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.
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.
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.
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…
The penalty provided for in Article L. 1221-11 in the event of failure to comply with the obligation to make a declaration prior to recruitment is recovered in accordance with the procedures and under the conditions laid down : 1° In sectors other than agriculture, in article R. 243-19 of the Social Security Code ; 2° In the agricultural sector, in article L. 725-3 of the Rural and Maritime Fishing…
The body referred to in article R. 1221-3 communicates the information contained in the pre-employment declaration to each administration, service, body or institution concerned by one or other of the declarations or requests provided for in article R. 1221-2, in accordance with their respective responsibilities. These final recipients alone are competent to assess the validity of the declarations and information transmitted concerning them.
The procedures for the transmission referred to in Article R. 1221-14 are laid down by means of agreements concluded : 1° Either by the Agence centrale des organismes de sécurité sociale with : a) The Minister for Employment ; b) Pôle emploi ; c) The Caisse nationale de l’assurance maladie ; d) The Caisse nationale d’assurance vieillesse ; 2° Or by the Caisse Centrale de la Mutualité Sociale Agricole with…
The body referred to in article R. 1221-3 shall keep the data contained therein for a period of six months from the date of receipt for the purposes of the administrations, departments, bodies or institutions concerned.
The body referred to in Article R. 1221-3 sends Pôle emploi the following information from the pre-employment declaration: 1° The employer’s identification details ; 2° The employee’s national identification number; 3° The employee’s date of recruitment, gender and date of birth; 4° The nature and duration of the employment contract; 5° The length of the trial period.
On the basis of the data in the pre-employment declaration sent to it by the body referred to in Article R. 1221-3, the Caisse nationale d’assurance vieillesse des travailleurs salariés (National Old-Age Insurance Fund for Employees) verifies that the employee’s registration number in the national register for the identification of natural persons (NIR) or the pending identification number (NIA) shown on the said declaration corresponds to the civil status data…
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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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