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Article L1262-2-2 of the French Labour Code

The conditions under which the employers referred to in articles L. 1262-1 and L. 1262-2 are required to transmit, by electronic means, the declaration referred to in I of article L. 1262-2-1 of this code or the certificate referred to in article L. 1331-1-1 of the transport code are set by decree in the Conseil d’Etat issued after consultation with the Commission nationale de l’informatique et des libertés.

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Article L1262-3 of the French Labour Code

An employer may not rely on the provisions applicable to the secondment of employees when, in the State in which it is established, it carries out activities relating solely to internal or administrative management, or when its activity is carried out on national territory on a regular, stable and continuous basis. In particular, he may not rely on these provisions when his activity involves seeking out and canvassing customers or…

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Article L1262-4 of the French Labour Code

I.-The employer temporarily seconding an employee to the national territory guarantees him equal treatment with employees employed by companies in the same branch of activity established on the national territory, by ensuring compliance with the legal provisions and contractual stipulations applicable to employees employed by companies in the same branch of activity established on the national territory, in terms of labour legislation, with regard to the following matters: 1° Individual…

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Article L1262-4-1 of the French Labour Code

I.-A client or project owner who enters into a contract with a service provider who posts employees, under the conditions mentioned in articles L. 1262-1 and L. 1262-2, shall check with the latter, before the posting begins, that it has fulfilled the obligations mentioned in I and II of article L. 1262-2-1. If his co-contractor has not provided him with a copy of the declaration referred to in I of…

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Article L1262-4-2 of the French Labour Code

Article L. 1262-4-1 does not apply to individuals who contract with a service provider established outside France for their personal use, that of their spouse, their partner in a civil solidarity pact, their cohabitee or their ascendants or descendants.

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Article L1262-4-3 of the French Labour Code

The client or instructing party, informed in writing by one of the control officers mentioned in article L. 8271-1-2 of the partial or total non-payment of the legal or contractual minimum wage due to the employee, posted within the meaning of article L. 1261-3, by its co-contractor, by a direct or indirect subcontractor or by a co-contractor of a subcontractor, immediately enjoins, in writing, this subcontractor or this co-contractor, as…

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Article L1262-4-4 of the French Labour Code

When a seconded employee is the victim of an accident at work, a declaration is sent to the Labour Inspectorate of the place where the accident occurred. This declaration is made, within a time limit and in accordance with the procedures laid down by decree in the Conseil d’Etat, by : 1° The employer, when the employee is seconded in accordance with the procedures mentioned in 3° of article L….

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Article L1262-4-5 of the French Labour Code

On building or civil engineering sites covered by article L. 4532-10, the project owner shall inform posted employees, by means of posters in the workplace, of the regulations applicable to them pursuant to article L. 1262-4. The notice shall be easily accessible and translated into one of the official languages spoken in each of the States to which the posted employees belong. A decree shall determine the conditions for implementing…

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Article L1262-5 of the French Labour Code

A decree of the Conseil d’Etat shall determine : 1° The conditions and procedures for application of the provisions relating to the matters listed in article L. 1262-4 ; 2° The conditions under which declaratory formalities are required of foreign service providers; 3° The exemptions from formalities from which they benefit; 4° The procedures for appointing and the powers of the representative referred to in II of Article L. 1262-2-1…

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Article L1262-6 of the French Labour Code

Without prejudice to article L. 1262-3 and section 2 of this chapter, employers seconding one or more employees under the conditions set out in 1° and 2° of article L. 1262-1 for short-term services and operations or in the context of one-off events and whose seconded employees carry out one of the activities listed by order of the Minister responsible for labour are exempt from the obligations set out in…

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