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Employment NewsEmployment News

Labour Law I Contract 

A transaction after a con- ventional termination is valid when it occurs after the approval and does not solve a dispute related to the termination of the emplo- yment contract.

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Labour Law I Dismissal

When an employee has been declared permanently unfit to perform his duties by the Labor Medical Adviser, the employers must also offer temporarily vacant positions before dismissing him.

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 Debt Collection NewsDebt Collection News

 

Debt I Interest

The sanction of disqua-lification of interests must be deterrent for the lender.

In other words, the loss to the lender must be significant.

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Posting of employees

If your company wants to post employees temporarily in France, you must comply with several requirements and apply certain provisions specified in the French Labour Code, particularly regarding employees’ pay, working time and working conditions.

These regulations apply in situations where an employer, regularly based outside of France, gives its employees a specific assignment that must be carried out in France, with the intention that, once the assignment has been completed, the employees will return to their home country to work.

The rules for foreign-based companies’ transnational posting of workers to France apply to categories defined as follows:

  • Provision of services: The term "services" includes all activities of a commercial, industrial or agricultural nature carried out under a contract between a service provider and a beneficiary for an agreed upon price. It is especially applicable to all subcontracting operations (construction work, for example).
  • Intracompany mobility: Provision of staff for non-pecuniary purposes between subsidiaries of the same company or departments within the same company, for carrying out an assignment or for a period of training, for example.
  • Provision of employees for temporary work: A temporary employment agency, usually established abroad, may post employees to a user company in France.
  • Work on the company’s behalf: For example, a foreign company that owns fields in France temporarily posts its employees for harvesting crops.

Formalities

Before providing the service, the employer must send a pre-assignment declaration in French to the “direction départementale du travail” (local labour authority) in the area where the service will be provided (or the first place of business, if the service will be provided in several places), by registered letter, fax or email.

 

What rules must be applied ?

During the posting of their workers in France, employers must comply with French rules on certain matters that are stipulated in a comprehensive list in article L. 1262-4 of the Labour Code.

The "French rules" cover:

  • laws and regulations
  • Rules contained in collective labour agreements and conventions that apply to French employees who perform the same work as that which is performed by the posted employees of the foreign company.

Employers must therefore comply with the French provisions that apply to employees' terms of employment and working conditions.