mannequins
LexInter | October 15, 2007 | 0 Comments

MANNEQUINS

Article L763-1

(Law n ° 73-4 of January 2, 1973 Official Journal of January 3, 1973) 
(Law n ° 90-603 of July 12, 1990 art. 11 Official Journal of July 13, 1990 in force on January 1, 1991) 
(Repealed by Ordinance 2007-329 of March 12, 2007 art. 12 I Official Journal of March 13, 2007 in force on March 1, 2008 at the latest)
   Any contract by which a natural or legal person secures, in return for remuneration, the assistance of a model is presumed to be an employment contract.
This presumption remains regardless of the mode and amount of the remuneration as well as the qualification given to the contract by the parties. It is also not destroyed by proof that the model retains complete freedom of action for the performance of his presentation work.
Anyone who is responsible for presenting to the public, directly or indirectly by reproduction of their image on any visual or audiovisual medium, a product, service or advertising message, or posing as a model, is considered to be exercising a model activity. with or without subsequent use of its image, even if this activity is carried out only on an occasional basis.
   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 L763-2

(Law n ° 73-4 of January 2, 1973 Official Journal of January 3, 1973)
(Law n ° 90-603 of July 12, 1990 art. 12 Official Journal of July 13, 1990 in force on January 1, 1991)
(Repealed by Ordinance 2007-329 of March 12, 2007 art. 12 I Official Journal of March 13, 2007 in force on March 1, 2008 at the latest)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 remuneration due to the mannequin on the occasion of the sale or the exploitation of the recording of his presentation by the employer or any other user as soon as the physical presence of the mannequin is no longer considered as salary. required to use said recording and that this remuneration is in no way a function of the salary received for the production of its presentation, but on the contrary a function of the proceeds from the sale or exploitation of said recording.
   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 L763-3

(Law n ° 90-603 of July 12, 1990 art. 13 Official Journal of July 13, 1990 in force on January 1, 1991)
(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)
   A modeling agency is considered to be any natural or legal person whose activity consists in making temporarily available to users, for a consideration, models that they hire and pay for this purpose.
Only natural or legal persons holding a modeling agency license can exercise this activity. This license is granted for a period of three years renewable by the administrative authority. Its delivery is subject to conditions defined by regulation and concerning the morality of managers and the conditions for exercising the activity of the agency.
The provisions of Article L. 125-3 of the Labor Code do not apply to the activity defined in the first paragraph when this activity is carried out by a person holding a modeling agency license.
The modeling agency license may not be granted to persons who, individually or as partners, company directors or agents, exercise directly or through an intermediary one of the following activities or professions: production or production of cinematographic works or audiovisual, distribution or selection for the adaptation of a production, organization of paid courses or training courses for models or actors, advertising agency, publisher, organizer of fashion shows, photographer.
The agents of a modeling agency are subject to the incompatibilities defined above.
The same applies to company directors when the activity defined in the first paragraph is carried out by a company holding a modeling agency license and, in addition, general partners, partners of simple limited partnerships as well. than all the partners in the case of a limited liability company.
   * Note – Labor Code L. 796-3: criminal sanction * 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 L763-4

(Law n ° 90-603 of July 12, 1990 art. 13 Official Journal of July 13, 1990 in force on January 1, 1991) 
(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 contract concluded between the agency and each of the models it employs must be drawn up in writing and include a precise definition of its purpose.
When a modeling agency makes a mannequin available to a user, a supply contract specifying the characteristics of the service requested from the mannequin must be concluded in writing between the user and the agency. A copy of this contract is issued by the agency to the model before any acceptance by him of the mission proposed to him.
   * Note – Labor Code L. 796-3: criminal sanction * 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 L763-5

(Law n ° 90-603 of July 12, 1990 art. 13 Official Journal of July 13, 1990 in force on January 1, 1991)
(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 salary received by a model, child under sixteen or adult, for a given service may not be less than a minimum percentage of the sums paid on this occasion by the user to the modeling agency.
This percentage is established, for the different types of use, by collective agreement or agreement.
In the absence of such an agreement or agreement being concluded, within nine months from the promulgation of Law No. 90-603 of July 12, 1990, this percentage is fixed by decree taken after consultation with the organizations. the most representative of the employers, users and employees concerned.
   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 L763-6

(Law n ° 90-603 of July 12, 1990 art. 13 Official Journal of July 13, 1990 in force on January 1, 1991) 
(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)
   Consultations given to young people on the possibilities of access to the activity of modeling are free.
The costs advanced by the modeling agency for the promotion and development of the modeling career can only be reimbursed by successive deductions not exceeding a percentage of the amount of wages and salaries payable which will be fixed by decree in the Council of 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 L763-7

(Law n ° 90-603 of July 12, 1990 art. 13 Official Journal of July 13, 1990 in force on January 1, 1991) 
(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 employee linked to the modeling agency by an employment contract is entitled to compensatory compensation for paid leave for each service, regardless of the duration thereof.
The amount of compensation calculated on the basis of this duration may not be less than one tenth of the total compensation due to the employee. Compensation is paid at the end of the service.

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 L763-8

(Law n ° 90-603 of July 12, 1990 art. 13 Official Journal of July 13, 1990 in force on January 1, 1991) 
(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)
 During the duration of the service, the user is responsible for the conditions of performance of the work as determined by those of the legislative, regulatory and contractual measures which are 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.

NOTE: Ordinance 2007-329 2007-03-12 art. 14:

Article L763-9

(Law n ° 90-603 of July 12, 1990 art. 13 Official Journal of July 13, 1990 in force on January 1, 1991) 
(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)
   Any modeling agency is required to provide proof of a financial guarantee ensuring, in the event of default on its part, the payment of salaries, their accessories and complements, compulsory social contributions and the payment of sums due to the model, child under of sixteen years or adult, on the date of the activation of the aforesaid guarantee, in respect of the remuneration defined in article L. 763-2.
In the event of insufficient financial guarantee, the user is substituted for the modeling agency for the payment of the sums remaining due to the employees and to the social security bodies to which these employees belong, for the duration of the service performed for the user account.
Modeling agencies are required to provide users, on their request, with a certificate from the social security organizations specifying their situation with regard to the recovery of contributions due to these organizations.
   * Note – Labor Code L. 796-3: criminal sanction * 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 L763-10

(Law n ° 90-603 of July 12, 1990 art. 13 Official Journal of July 13, 1990 in force on January 1, 1991) 
(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 financial guarantee provided for in Article L. 763-9 can only result from a guarantee commitment made by a mutual guarantee company, a collective guarantee organization, an insurance company, a bank or an authorized financial institution. to give surety.

* Note – Labor Code L. 796-3: penal sanction * 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 L763-11

(Law n ° 90-603 of July 12, 1990 art. 13 Official Journal of July 13, 1990 in force on January 1, 1991)
(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 conditions of application of Articles L. 763-3 to L. 763-9 are set by decree of the Council of 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 L763-12

(Law n ° 90-603 of July 12, 1990 art. 13 Official Journal of July 13, 1990 in force on January 1, 1991)
(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)

Civil servants and agents supervising the application of labor law, social laws in agriculture and social security law, and in particular supervisory agents of social security bodies, as well as judicial police officers are empowered to record breaches of the provisions of Articles L. 763-3, L. 763-4, L. 763-9, L. 763-10 and the texts adopted for their application.
They may be presented with the contracts provided for in Article L. 763-4.

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.

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