To the extent that smaller, short-term and uncomplicated construction projects and commissions were to be included in France, the parties would have the opportunity to use these standardized subcontracts at their own risk. However, this only applies if a subcontracting agreement already written and verified by a French lawyer is not available. Moreover, such a standardised subcontracting agreement does not replace experienced French legal aid. For any specific question regarding a foreign construction theme in a construction environment in France, disputes or any other way, click here. However, these FFB/FNTP subcontracting agreements are at least much better than the usual practice of signing cost estimates that rarely contain legal provisions, not to mention all those that would comply with French (imperative) legislation. 13.1 How can a party to an outsourcing contract terminate the contract without the terminated party being entitled to damages? Work rental The credit company makes its employees available to another company to perform a specific task or task. The credit company and the user company must sign an agreement setting out the duration of the employment lease, the identity and qualification of the worker, the method of determining wages, payroll tax and professional fees charged by the company lending to the user company. In addition, a driver of the “lended” employee contract is entered into, including certain mandatory declarations. Work leases are only valid if they are not lucrative. As a result, it differs from outsourcing, which is not just a posting of workers (see below).
The credit company can only charge the user company the wages, social security costs and professional expenses of the worker. The lucrative leasing of labour is illegal and entails heavy criminal and civil debts for the company. During the leasing period, the employment contract between the employee and the credit company is neither terminated nor suspended. The employee continues to be part of the credit company`s staff and is paid by the credit company. At the end of the credit period, the employee regains his initial position within the credit company or, if that position is no longer available, a similar position. Second, the owner or contractor must clearly and writtenly approve the terms of payment set out in the subcontracting agreement between the principal contractor and the subcontractor. Structure Description: Outsourcing is most often organized by an ordinary contract that sometimes involves a framework agreement with bid contracts for each client`s site. The term “worker” is not defined by French law. French jurisprudence defines it by the definition of the employment contract. An employment contract is defined as an agreement by which a person works for another person (naturally or legally) in the form of which he or she receives remuneration. The subcontractor established outside France must provide, during the execution and every six months, proof of its registration (if it exists), a document with its individual identification number or, by other means, a document indicating the identity, address and contact information of the party or, if necessary, the information provided by the tax representative of the party in France and a document; which certifies the validity of the social situation of the contracting party under Regulation (EC) No.
883/2004 of 29 April 2004 or an international social security agreement and, if the legislation of the country where the statutory seat is located allows it, a certificate issued by the competent social protection authority and demonstrating that social declarations and payments are up to date.