EMPLOYER GROUPINGS
LexInter | June 20, 2002 | 0 Comments

EMPLOYER GROUPINGS

LABOR CODE
(Legislative Part)
 

PROVISIONS OF NEW LABOR CODE  CHAPITRE_III_CONTRATS_CONCLUS_AVEC_UN_GROUPEMENT_D’EMPLOYEURS

Chapter VII: Employers’ groups 

Article L127-1

(Law n ° 85-772 of July 25, 1985 art. 46 Official Journal of July 26, 1985) 
(Law nº 87-588 of July 30, 1987 art. 60 Official Journal of July 31, 1987) 
(Law nº 93-1313 of December 20, 1993 art. 13 I, II Official Journal of December 21, 1993) 
(Law n ° 2000-37 of January 19, 2000 art. 27 III, IV Official Journal of January 20, 2000 in force on February 1, 2000)
(Ordinance n ° 2004-602 of June 24, 2004 art. 1 VI Official Journal of June 26, 2004)
(Law n ° 2005-882 of August 2, 2005 art. 20 I, art. 20 II Official Journal of August 3, 2005) 
(Law n ° 2006-11 of January 5, 2006 art. 58 IV Official Journal of January 6, 2006) 
(Repealed by Ordinance 2007-329 of March 12, 2007 art. 12 I Official Journal of March 13, 2007 in force on March 1, 2008 at the latest)

Groups of natural or legal persons falling within the scope of the same collective agreement may be formed with the aim of making available to their members employees linked to these groups by an employment contract. They can also provide their members with help or advice in matters of employment or human resources management.
These groups can only engage in non-profit operations. They are constituted in the form of associations declared under the law of July 1, 1901 relating to the contract of association or in the form of cooperative societies within the meaning of law n ° 47-1775 of September 10, 1947 on the statute of cooperation and the law No. 83-657 of July 20, 1983 relating to the development of certain social economy activities; in the departments of Moselle, Bas-Rhin and Haut-Rhin, they are formed in the form of associations governed by the local civil code or craft cooperatives.
Unless they come under Title II of Book V of the Rural Code, existing cooperative societies also have the right to develop, for the exclusive benefit of their members, the activities mentioned above. In this case, the provisions of this chapter are applicable to them, under conditions set by decree of the Council of State. The cooperatives for the use of agricultural equipment falling under Title II of Book V of the Rural Code also have the option of developing, for the exclusive benefit of their members, the activities mentioned above under conditions and limits relating to their wage bill set by decree.
When an employers’ group is formed, the labor inspectorate is informed. The list of members of the group is kept at the disposal of the labor inspector at the headquarters of the group.

A natural or legal person can only be a member of two groups. However, a natural person owning several legally distinct companies or a legal person having several distinct establishments, registered either in the trade register, or in the trade register, or in the agricultural register, may, in respect of each of his companies or establishments, belong to a different group.
Employers with more than three hundred employees, this threshold being calculated in accordance with the provisions of article L. 620-10, cannot join a group or become a member of it, except in the case provided for in article L. 127- 1-1.
Employers who join an employers ‘group are required to inform the institutions representing the personnel existing in their company of the constitution and nature of the employers’ group.

The group’s activity is carried out subject to the legislative provisions relating to the illegal exercise of certain professions.
The members of the grouping are jointly and severally liable for its debts towards employees and organizations creditor of compulsory contributions.

NOTE: Ordinance 2007-329 2007-03-12 art. 14: The provisions of this ordinance come into force at the same time as the regulatory part of the new labor code and no later than March 1, 2008.

Article L127-1-1

(Law n ° 2000-37 of January 19, 2000 art. 27 V Official Journal of January 20, 2000 in force on February 1, 2000) 
(Law n ° 2005-157 of February 23, 2005 art. 58 Official Journal of February 24, 2005) 
(Repealed by Ordinance 2007-329 of March 12, 2007 art. 12 I Official Journal of March 13, 2007 in force on March 1, 2008 at the latest)

Membership of a group of employers of the companies and organizations mentioned in Article L. 431-1 employing more than three hundred employees is subject to the conclusion, in the company or organization concerned, of a collective agreement. or an establishment agreement defining the guarantees granted to employees of the group.
This membership can only take effect after communication of the agreement to the competent authority of the State.

NOTE: Ordinance 2007-329 2007-03-12 art. 14: The provisions of this ordinance come into force at the same time as the regulatory part of the new labor code and no later than March 1, 2008.
 

Article L127-2

(Law n ° 85-772 of July 25, 1985 art. 46 Official Journal of July 26, 1985)
(Repealed by Ordinance 2007-329 of March 12, 2007 art. 12 I Official Journal of March 13, 2007 in force on March 1, 2008 at the latest)

The employment contracts concluded by the group are in writing. They indicate the conditions of employment and remuneration, the qualification of the employee, the list of potential users and the places of performance of the work.
The employees of the group benefit from the collective agreement within the scope of which the group was formed.

NOTE: Ordinance 2007-329 2007-03-12 art. 14: The provisions of this ordinance come into force at the same time as the regulatory part of the new labor code and no later than March 1, 2008. 

Article L127-3

(Law n ° 85-772 of July 25, 1985 art. 46 Official Journal of July 26, 1985) 
(Repealed by Ordinance 2007-329 of March 12, 2007 art. 12 I Official Journal of March 13, 2007 in force on March 1, 2008 at the latest)

The user, for each employee placed at his disposal, is responsible for the conditions of performance of the work, as determined by the legislative, regulatory and contractual measures applicable to the workplace.
For the application of the previous paragraph, the conditions of performance of the work include restrictively what relates to working hours, night work, weekly rest and public holidays, health and safety. , at the work of women, children and young workers.

