MARCHANDAGE
LexInter | August 6, 2018 | 0 Comments

BARGAINING

LABOR CODE (Legislative Part)

Chapter 5: Bargaining

Article L125-1

(Law n ° 82-957 of November 13, 1982 art. 28 Official Journal of November 14, 1982)

(Repealed by Ordinance 2007-329 of March 12, 2007 art. 12 I Official Journal of March 13, 2007 in force on March 1, 2008 at the latest)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 profit-making operation for the supply of labor which has the effect of causing prejudice to the employee to which it concerns or of eluding the application of the provisions of the law, regulation or collective labor agreement or agreement , or “bargaining”, is prohibited

Workers’ associations which do not have as their object the exploitation of workers by one another are not considered as bargaining.

Doctrinal Bibliography MERCHANT READY OF MANUFACTURING    

An honest labor traffic; n. under Court of Cassation, Criminal Chamber, May 30, 2000, Appeal number 99-82.639, The General Confederation of Labor FO and the Federation of CFDT Services, Robert, Jacques-Henri, Droit penal, n ° 10, 01/10 / 2000, pp. 18-19

Temporary work: Need for a written and signed contract, Cass. Soc /, March 07, 2000, Lamy Social Week, n ​​° 975, 04/03/2000, pp 11-12

Labor loan-subcontracting-bargaining: where’s the limit ?, Harcourt, Philippe, JCP E Semaine Juridique (business edition); n ° 9, 02/29/1996, p. 94

The prejudice caused to the employee in the offense of bargaining, Doroy, Fabienne, Droit social, n ° 6, 01/06/1994, op. 547-551

Strict legal principles, Brunel, Jacques, Banque, n ° 612, 03/01/2000, pp. 38-40

Article L125-2

(Law n ° 73-4 of January 2, 1973 Official Journal of January 3, 1973)

(Law n ° 90-613 of July 12, 1990 art. 29 Official Journal of July 14, 1990)

(Repealed by Ordinance 2007-329 of March 12, 2007 art. 12 I Official Journal of March 13, 2007 in force on March 1, 2008 at the latest)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 an industrial or commercial entrepreneur enters into a contract for the execution of a certain work or the supply of certain services, with an entrepreneur who himself recruits the necessary labor and that this entrepreneur does not is not the owner of a business or an artisanal fund, the business manager incurs in the following cases and notwithstanding any stipulation to the contrary the responsibilities indicated below:
1. If the works are carried out or the services provided in his establishment or in its dependencies, the entrepreneur, in the event of default by the contractor, is substituted for the latter with regard to the workers whom the latter employs for the payment of wages and paid holidays as well as for the obligations resulting from the legislation on social insurance, on industrial accidents and occupational diseases and on family benefits;
2. In the case of work carried out in establishments other than those of the company manager or work carried out by employees working at home, the company manager who is designated by the poster or on the bulletin in origin respectively provided for in articles R. 125-1 and R. 721-2 is, in the event of default by the contractor, substituted for the latter for the payment of wages and paid holidays as well as for the payment of the contribution of the services family and double social insurance contributions.
In the case cited above, the injured employee, social security and family allowance organizations and, possibly, the paid vacation fund, may initiate, in the event of default by the entrepreneur, direct action against the manager. company for which the work was done.

* Note – Law 90-613 of July 12, 1990 art. 43: the provisions of this law apply to contracts concluded after its entry into force. *

Article L125-3

(Law n ° 73-608 of July 6, 1973 art. 2 Official Journal of July 7, 1973) (Ordinance n ° 82-131 of February 5, 1982 art. 11 Official Journal of February 6, 1982) (Law n ° 85-772 of July 25, 1985 art. 88 Official Journal of July 26, 1985) (Law n ° 90-613 of July 12, 1990 art. 31 III Official Journal of July 14, 1990)

(Ordinance n ° 2004-602 of June 24, 2004 art. 1 IX Official Journal of June 26, 2004)

(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 for-profit operation having as an exclusive object the loan of labor is prohibited under penalty of the penalties provided for in Article L. 152-3 if it is not carried out within the framework of the provisions of the book. 1, title II, chapter IV of this code relating to temporary work.

Articles L. 124-4-6, L. 124-4-7, L. 124-9, L. 124-12, L. 341-3, the fourth paragraph of article L. 422-1, as well that Articles L. 412-3 to L. 412-7 of the Social Security Code are applicable to non-profit labor lending operations.

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.

Cass.soc. June 17, 2005

Article L125-3-1

(inserted by Law n ° 90-613 of July 12, 1990 art. 30 Official Journal of July 14, 1990)

(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)

Representative trade unions may take legal action under this chapter in favor of an employee without having to justify a mandate from the person concerned. The latter must have been notified by registered letter with acknowledgment of receipt and not have objected to it within fifteen days from the date on which the trade union organization notified him of its intention. The employee can always intervene in the proceedings initiated by the union and put an end to it at any time.

* Note – Law 90-613 of July 12, 1990 art. 43: the provisions of this law apply to contracts concluded after its entry into force. *

Article L125-3-2

(inserted by Law n ° 97-210 of March 11, 1997 art. 24 Official Journal of March 12, 1997)

(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 control officers referred to in Articles L. 611-1 and L. 611-15 are authorized to communicate to each other all information and documents necessary for the accomplishment of their mission of combating the haggling and illicit lending of labor. ‘artwork.
As part of this mission, they can be presented with quotes, purchase orders or works, invoices and contracts or commercial documents relating to bargaining operations and illegal loan of labor.

Article L125-4

(inserted by Law n ° 88-1202 of December 30, 1988 art. 51 I Official Journal of December 31, 1988)

(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 provisions of this chapter are applicable to the employees mentioned in article 1144, paragraphs 1 ° to 7 °, 9 ° and 10 °, of the rural code.

 

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