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Title II: Formation and performance of the employment contract

Article R1221-1 of the French Labour Code

The pre-recruitment declaration includes the following information: 1° Company name or surname and forenames of the employer, APE code, address of the employer, identification system number for the register of companies and their establishments and the occupational health service to which the employer belongs if it is covered by the general social security scheme; 2° The employee’s surname, first names, gender, date and place of birth and national identification number…

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Article R1221-2 of the French Labour Code

By means of the pre-employment declaration, the employer completes the following declarations and requests: 1° The employer’s registration with the general social security scheme, in the case of a non-agricultural employee, as provided for inarticle R. 243-2 of the Social Security Code, or the employer’s registration with the national establishment for naval invalids, if the declaration relates to an employed seaman; 2° Registration of the employee with the primary health…

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Article R1221-3 of the French Labour Code

The pre-recruitment declaration is sent by the employer : 1° Either to the body responsible for collecting contributions under the general social security scheme in whose territorial jurisdiction the establishment that is to employ the employee is located and to the occupational health service mentioned in 1° of article R. 1221-1 ; 2° Or, in the case of an employee covered by the agricultural social protection scheme, to the caisse…

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Article R1221-5 of the French Labour Code

The pre-employment declaration is made electronically. If electronic means are not available, the declaration is made using a form laid down by order of the ministers responsible for labour and social security and, where the declaration concerns an employee covered by the agricultural social protection scheme, by the minister responsible for agriculture. The employer sends this form, signed by him, to the body mentioned in article R. 1221-3 by fax…

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Article R1221-6 of the French Labour Code

When the declaration is made electronically by an employer covered by the general social security scheme who has previously registered with an authentication service, the formality is deemed to have been completed by providing the identification number of the employing establishment, the national identification number of the employee if he/she is already registered with the social security scheme and if he/she has already been the subject of a declaration prior…

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Article R1221-7 of the French Labour Code

The recipient body will send the employer a document acknowledging receipt of the declaration and mentioning the information recorded, within five working days of receipt of the declaration form. If the employer does not contest the information contained in this document within two working days of receiving it, the document constitutes proof of the declaration.

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Article R1221-8 of the French Labour Code

The employer keeps the notice of receipt until the declaration provided for in article R. 243-14 of the Social Security Code for non-agricultural employees and article R. 741-2 of the Rural and Maritime Fishing Code for agricultural employees has been made.

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Article R1221-9 of the French Labour Code

When an employee is recruited, the employer must provide him/her with a copy of the declaration prior to recruitment or the acknowledgement of receipt. This obligation is deemed to have been met if the employee has a written contract of employment, together with an indication of the body to which the declaration is addressed.

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Article R1221-12 of the French Labour Code

At the request of any of the enforcement officers referred to in article L. 8271-7, the employer : 1° Present the notice of receipt of the pre-employment declaration if they are still required to keep it pursuant to article R. 1221-8; 2° As long as he has not received the notice of receipt, provides the information enabling them to check that he has indeed made the declaration prior to hiring…

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