The Olympic minute - episode 5 - 2/2

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BCTG Avocats

Published on 04 July 2024 at 12h11

Reading time 2 minutes

How to cope with the extra activity during the Olympic Games?

There’s still time to get organized 2/2

You can call on external resources.

You can call on :

Fixed-term contracts for temporary increases in activity (note that seasonal contracts can only be considered if the business sector allows (e.g. tourism)).
Temporary staff for temporary increases in activity
Subcontractors

Points to watch :

For fixed-term contracts and temporary workers:

In the context of subcontracting :

Ensure the autonomy of the assignment/independence and real expertise of the service provider
Ensure compliance with the rules governing subcontracting as a user company/principal. These rules are numerous and include the following obligations:

Note: obligations may be more or less important depending on whether or not the subcontracting company is located in France.

Obligation of vigilance, verification and financial solidarity, in particular with regard to :

combating undeclared work
the employment of employees without a work permit
the proper application of labor law and the fulfillment of mandatory administrative formalities by the subcontractor
in the event of non-payment of the minimum wage
collective accommodation of employees (mainly in the case of secondment of foreign employees)

Obligation to declare industrial accidents

Obligation to keep a certain number of documents, such as compulsory social security forms, at the disposal of the Labour Inspectorate.

Penalties

Significant risk of contracts being reclassified by the courts as open-ended employment contracts.
Financial penalties (i.e. minimum wage, overtime, Urssaf adjustment) and administrative fines
High penal risk (i.e. concealed work, offence of unlawful employment in particular)

Contact

Sabine De Paillerets

#Employment law

#Press

#Sabine de Paillerets