The obligations relating to occupational medicine are the responsibility of the group. When the activity carried out by the employee made available requires special medical surveillance within the meaning of the regulations relating to occupational medicine, the corresponding obligations are the responsibility of the user.

NOTE: Ordinance 2007-329 2007-03-12 art. 14: The provisions of this ordinance come into force at the same time as the regulatory part of the new labor code and no later than March 1, 2008.

Article L127-3-1

(Law n ° 2005-157 of February 23, 2005 art. 55 II Official Journal of February 24, 2005
(Repealed by Ordinance 2007-329 of March 12, 2007 art. 12 I Official Journal of March 13, 2007 in force on March 1, 2008 at the latest)

An employee made available by a group of employers may benefit from a delegation of power from the business manager of the user company under the same conditions as an employee of this company.

NOTE: Ordinance 2007-329 2007-03-12 art. 14: The provisions of this ordinance come into force at the same time as the regulatory part of the new labor code and no later than March 1, 2008.

Article L127-4

(Law n ° 85-772 of July 25, 1985 art. 46 Official Journal of July 26, 1985)
(Repealed by Ordinance 2007-329 of March 12, 2007 art. 12 I Official Journal of March 13, 2007 in force on March 1, 2008 at the latest)

The employees of the group have access, in the user company, under the same conditions as the employees of this company, to collective means of transport and collective facilities, in particular catering, from which these employees can benefit.

NOTE: Ordinance 2007-329 2007-03-12 art. 14: The provisions of this ordinance come into force at the same time as the regulatory part of the new labor code and no later than March 1, 2008.

Article L127-6

(Law n ° 85-772 of July 25, 1985 art. 46 Official Journal of July 26, 1985)
(Repealed by Ordinance 2007-329 of March 12, 2007 art. 12 I Official Journal of March 13, 2007 in force on March 1, 2008 at the latest)
   The representative trade unions in the user company or in the group may bring civil actions arising under the provisions of this chapter in favor of the employees of the group without having to justify a mandate from the person concerned, provided that the latter ci has been warned and has not declared to oppose it; the employee can always intervene in the proceeding.
   NOTE: Ordinance 2007-329 2007-03-12 art. 14: The provisions of this ordinance come into force at the same time as the regulatory part of the new labor code and no later than March 1, 2008.

Article L127-7

(Law n ° 85-772 of July 25, 1985 art. 46 Official Journal of July 26, 1985) 
(Law nº 93-1313 of December 20, 1993 art. 13 III Official Journal of December 21, 1993) 
(Repealed by Ordinance 2007-329 of March 12, 2007 art. 12 I Official Journal of March 13, 2007 in force on March 1, 2008 at the latest)
   Natural or legal persons not falling within the scope of the same collective agreement may also constitute a group within the meaning of Article L. 127-1 on condition that the collective agreement applicable to said group is determined.
The group thus formed can only exercise its activity after declaration to the competent authority of the State. This authority may oppose the exercise of this activity under conditions determined by regulation.
   NOTE: Ordinance 2007-329 2007-03-12 art. 14: The provisions of this ordinance come into force at the same time as the regulatory part of the new labor code and no later than March 1, 2008.

Article L127-8

(Law nº 93-1313 of December 20, 1993 art. 13 IV Official Journal of December 21, 1993) 
(Law nº 96-987 of November 14, 1996 art. 42 Official Journal of November 15, 1996) 
(Law n ° 2000-37 of January 19, 2000 art. 27 VI Official Journal of January 20, 2000 in force on February 1, 2000)
(Law n ° 2005-882 of August 2, 2005 art. 20 III Official Journal of August 3, 2005) 
(Repealed by Ordinance 2007-329 of March 12, 2007 art. 12 I Official Journal of March 13, 2007 in force on March 1, 2008 at the latest)
   Without prejudice to branch agreements or professional agreements applicable to employer groups, professional organizations representing employer groups referred to in Article L. 127-7 and representative employee unions may conclude collective labor agreements. relating to the versatility, mobility and part-time work of the employees of the said groups.
   NOTE: Ordinance 2007-329 2007-03-12 art. 14: The provisions of this ordinance come into force at the same time as the regulatory part of the new labor code and no later than March 1, 2008.

Article L127-9

(Law n ° 95-95 of February 1, 1995, art. 61 Official Journal of February 2, 1995) 
(Law n ° 99-574 of July 9, 1999 art. 39 Official Journal of July 10, 1999) 
(Law n ° 2001-602 of July 9, 2001 art. 21 I Official Journal of July 11, 2001) 
(Law n ° 2005-157 of February 23, 2005 art. 55 I Official Journal of February 24, 2005)
(Repealed by Ordinance 2007-329 of March 12, 2007 art. 12 I Official Journal of March 13, 2007 in force on March 1, 2008 at the latest)
   When the main purpose of an employers’ group is to make replacements available to heads of farms or companies mentioned in 1 ° to 4 ° of Article L. 722-1 of the Rural Code, the employment contracts concluded by this group may, notwithstanding Article L. 127-2 of this code, not mention the list of potential users and only specify the geographical area of ​​execution of the contract which must provide for limited travel.
The provisions of this article also apply to employers’ groups whose main purpose is to replace heads of craft enterprises,
A Council of State decree sets the conditions under which the competent administrative authority is informed of the composition of the employers’ group set up in application of this article and grants it approval.

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