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Article R1263-11-5 of the French Labour Code

When the provision of services relates to work carried out on a building or public works site, the decision of the Regional Director of Enterprises, Competition, Consumption, Labour and Employment is notified simultaneously to the project owner and to the person in charge of the site. The project owner shall take the necessary measures to prevent any risk to the health or safety of workers on the site concerned, as…

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Article R1263-11-6 of the French Labour Code

The Regional Director of Companies, Competition, Consumer Affairs, Labour and Employment shall terminate the temporary suspension or temporary ban on the provision of services in the light of the proof of regularisation provided by the employer’s representative or, failing this, in the cases provided for in 3° of Article L. 1262-1 and for the activities mentioned in Article L. 1262-6, by the employer, or by the project owner or the…

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Article R1263-12 of the French Labour Code

The project owner or client who has a contract with an employer established outside France shall request the following documents from his co-contractor before the start of each posting of one or more employees: a) Acknowledgement of receipt of the secondment declaration made via the “SIPSI” tele-service of the Ministry of Employment, in accordance with articles R. 1263-5 and R. 1263-7 ; b) A sworn statement certifying that the co-contractor…

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Article R1263-12-1 of the French Labour Code

For the application of II of article L. 1262-4-1, the project owner shall ask the subcontractor established outside France, before the start of each posting of one or more employees on national territory, for the acknowledgement of receipt of the posting declaration sent to the departmental unit mentioned in article R. 1263-4-1, in accordance with the provisions of article R. 1263-6-1. Before the start of each posting of one or…

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Article R1263-13 of the French Labour Code

The declaration to be made by the project owner or the instructing party, pursuant to the second paragraph of article L. 1262-4-1, when his co-contractor has not sent him the acknowledgement of receipt of the posting declaration for which he is responsible pursuant to the first paragraph of article L. 1262-2-1, shall be sent to the competent territorial unit mentioned in articles R. 1263-4-1 and R. 1263-6-1 using the “SIPSI”…

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Article R1263-14 of the French Labour Code

The declaration by the project owner or principal referred to in article R. 1263-13, the model for which is set by order of the Minister for Employment, includes the following information: 1° The name or company name, postal and electronic addresses, telephone numbers, main activity of the headmaster or client making the declaration, as well as its individual tax identification number for the purposes of liability to value added tax…

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Article R1263-16 of the French Labour Code

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…

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Article R1263-17 of the French Labour Code

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.

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