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Article L1255-15 of the French Labour Code

A fine of €3,750 shall be imposed if a company other than that referred to in article L. 1255-14 concludes a freelance administration contract without fulfilling the conditions required to carry out this activity pursuant to articles L. 1254-24 to L. 1254-27.

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Article L1255-16 of the French Labour Code

The following is punishable by a fine of €3,750 if a client company: 1° Employs a ported employee outside the cases provided for in Article L. 1254-3 ; 2° Disregards the prohibitions on employing a ported employee provided for in Articles L. 1254-4 and L. 1254-5 ; 3° Failing to enter into a commercial contract with the freelance administration company for the provision of freelance administration services within the period…

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Article L1255-17 of the French Labour Code

Disregarding, directly or through an intermediary, the ban on carrying out the activity of freelance administration ordered by the court pursuant to the last paragraph of article L. 1255-14 is punishable by six months’ imprisonment and a fine of €6,000.

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Article L1255-18 of the French Labour Code

In all the cases provided for in this section, the court may order, as an additional penalty, the display or dissemination of all or part of the decision, or of a press release informing the public of the reasons for and the terms of the decision, at the expense of the convicted contractor or client company, under the conditions provided for inArticle 131-35 of the Criminal Code, and its publication,…

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Article L1261-1 of the French Labour Code

The provisions of this Title shall apply subject, where applicable, to those of treaties, conventions or agreements duly ratified or approved and published, and in particular the Treaties establishing the European Communities and the acts of the authorities of those Communities adopted in implementation of those Treaties.

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Article L1261-2 of the French Labour Code

The obligations and prohibitions that apply to French companies when they use service providers, in particular those relating to illegal employment mentioned in Article L. 8211-1, apply under the same conditions when the services are provided by companies established outside France that second staff to the national territory, in accordance with the procedures defined by decree of the Conseil d’Etat.

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Article L1261-3 of the French Labour Code

For the purposes of this Title, a seconded employee is any employee of an employer who is duly established and carries out his activity outside France and who, while habitually working on behalf of the latter outside the national territory, carries out his work at the request of this employer for a limited period on the national territory under the conditions defined in Articles L. 1262-1 and L. 1262-2 .

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Article L1262-1 of the French Labour Code

An employer established outside France may temporarily second employees to France, provided that an employment contract exists between the employer and the employee and that their employment relationship continues during the period of secondment. The secondment is carried out : 1° Either on behalf and under the direction of the employer, under a contract concluded between the latter and the recipient of the service established or operating in France ;…

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Article L1262-2 of the French Labour Code

Provided that an employment contract exists between the temporary employment undertaking and the employee and that their employment relationship continues during the period of secondment, an undertaking carrying out temporary employment activities established outside national territory may temporarily second employees: 1° To a user undertaking established on national territory; 2° To a user undertaking established outside national territory and temporarily carrying out an activity on national territory. The provisions of…

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Article L1262-2-1 of the French Labour Code

I.-An employer who posts one or more employees, under the conditions set out in 1° and 2° of article L. 1262-1 and article L. 1262-2, must submit a declaration, prior to the posting, to the Labour Inspectorate of the place where the service begins. II – The employer referred to in I of this article shall appoint a representative of the company on national territory, responsible for liaising with the…

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