Section 1: Due diligence

The checks required of the person entering into a contract, as set out in articles L. 8254-1 and L. 8254-3, are mandatory for any transaction worth at least €5,000 excluding tax.

The person required to carry out the checks provided for in article L. 8254-1 must ensure that, when the contract is concluded, his co-contractor provides him with a list of the names of the foreign employees employed by the latter and subject to the work permit provided for in article L. 5221-2. This list, drawn up on the basis of the single personnel register, specifies for each employee: 1° The…

When the contract is concluded with a service provider established abroad who posts employees to France for the performance of this contract, under the conditions defined in Article L. 1262-1, it shall be provided, when the contract is concluded, with a list of the names of the foreign employees subject to work authorisation, including the information provided for in Article D. 8254-2.

With the exception of private individuals, the list of names of foreign employees requiring work permits is sent every six months until the end of the contract.

For temporary employment undertakings, the communication of the list of names provided for in article D. 8254-2 is deemed to have been completed when the information relating to the foreign employee appears in the secondment contract signed with the user.

Any enforcement officer who observes the recruitment or employment of a foreign national who does not hold a permit authorising him or her to work as an employee in France by the co-contractor referred to in article D. 8254-2, shall ascertain from the person to whom this same article applies that the co-contractor has provided him or her with a list of the names of foreign employees subject to work…