Articles L. 3253-7, L. 3253-10 to L. 3253-13 and L. 3253-17 are applicable to the procedures defined in articles L. 3253-18-1 and L. 3253-18-2. The judgments referred to in article L. 3253-12 include any equivalent decision taken by the competent foreign authority. The institutions mentioned in article L. 3253-14 are subrogated to the rights of the employees for whom they have made advances.
When the foreign liquidator or any person exercising a function similar to that of the mandataire judiciaire, the administrateur judiciaire or the liquidator has ceased his functions or in the case mentioned in 2° of article L. 3253-18-2, the guarantee institutions pay the sums due to the employee upon presentation by the latter of the documents justifying the amount of his claim. In this case, the provisions relating to statements…
The institutions referred to in Article L. 3253-14 shall, on request, inform all other guarantee institutions in the Member States of the European Community or the European Economic Area of the national laws and regulations applicable in the event of the implementation of insolvency proceedings as defined in Articles L. 3253-18-1 and L. 3253-18-2.
The judicial representative draws up statements of claims under the following conditions: 1° For the claims referred to in Articles L. 3253-2 and L. 3253-4, within ten days of the judgment opening the proceedings; 2° For other claims that are also due and payable on the date of the judgement opening the proceedings, within three months of the date of the judgement; 3° For wages and holiday pay covered under…
If the claims cannot be paid in whole or in part from the available funds before the expiry of the time limits provided for in Article L. 3253-19, the judicial representative shall request, upon presentation of the statements, the advance of the necessary funds from the guarantee institutions mentioned in Article L. 3253-14. In the case of safeguard proceedings, the court-appointed agent must justify to these institutions, at the time…
The guarantee institutions mentioned in Article L. 3253-14 pay the judicial representative the sums shown on the statements and remaining unpaid: 1° Within five days of receipt of the statements referred to in 1° and 3° of article L. 3253-19 ; 2° Within eight days of receipt of the statements referred to in 2° and 4° of the same article. By way of derogation, the advance payment of the employer’s…
The sums owed to public works contractors may not be subject to seizure or opposition to the detriment of either employees or creditor suppliers in respect of supplies of materials of any kind used in the construction of works. Sums due to employees as wages are paid in preference to those due to suppliers.
The following may bring a direct action or claim special privileges: 1° Under the conditions set out inarticle 1798 of the Civil Code, employees in the building and public works sectors; 2° Under the conditions set out in 1° and 3° of article 2332 of the Civil Code, employees of agricultural businesses; 3° Under the conditions set out in 4° of Article 2332 of the Civil Code, employees of home…
All employers are prohibited from 1° To annex to his establishment a commissary intended for the direct or indirect sale to employees and their families of foodstuffs or goods of any kind whatsoever ; 2° To require employees to spend all or part of their wages in shops designated by the employer.
The prohibition set out in Article L. 3254-1 does not apply in the following cases: 1° Where the contract of employment stipulates that the employee who is provided with board and lodging shall also receive a fixed salary in money; 2° Where, for the performance of an employment contract, the employer transfers supplies to the employee at cost price.
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is a Registered Trademark of
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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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