Subsection 1: Pre-employment declaration.

An employee may only be recruited after the employer has made a declaration of the employee’s name to the social security bodies designated for this purpose. The employer must complete this declaration at all workplaces where employees are employed.

Failure to comply with the obligation to make a declaration prior to recruitment, as ascertained by the agents mentioned in article L. 8271-7, will result in a penalty equal to three hundred times the hourly rate of the guaranteed minimum provided for in article L. 3231-12.

A decree of the Conseil d’Etat shall determine : 1° The conditions under which the pre-employment declaration is made ; 2° The procedures for recovery of the penalty provided for in article L. 1221-11.

The following are required to submit their pre-employment declarations electronically: 1° Employers whose staff come under the general social security scheme, other than private individuals employing an employee in their service, and whose number of pre-employment declarations made during the previous calendar year exceeds a threshold set by decree; 2° Employers whose staff are covered by the agricultural social protection scheme and whose number of pre-employment declarations made during the…