French Labour Code
In forceI.-The employer temporarily seconding an employee to the national territory guarantees him equal treatment with employees employed by companies in the same branch of activity established on the national territory, by ensuring compliance with the legal provisions and contractual stipulations applicable to employees employed by companies in the same branch of activity established on the national territory, in terms of labour legislation, with regard to the following matters:
1° Individual and collective freedoms in the employment relationship;
2° Discrimination and professional equality between women and men;
3° Maternity protection, maternity and paternity leave, childcare leave, leave for family events;
4° Conditions of secondment and guarantees owed to employees by temporary employment agencies;
5° Exercise of the right to strike;
6° Working hours, compensatory rest, public holidays, paid annual leave, working hours and night work for young workers;
7° Conditions for membership of holiday and bad weather funds;
8° Remuneration within the meaning of article L. 3221-3, payment of wages, including increases for overtime;
9° Rules relating to health and safety at work, age of admission to work, employment of children;
10° Illegal employment;
11° Reimbursements made in respect of professional expenses corresponding to charges of a special nature inherent to his function or employment borne by the seconded employee, during the performance of his assignment, in respect of transport, meals and accommodation.
II - An employer temporarily seconding an employee to the national territory for a period exceeding twelve months is subject, from the thirteenth month, to the provisions of the Labour Code applicable to companies established on the national territory, with the exception of the provisions of Chapter I, sections 1, 2 and 5 of Chapter II, Chapters III and IV of Title II, Titles III, IV and VII of Book II of Part One of the Labour Code.
If a seconded employee is replaced by another seconded employee on the same job, the twelve-month period of secondment mentioned in the previous paragraph is reached when the cumulative period of secondment of successive employees on the same job is equal to twelve months.
When the performance of the service justifies it, the employer mentioned in the first paragraph of II benefits, upon a reasoned declaration sent to the administrative authority prior to the expiry of the twelve-month period, under the conditions laid down by decree in the Conseil d'Etat, from the extension of the application of the rules relating to the matters listed in I for a period of up to six additional months.
