is punishable by six months’ imprisonment and a fine of €7,500.
Any user who uses a temporary employee for a purpose other than that provided for in the first paragraph of article L. 1251-6 or outside the cases mentioned in that same article is liable to a fine of 3,750 euros. A repeat offence is punishable by six months’ imprisonment and a fine of 7,500 euros.
Failure by the user to comply with the prohibitions on the use of temporary work set out in Articles L. 1251-9 and L. 1251-10 is punishable by a fine of 3,750 euros. A repeat offence is punishable by six months’ imprisonment and a fine of €7,500.
Failure by the user to comply with the provisions relating to the end of the contract, as set out in article L. 1251-11, is punishable by a fine of 3,750 euros. A repeat offence is punishable by six months’ imprisonment and a fine of 7,500 euros.
Failure by the user to comply with the provisions relating to the duration of the assignment, as laid down by the stipulations of the agreement or branch agreement concluded pursuant toarticle L. 1251-12 or, where applicable, the provisions ofarticle L. 1251-12-1, is punishable by a fine of 3,750 euros. A repeat offence is punishable by six months’ imprisonment and a fine of 7,500 euros.
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call us at +33 (0) 1 84 88 31 00 or send us an email.
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
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
Resources
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
Useful links
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call +33 (0) 1 84 88 31 00 or send us an email.
All information exchanged through this website will be communicated to lawyers registered with a French Bar and will remain confidential.
