Section 6: Obligations and financial responsibility of project owners and principals

Notwithstanding articles R. 3245-1 to R. 3245-4, the obligations and financial liability of project owners and principals in respect of posted employees are governed by the provisions of this section.

From the day of receipt of the injunction referred to in Article L. 1262-4-3, the employer posting employees and, where applicable, the principal contracting with the latter shall inform the project owner or the principal within seven days of the measures taken to put an end to the situation. The client or the instructing party shall immediately forward this information to the enforcement officer who issued the alert or inform…

If the employer does not effectively regularise the situation, the project owner or the principal, if he does not terminate the service provision contract, is jointly and severally liable with the employer for payment of the remuneration and allowances due to each seconded employee and, where the employee is covered by a French social security scheme, the relevant social security contributions due to the bodies responsible for collecting them.

The control officer who issued the alert informs the employees concerned in writing that if the employer, project manager or principal fails to pay their wages, they may take their case to the industrial tribunal to recover the sums due.

The injunctions and information referred to in articles R. 1263-16 to R. 1263-18 shall be issued by any means that confers a date certain.

The poster mentioned in article L. 1262-4-5 provides information on the French labour law regulations applicable to employees posted to France in terms of working hours, minimum wage, accommodation, prevention of falls from height, compulsory personal equipment and the existence of a right of withdrawal. The poster explains how employees can assert their rights. This information, translated into one of the official languages spoken in each of the States to…