I.-As an exception to the last paragraph ofarticle L. 8241-1 and under the conditions set out in this article, a company may make its employees available on a temporary basis to a young company or a small or medium-sized company, in order to enable it to improve the skills of its workforce, to promote professional transitions or to form a business partnership or a partnership of common interest. The scheme…
Representative trade union organisations may take all legal action resulting from 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 union organisation notified…
Unlawful lending of labour in breach of the provisions of article L. 8241-1 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…
Legal entities found to be criminally liable, under the conditions set out inArticle 121-2 of the French Penal Code, for the offence of unlawful lending of labour as provided for in Article L. 8241-1 are liable to the following penalties: 1° A fine under the conditions set out inarticle 131-38 of the French Penal Code ; 2° The penalties mentioned in 1° to 5°, 8°, 9° and 12° of article…
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.
No person may, directly or indirectly, recruit, retain in his service or employ for any period whatsoever a foreigner who does not hold a permit authorising him to work as an employee in France. It is also forbidden for any person to employ or retain a foreigner in a professional category, profession or geographical area other than those mentioned, where applicable, on the permit provided for in the first paragraph.
No one may, directly or indirectly, knowingly use the services of an employer of a foreign national who is not authorised to work.
A foreign employee employed in disregard of the provisions of the first paragraph of article L. 8251-1 shall, from the date of his recruitment, be treated in the same way as an employee duly employed with regard to the employer’s obligations as defined by this Code: 1° For the application of the provisions relating to pre- and post-natal employment ban periods and breastfeeding, provided for in articles L. 1225-29 to…
The foreign employee is entitled, in respect of the period of unlawful employment : 1° To payment of salary and related benefits, in accordance with the legal provisions, collective bargaining agreements and contractual stipulations applicable to his employment, after deduction of sums previously received in respect of the period in question. In the absence of proof to the contrary, the sums due to the employee correspond to an employment relationship…
The foreign employee referred to in Article L. 8252-1 benefits from the provisions of Chapter III of Title V of Book II of Part Three relating to wage insurance and liens for the sums due to him pursuant to this Article.
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is a Registered Trademark of
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182, rue de Rivoli
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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