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 claims are certain, liquid and due. It is sent by registered letter with acknowledgement of receipt. The guarantor is informed by the creditor, either by registered letter with acknowledgement of receipt, or by letter delivered against receipt, of the sending of the formal notice.
The temporary employment contractor is also considered to be in default if it is the subject of a safeguard, receivership or compulsory liquidation procedure. In this case, the manager is informed of the judgement, in the same way, by the legal representative or by the liquidator.