Sub-paragraph 3: Implementation of the guarantee

The temporary employment contractor is considered to be in default within the meaning of article L. 1251-52 if, at the end of a period of fifteen days following receipt of a formal notice, it has not paid all or some of the debts listed in article L. 1251-49. The formal notice may be issued either by an employee or by a social security body or social institution, provided that their…

As soon as it is established that the temporary employment contractor is in default, the holder of one of the claims defined in article L. 1251-49 may send the guarantor a request for payment by registered letter with acknowledgement of receipt or by delivery against receipt. When a temporary work agency is the subject of safeguard, receivership or liquidation proceedings, the court-appointed agent or liquidator sends the guarantor, within ten…

The guarantor shall pay the sums due within ten days of receipt of the request for payment. Where the balance of the payments requested exceeds the amount of the financial guarantee, claims of the same nature shall be settled in proportion to each claim.

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 L. 1251-49 is subrogated, to the same extent, in all the rights of the employees, social security bodies and social institutions against the temporary employment contractor.