In application of article L. 1251-50, the financial guarantee may only result from a single guarantee undertaking. The undertaking may only be given by a collective guarantee body if it is approved by the ministers responsible for labour and the economy.
The amount of the financial guarantee is calculated, for each temporary work agency, as a percentage of the turnover excluding tax achieved during the last financial year, certified by a chartered accountant within six months of the end of the financial year. The turnover used to calculate the financial guarantee relates exclusively to the temporary work activity. If the last financial year does not last twelve months, the turnover recorded…
In the event of the takeover or merger of temporary employment undertakings, the amount of the guarantee of the undertaking thus formed may not be less than the amount of the combined guarantees of these undertakings. In the event of a partial contribution of assets, the guarantee of the undertaking receiving the contribution is increased according to the increase in turnover resulting from this contribution. In the event of the…
For each of its establishments, the temporary work agency is in possession of a guarantee certificate issued by the guarantor. The certificate indicates in particular the name and address of the guarantor, the amount, the effective date and the expiry date of the guarantee granted. The certificate is made available to the Labour Inspectorate and to the inspectors of the social security bodies and social institutions mentioned in article L….
All documents concerning the temporary employment undertaking, in particular supply contracts and assignment contracts, mention the name and address of its guarantor as well as the reference to article L. 1251-49. This information, as well as the dates on which the guarantee takes effect and expires, is displayed in a visible place in each establishment.
A joint order by the ministers responsible for labour, social security and agriculture sets out the models for the certificates provided for in articles L. 1251-51 and R. 1251-14.
The financial guarantee may only be granted by mutual guarantee companies if their sole purpose is to guarantee the claims defined in article L. 1251-49.
The guarantee undertaking provided for in article R. 1251-11 may only be given by an approved collective guarantee body, an insurance company, a bank or a financial institution authorised to give guarantees if the body, company, bank or financial institution can legally carry on business in France.
The guarantee commitment is the subject of a written contract specifying the conditions and the amount of the guarantee granted as well as the terms and conditions of the accounting control that the guarantor may exercise over the temporary employment undertaking. This contract provides for the waiver by the guarantor, in the event of default by the temporary employment undertaking, of the benefit of discussion provided for in articles 2305…
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…
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75001, Paris France
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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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