When a temporary employment undertaking makes an employee available to a user undertaking, these undertakings shall conclude a written secondment contract, at the latest within two working days of the employee being made available.
The secondment contract drawn up for each employee shall include : 1° The reason for using the temporary employee. This statement must be accompanied by precise justification, including, in particular, in the case of replacements as provided for in 1°, 4° and 5° of article L. 1251-6, the name and qualifications of the person being replaced or to be replaced; 2° The term of the assignment; 3° Where applicable, the…
Any clause prohibiting the user company from taking on the temporary employee at the end of his assignment is deemed unwritten.
Temporary work contractors may only operate after making a declaration to the administrative authority and obtaining a financial guarantee in accordance with article L. 1251-49. A prior declaration is also required when a temporary work contractor moves the registered office of its business or opens branches, agencies or sub-offices. Any temporary work agency ceasing its activities must declare this to the administrative authorities.
The temporary employment agency provides the statement of assignment contracts to the institution mentioned in Article L. 5312-1, in particular for the purpose of verifying employees’ entitlement to the replacement income provided for in Article L. 5421-2. This institution communicates the information to the administrative authority in order to carry out its control missions.
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.
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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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