Face au Droit Social #6: illegal labor lending
When is there an illegal loan of labor? What are the consequences for the employee? What are the penalties for the lending and receiving companies? What is the offence of bargaining? Today, our employment law experts Michael Hayat, Social Affairs Delegate at Syntec Numérique, and Nicolas Sauvage, Partner at Reed Smith, take a closer look at illegal human resources lending procedures, and give you the keys to understanding this offence.
Prohibitions, risks to be observed, managerial deviations to be avoided, recourse for employees, frequency of claims to the Prud’hommes… Everything you need to know about illegal labor lending and the offence of “délit de marchandage” in this video!
Program produced by Décideurs TV.March 2012.
Employee lending arrangements can raise sensitive legal questions, especially where several companies are involved in delivering a service. This “Face au Droit Social” episode discusses the distinction between lawful arrangements and unlawful lending of labour under French rules.
Workplace policies influence recruitment, retention and the daily experience of employees. Effective measures are understandable, proportionate and supported by managers who know how to apply them. In digital activities, remote cooperation and client assignments can introduce particular challenges. A reader should distinguish the intentions of an older announcement from the practical and legal conditions that apply today.
The economic purpose of the arrangement, management of work and contractual responsibilities all matter. Businesses should not treat a historical programme as sufficient guidance for a present-day contract without reviewing current legislation and legal advice.