Article D1247-2 of the French Labour Code
November 5, 2023
After the fifteen-day period provided for in 3° of article D. 1247-1, the employee’s tacit acceptance is deemed to have been obtained.
After the fifteen-day period provided for in 3° of article D. 1247-1, the employee’s tacit acceptance is deemed to have been obtained.
Pursuant to 3° of Article L. 1251-6, the sectors of activity in which assignment contracts may be concluded for jobs for which it is common practice not to use open-ended employment contracts, due to the nature of the activity carried out and the temporary nature of these jobs, are as follows: 1° Forestry operations ; 2° Ship repair; 3° Removals; 4° Hotels and restaurants; 5° Leisure and holiday centres; 6°…
The exemption provided for in 2° of Article L. 1251-10 is granted by the Regional Director for Business, Competition, Consumer Affairs, Labour and Employment.
The decision of the industrial tribunal hearing an application to reclassify a temporary employment contract as a permanent employment contract, pursuant to article L. 1251-41, is enforceable by operation of law on a provisional basis.
The prior declaration of a temporary employment undertaking provided for in Article L. 1251-45 shall include the following information: 1° An indication of the planned operation: creation of a temporary employment undertaking, opening of a branch, agency or branch office, relocation of the registered office or cessation of activity; 2° The name, registered office and legal status of the undertaking and, where applicable, the location of the branch, agency or…
The prior declaration is dated and signed by the temporary employment contractor. Two copies must be sent by registered post to the Labour Inspectorate responsible for the company’s head office. It must also be sent under the same conditions to the Labour Inspectorate responsible for the branch, agency or sub-office that is due to open.
The Labour Inspectorate monitoring officer, after checking that the prior declaration complies with the obligations set out in articles R. 1251-4 and R. 1251-5, returns a stamped copy to the sender within fifteen days of receipt. The company, branch, agency or sub-office may not commence operations before receipt of the document referred to in the first paragraph or the expiry of the period provided for in that paragraph.
For the application of article L. 1251-46, before the 20th of each month, the temporary employment agency sends Pôle emploi a statement of the assignment contracts concluded during the previous month(s) and terminated or in progress during the previous month. A separate statement is drawn up for each establishment hosting one or more employees made available to the company. Pôle emploi provides the regional directorates for companies, competition, consumption, labour…
The statement of assignment contracts complies with a model laid down by order of the Minister for Employment. The statement includes for each user company: 1° The company name, address and main activity of the establishment for which the employee works, the address of the place where the assignment is to be carried out if this is different from the address of the establishment and, optionally, the Siret number or,…
The temporary employment agency shall inform, by any means, the temporary employees of each establishment: 1° Of the communication of nominative information contained in the statements of assignment contracts to Pôle emploi and to the regional director of companies, competition, consumption, work and employment territorially competent; 2° The rights of access and rectification provided for in Articles 39 and 40 of the aforementioned Act of 6 January 1978, which the…
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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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