Duty of care
THE CLIENT’S DUTY OF CARE
Elyfec offers you a complete assistance mission for contractors and contracting authorities by proposing the intervention of a team of specialists in European law and the provision of a dedicated computer tool.
Due to the multiplicity of situations and the complexity of the procedures, the prevention of disputes requires personalized, rigorous and systematic support.
- To the project owners of construction operations or rehabilitation of buildings
- To the industrialists employing external service providers as part of the implementation of new equipment.
- Companies that want to control the risk of undeclared work or illegal work among its subcontractors
- If you are a contractor or contracting authority and you use a subcontractor, you must require in particular:
- A document attesting to the registration of your subcontractor (extract K bis or card directory of trades), A certificate of vigilance, issued by the Urssaf,
- The notion of vigilance is appreciated as a whole: in case of control of the Urssaf, the inspector will ask you to present all these documents
- In the event of a penalty, you may be sued and ordered to pay the taxes, contributions, remuneration and other charges of your subcontractor.
E-secondment represents you in the European Union.
An online service to allow companies to manage their seconded staff in the European Union.
ENHANCED DUE DILIGENCE
Since 1 July 2017, new rules have been aimed at combating employee secondment fraud by strengthening the obligations of project owners and principals when they make use of international service provision. They are of 4 types:
- Verification of the prior declaration of secondment with the labour inspectorate by obtaining a copy of this declaration.
- On category 1 building or civil engineering sites, the project owner must inform seconded employees of French labour law regulations (in the official language spoken in each of the States to which the seconded employees belong) by means of posters.
- Provide the seconded employee with an information document (written in a language that the employee understands) and a professional identification card.
- When a seconded employee suffers an accident at work, a declaration is made to the Labour Inspectorate.
Failure by principals or contracting authorities to comply with obligations relating to the prior declaration of secondment, the declaration of work-related accidents involving seconded employees or the posting of regulations makes them liable to an administrative fine of €2,000 per seconded employee and up to €4,000 in the event of a repeat offence within a period of one year from the date of notification of the first fine.
Labour Code articles L8222-1, L8254-4, L1264-1
Order 2017-825 du 5 MAY 2017 et Order du 12 juillet 2017 
new partner
TEYO&WELLCOME, the accommodation solution for your employees on business trips in France. A real alternative to the hotel!