LIEN DE SUBORDINATION
LexInter | October 21, 2018 | 0 Comments

LIEN DE SUBORDINATION

Situation of dependency of the worker which is characterized by the power for the principal to give the worker a power of direction and disciplinary characteristics of the situation of employer. the determination of the relationship of subordination is carried out by bringing together a set of indices. The power to give the worker instructions, orders and directives, to enforce them, to control the execution of the work and to verify the results, to sanction the failings of the workers, characterize a situation of employer for the order and employee for the worker.

The relationship of subordination is characterized by the performance of work under the authority of an employer who has the power to give orders and directives, to control their execution and to sanction the breaches of the subordinate.

The work within an organized service can constitute an indication of the bond of subordination when the employer unilaterally determines the conditions of execution of the work.    Cass. civ. 2 February 12, 2009

the relationship of subordination is characterized by the performance of work under the authority of an employer who has the power to give orders and directives, to control their execution and to penalize the breaches of his subordinate; that the work within an organized service can constitute an index of the bond of subordination when the employer unilaterally determines the conditions of execution of the work ( Cass. soc. 13 November 1996 )

The existence of a link of subordination is the criterion of the salary link, of the employment contract but also of affiliation to the general social security system .

The relationship of subordination has as a corollary the power of management of the employer

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