Paragraph 2: Financial guarantee and default by the temporary employment agency.

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.

In the event that the temporary employment agency defaults and the surety is insufficient, the user company is substituted for the temporary employment agency for the payment of the sums still owed to the temporary employees and to the social security bodies or social institutions to which these employees belong, for the duration of the assignment carried out in the company.

The conditions of application of this paragraph shall be determined by decree of the Conseil d’Etat.