French Business Law - French Legislation

Article R4163-39 of the French Labour Code

November 4, 2023

The commission issues a reasoned opinion on the basis of a file comprising: 1° The employee’s claim and the employer’s rejection decision or, in the event of implicit rejection, the acknowledgement of receipt of the claim; 2° Information held by the management body or received from each of the parties; 3° Information provided by the labour administration services and the funds referred to inarticle L. 723-2 of the Rural and…

Article R4163-40 of the French Labour Code

November 4, 2023

The body may, if it considers it necessary, ask the employee and the employer to provide it with any document that may be useful in investigating the case. It may also collect any relevant information from the employee or employer or carry out or arrange for an on-site check to verify the extent of the employee’s exposure.

Article R4163-41 of the French Labour Code

November 4, 2023

After receiving the reasoned opinion of the committee referred to in Article R. 4163-37, the director of the local managing body notifies the employee and the employer of his decision, indicating the appeal procedures and deadlines, by any means that can be used to certify the date of receipt. It may impose the penalty referred to in article R. 4163-33 as part of its decision. The notification sent to the…

Article R4163-42 of the French Labour Code

November 4, 2023

The managing body at national level draws up guidelines to ensure the harmonisation of decisions made by managing bodies at local level.

Article R4163-43 of the French Labour Code

November 4, 2023

The director of the managing body at national level may entrust one or more managing bodies at local level with the powers of inspection and complaint provided for in articles L. 4163-16 and L. 4163-18. The implementation procedures are set out in an agreement drawn up between the director of the managing body at national level and the directors of the managing bodies at local level.

Article R4163-44 of the French Labour Code

November 4, 2023

The agents referred to in the second paragraph of article L. 4163-16 are sworn and approved under the conditions defined by order of the Minister for Social Security, Labour and Agriculture to carry out the inspections provided for in the same article and the tasks relating to the settlement of disputes between an employer and an employee provided for in article L. 4163-18. In the event of an infringement, they…

Article R4163-45 of the French Labour Code

November 4, 2023

An appeal lodged with the specially designated court against a decision covered by the second paragraph of article L. 4163-18 is not subject to the ex gratia procedure provided for in articles R. 142-1 to R. 142-6 of the Social Security Code. The procedure referred to in the first paragraph of article L. 4163-18 of this code is a matter of public policy. If this procedure is not followed, the…

Article D4163-46 of the French Labour Code

November 4, 2023

In the event of an appeal to the courts against a decision of the local managing body, the employer or the employee is called to the case when the appeal is lodged by the employee or the employer respectively. In both cases, the employee may be assisted or represented by the persons listed inarticle L. 144-3 of the Social Security Code.

Article D4163-47 of the French Labour Code

November 4, 2023

The reimbursement to the body managing the professional prevention account at local level in respect of the expenses mentioned in 1° and 2° of article L. 4163-7 corresponds to the expenses incurred in this respect by this body pursuant to articles R. 4163-11, R. 4163-21 and D. 4163-29. Expenses corresponding to the reimbursements mentioned in 1° of article L. 4163-7 are attached to the accounting year during which the last…

Article D4163-48 of the French Labour Code

November 4, 2023

The reimbursement to the general social security scheme of the sums representing the assumption of responsibility for the increased insurance periods referred to in 3° of I of article L. 4163-7 is equal, in respect of a calendar year, to the product of : 1° A lump sum corresponding to the amount of contributions paid, in application of I of article L. 351-14-1 of the Social Security Code, by an…

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Part four: Health and safety at work

Article R4163-39 of the French Labour Code

Article R4163-40 of the French Labour Code

Article R4163-41 of the French Labour Code

Article R4163-42 of the French Labour Code

Article R4163-43 of the French Labour Code

Article R4163-44 of the French Labour Code

Article R4163-45 of the French Labour Code

Article D4163-46 of the French Labour Code

Article D4163-47 of the French Labour Code

Article D4163-48 of the French Labour Code

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Part four: Health and safety at work

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