Article R1253-18 of the French Labour Code
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.
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.
The employers’ group shall subsequently notify the administrative authority of any change in the information mentioned in 1° to 3° of article D. 1253-1 within one month of the change.
The employers’ group shall at all times make available to the administrative authority all documents enabling the latter to verify, for each member of the group, the information mentioned in 5° of article D. 1253-1 and to know the reason, place and duration of the work carried out by each of the group’s employees. These supporting documents are kept for a minimum of five years following the calendar year in…
The administrative authority may ask the employers’ group to choose another collective agreement if the one currently in force is no longer appropriate to the activities of the various members of the group or to the jobs performed by the employees, or if that agreement has ceased to have effect.
The administrative authority may terminate the grouping’s approval, by reasoned decision: 1° Where the legal provisions relating to employer groups are not complied with; 2° Where the stipulations of the collective agreement chosen are not complied with; 3° Where the grouping does not comply with the administrative authority’s request to choose a new collective agreement pursuant to article R. 1253-26.
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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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