Bargaining, defined as any profit-making supply of labour that has the effect of causing prejudice to the employee concerned or evading the application of legal provisions or the stipulations of a collective labour agreement, is prohibited.
When a company manager concludes a contract for the performance of work or the supply of services with a contractor who recruits the necessary labour himself and the latter is not the owner of a business or a craft business, the company manager shall comply, with regard to the contractor’s employees employed in his establishment or the outbuildings thereof and subject to the same penalties as for his own employees,…
In the event of default by the subcontractor, to whom recourse is had under the conditions set out in article L. 8232-1, the principal shall incur the following liabilities, notwithstanding any stipulation to the contrary: 1° If the work is carried out or the services provided in his establishment or in the outbuildings thereof, the head of the undertaking is substituted for the subcontractor in respect of the employees employed…
In the cases provided for in this chapter, the injured employee, the social security and family allowance bodies and the paid holiday fund may, in the event of the contractor’s default, take direct action against the head of the company for whom the work was carried out.
Representative trade union organisations may bring all legal actions resulting from the application of the provisions of this Title on behalf of an employee without having to prove that they have a mandate from the person concerned. All that is required is that the employee has been notified, under conditions determined by regulation, and has not objected within a period of fifteen days from the date on which the trade…
The offence of “marchandage”, as defined in article L. 8231-1, is punishable by two years’ imprisonment and a fine of €30,000. The penalties are increased to five years’ imprisonment and a fine of €75,000: 1° When the offence is committed against more than one person ; 2° When the offence is committed against a person whose vulnerability or state of dependence is apparent or known to the perpetrator. The penalties…
Legal entities found to be criminally liable, under the conditions set out inArticle 121-2 of the French Penal Code, for the offence of bargaining as defined in Article L. 8231-1 shall be subject to the following penalties : 1° A fine under the conditions set out inarticle 131-38 of the French Criminal Code ; 2° The penalties mentioned in 1° to 5°, 8°, 9° and 12° of article 131-39 of…
The imposition of the additional penalty of temporary closure of the establishment referred to in 4° of article 131-39 of the French Criminal Code does not result in the termination or suspension of the employment contract or in any financial prejudice to the employees of the establishment concerned.
Any profit-making operation whose sole purpose is the loan of labour is prohibited. However, these provisions do not apply to operations carried out within the framework of : 1° The provisions of this Code relating to temporary work, timeshare companies and the operation of a modelling agency when this is carried out by a person holding a modelling agency licence; 2° The provisions of article L. 222-3 of the French…
Non-profit lending of labour is authorised. In this case, articles L. 1251-21 to L. 1251-24, 2° and 3° ofarticle L. 2312-6, 9° of II ofarticle L. 2312-26 andarticle L. 5221-4 of this Code as well as articles L. 412-3 to L. 412-7 of the Social Security Code are applicable. Non-profit lending of labour between companies requires : 1° The agreement of the employee concerned ; 2° A secondment agreement between…
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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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