An employers’ group may be set up to make replacements available to: 1° Managers of farms or businesses mentioned in 1° to 4° of Article L. 722-1 of the Rural and Maritime Fishing Code; 2° Managers of craft, industrial or commercial businesses; 3° Individuals practising a liberal profession and non-salaried members of their families working on the farm or in the business and their employees.
The main activity of the employers’ group referred to in article R. 1253-14 is to replace the persons referred to in that article in the event of: 1° Temporary impediment resulting from illness, accident, maternity or death; 2° Temporary absences related to leave of any kind, vocational training or the exercise of a professional, trade union or elective mandate.
The main activity of the employers’ group represents at least 80% of the hours worked in the calendar year by the group’s employees.
Only the persons referred to in article R. 1253-14 whose business or professional premises are located within the geographical area of the employers’ group, as specified in the Articles of Association, are entitled to join.
Only the persons mentioned in article R. 1253-14 who have joined the consortium may benefit from the provision of an employee by the consortium.
The employers’ group shall submit an application for approval to the Regional Director of Enterprise, Competition, Consumer Affairs, Labour and Employment for the department in which the employers’ group has its registered office. Where several administrative authorities are responsible for monitoring compliance with employment legislation by the various members of the group, the declaration is sent to the regional director of companies, competition, consumption, labour and employment.
The application for approval must be accompanied by the information and documents listed at 1° to 5° of article D. 1253-1, as well as the collective agreement that the employers’ group intends to apply. The application for approval must be dated and signed by the person authorised to do so by the group. It must be sent within one month of its formation, by registered letter with acknowledgement of receipt.
To be approved, an employers’ group must meet the following conditions: 1° The collective agreement it intends to apply must be the one best suited to the activity of its various members and to the jobs performed by its employees; 2° Its articles of association must define the geographical area in which the employment contracts of the employees it intends to employ will be executed and provide that these contracts…
The administrative authority has one month following receipt of the application for approval to notify the employers’ group of its decision. If approval is refused, reasons must be given for the decision. This notification is sent by registered letter with acknowledgement of receipt. If no notification is received within one month of receipt of the application, approval is deemed to have been refused.
The employers’ and employees’ organisations that are representative in the field of the chosen collective agreement are informed by the administrative authority of the approvals issued.
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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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