Article R7123-35 of the French Labour Code
November 1, 2023
If the guarantor disputes the existence, due date or amount of the claim, the employee or the social security body may take the guarantor directly to court.
If the guarantor disputes the existence, due date or amount of the claim, the employee or the social security body may take the guarantor directly to court.
The guarantor who has paid the sums defined in article R. 7123-20 is subrogated, to the same extent, in all the rights of the employees, social security bodies and social institutions against the modelling agency. The guarantor shall inform the user concerned and the Prefect of the payment of these sums.
In the event of termination of the guarantee, the guarantor shall inform the following by registered letter with acknowledgement of receipt, within three days of the date on which he is informed, in the district of the head office of the modelling agency:1° The regional directorate for companies, competition, consumption, labour and employment;2° The body responsible for collecting social security contributions.
In the event of insufficient security, the user is substituted for the modelling agency for the payment of the sums defined in article R. 7123-20 which remain due by the agency in respect of the services provided by the models on behalf of this user. This rule applies notwithstanding any agreement to the contrary and the obligations that arise for the modelling agency from the provisions relating to insurance against…
The employees and the social security bodies have a direct claim against the user thus substituted for the sums still owed to the modelling agency by this user for the provision of the employees.
The user who has paid the sums defined in article R. 7123-20 that are still due is subrogated, up to the same amount, to all the rights of the employees and the social security bodies against the modelling agency.
When a social security body sues a user, substituted for a modelling agency due to insufficient security, for the reimbursement of social security benefits for failure to pay the contributions due, the sum claimed may not exceed the amount of the contributions due for the employees temporarily made available to the user by this agency.
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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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