French Labour Code
In forceNon-profit lending of labour is authorised.
In this case, articles L. 1251-21 to L. 1251-24, 2° and 3° ofarticle L. 2312-6, 9° of II ofarticle L. 2312-26 andarticle L. 5221-4 of this Code as well as articles L. 412-3 to L. 412-7 of the Social Security Code are applicable.
Non-profit lending of labour between companies requires :
1° The agreement of the employee concerned ;
2° A secondment agreement between the lending company and the user company, defining the duration of the secondment and specifying the identity and qualifications of the employee concerned, as well as the method for determining the wages, social security charges and professional expenses to be invoiced to the user company by the lending company;
3° A rider to the employment contract, signed by the employee, specifying the work assigned in the user company, the hours and place of performance of the work, as well as the particular characteristics of the workstation.
At the end of the period of secondment, the employee returns to his or her job or an equivalent position in the lending company, without his or her career development or remuneration being affected by the period of secondment.
Employees on secondment have access to the collective facilities and means of transport available to employees of the user company.
An employee may not be penalised, dismissed or subjected to any discriminatory measure for refusing an offer of secondment.
Secondment may not affect the protection enjoyed by an employee by virtue of a representative mandate.
During the labour loan period, the employment contract between the employee and the lending company is neither terminated nor suspended. The employee continues to belong to the staff of the lending company; he retains the benefit of all the provisions of the collective bargaining agreement from which he would have benefited if he had performed his work in the lending company.
The social and economic committee is consulted prior to the implementation of a workforce loan and informed of the various agreements signed.
The committee of the lending company is informed when the position held in the user company by the employee on secondment is on the list of those presenting particular risks to the health or safety of employees mentioned in the second paragraph of Article L. 4154-2.
The user company's social and economic committee is informed and consulted prior to the arrival of employees made available to the user company as part of workforce loans.
The lending company and the employee may agree that the loan of labour is subject to a probationary period during which it may be terminated at the request of one of the parties. This probationary period is compulsory when the loan of labour results in the modification of an essential element of the employment contract. Termination of the loan of labour at the initiative of one of the parties before the end of the probationary period may not, except in the event of serious misconduct on the part of the employee, constitute grounds for sanction or dismissal.
