The temporary employment contractor is considered to be in default within the meaning of article L. 1251-52 if, at the end of a period of fifteen days following receipt of a formal notice, it has not paid all or some of the debts listed in article L. 1251-49. The formal notice may be issued either by an employee or by a social security body or social institution, provided that their…
As soon as it is established that the temporary employment contractor is in default, the holder of one of the claims defined in article L. 1251-49 may send the guarantor a request for payment by registered letter with acknowledgement of receipt or by delivery against receipt. When a temporary work agency is the subject of safeguard, receivership or liquidation proceedings, the court-appointed agent or liquidator sends the guarantor, within ten…
The guarantor shall pay the sums due within ten days of receipt of the request for payment. Where the balance of the payments requested exceeds the amount of the financial guarantee, claims of the same nature shall be settled in proportion to each claim.
If the guarantor disputes the existence, due date or amount of the claim, the employee or the social security body may take the guarantor directly to court.
The guarantor who has paid the sums defined in article L. 1251-49 is subrogated, to the same extent, in all the rights of the employees, social security bodies and social institutions against the temporary employment contractor.
The substitution of the user undertaking for the temporary employment undertaking, as provided for in article L. 1251-52, applies notwithstanding any agreement to the contrary and notwithstanding the insurance obligations against the risk of non-payment that result from the provisions of articles L. 3253-6 to L. 3253-21.
In the case provided for in Article L. 1251-52, the employee or the social security body or social institution, or, in the event of safeguard, receivership or compulsory liquidation proceedings, the court-appointed agent or liquidator shall inform the user undertaking of the inadequacy of the security by sending it a request for payment of the outstanding sums by registered letter with acknowledgement of receipt or delivered against receipt. The user…
Employees, social security bodies and social institutions have a direct claim against the substitute user undertaking, even when the latter has paid all or part of the sums it owes to the temporary employment contractor for the provision of the employees.
The user undertaking that has paid the sums defined in article L. 1251-49 that are still due is subrogated, to the same extent, in all the rights of the employees, social security bodies or social institutions against the temporary employment contractor.
When a social security body sues a user undertaking, substituted for a temporary employment contractor due to insufficient security, for the reimbursement of social security benefits for failure to pay the contributions due, the sum claimed may not exceed the amount of the contributions due for the employees made available to the user undertaking by the temporary employment contractor.
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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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