3 points of vigilance in labour law

The MARTINET-LONGEANIE law firm, specialist in labour law, commercial law and international arbitration since 1997, optimises in a very concrete way the social management of companies, case by case.

1. The Single Document

"It must evaluate and detail all the risks, even obvious ones, to which employees are exposed", stresses Laurence Martinet-Longeanie. "Missing one is a fault, which will be paid for dearly in the event of an accident at work or an occupational disease." And if the employer has not taken adequate measures in the face of a risk formalised in the DU, he may find himself before the industrial tribunals and the criminal courts, for inexcusable fault.

2. Foreign workers

Transport of furniture, schooling of children, social protection of the spouse...: beware of exorbitant costs! Before their arrival, a social audit of the measures needed to integrate them is necessary. In addition, a child in the 4th grade, for example, must be able to continue his or her schooling until the final year of secondary school. The parent's contract must therefore be maintained... For compulsory and complementary social protection, the employee has the choice between the regime in the country of adoption and that of his or her country of origin... with private insurance, which can be prohibitively expensive.

3. The offence of haggling

Building, services, catering...: when you take on an employee from another company for more than six months, you have to be very careful. The loan of lucrative labour, leading to an advantage for the company of origin or the one receiving the employee, is prohibited. In addition, the enterprise of origin must ensure the regularity of the employee's employment contract, its proper execution, carry out the social declarations, etc. This subcontracting is insufficiently supervised and leads to convictions, particularly with regard to acquired rights.