Subcontracting: law n°2014-790 reinforcing the responsibility of the DO in subcontracting

• Solidarity between DO and service provider in the event of non-compliance with employment law

• Introduces a duty of injunction and information on the DO or the project owner in the event of non-payment of an employee by the subcontractor.
• The DO or MO must ensure that a minimum wage is paid in the subcontracting chain (the DO is only responsible for this legal or contractual minimum wage, not the actual wage).

• Need to update subcontracting contracts and their implementation practices for ESNs

• This law is the transposition of European Directive 2014/67/EU of May 15, 2014 on the posting of workers in the framework of the provision of services.

• If the employee refers the matter to the Labour Inspectorate

Actions by Syntec numérique

• Drafting a praTIC sheet
• Drafting contractual clauses