Article D8254-1 of the French Labour Code
The checks required of the person entering into a contract, as set out in articles L. 8254-1 and L. 8254-3, are mandatory for any transaction worth at least €5,000 excluding tax.
Home | French Legislation Articles | Part Eight: Monitoring the application of employment legislation | Book II: Combating illegal employment | Title V: Employment of foreign nationals not authorised to work | Chapter IV: Financial solidarity of the principal
The checks required of the person entering into a contract, as set out in articles L. 8254-1 and L. 8254-3, are mandatory for any transaction worth at least €5,000 excluding tax.
The person required to carry out the checks provided for in article L. 8254-1 must ensure that, when the contract is concluded, his co-contractor provides him with a list of the names of the foreign employees employed by the latter and subject to the work permit provided for in article L. 5221-2. This list, drawn up on the basis of the single personnel register, specifies for each employee: 1° The…
When the contract is concluded with a service provider established abroad who posts employees to France for the performance of this contract, under the conditions defined in Article L. 1262-1, it shall be provided, when the contract is concluded, with a list of the names of the foreign employees subject to work authorisation, including the information provided for in Article D. 8254-2.
With the exception of private individuals, the list of names of foreign employees requiring work permits is sent every six months until the end of the contract.
For temporary employment undertakings, the communication of the list of names provided for in article D. 8254-2 is deemed to have been completed when the information relating to the foreign employee appears in the secondment contract signed with the user.
Any enforcement officer who observes the recruitment or employment of a foreign national who does not hold a permit authorising him or her to work as an employee in France by the co-contractor referred to in article D. 8254-2, shall ascertain from the person to whom this same article applies that the co-contractor has provided him or her with a list of the names of foreign employees subject to work…
Independently of the procedure provided for in Articles R. 8253-2 et seq., the Regional Director of Companies, Competition, Consumer Affairs, Labour and Employment informs each person mentioned in the report or notice, by registered letter with acknowledgement of receipt, that the provisions of Article L. 8254-2 may be applied to him/her and that he/she may send observations within a period of fifteen days.
As soon as the fifteen-day period has expired and he has the documents mentioned in the second and third paragraphs of Article D. 8254-11, the Director General of the French Office for Immigration and Integration may order the persons mentioned in Article L. 8254-1 to deposit, without delay, with the Agency’s Accounting Officer, a sum equal to 40% of the amount of the special contribution. This sum is calculated in…
When several persons are mentioned in the official report referred to in article R. 8253-2 in respect of the same foreign employee and the Director General of the Office français de l’immigration et de l’intégration has ordered the deposit, the Director General will divide the amount to be deposited between these persons proportionately.
The Regional Director of Companies, Competition, Consumer Affairs, Labour and Employment checks that the conditions set out in Articles L. 8254-1 et seq. have been met and, if necessary, requests any additional information from the enforcement officer. It sends the Director General of the Office français de l’immigration et de l’intégration (French Office for Immigration and Integration),, its opinion on the arrangements for implementing the special contribution in respect of…
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call us at +33 (0) 1 84 88 31 00 or send us an email.
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
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
Resources
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
Useful links
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call +33 (0) 1 84 88 31 00 or send us an email.
All information exchanged through this website will be communicated to lawyers registered with a French Bar and will remain confidential.