Article | REF: AG4950 V1

Criminal liability in maintenance

Author: Sylvain MARTIN

Publication date: July 10, 2004

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5. Délit de marchandage and lending of illegal labor

These offences are linked to the use of outside labour by companies. There are a number of reasons why companies may use outside labour, for example:

  • carrying out work that is not part of its usual activity;

  • wish to offload a specific activity (night security, catering, specialized or outsourced maintenance, etc.).

This practice is referred to by a number of expressions: "prêt de main-d'œuvre", "mise à disposition de personnel", "détachement", "délégation de personnel", "régie", "contrat d'assistance technique", the most common being "sous- traitance".

Three articles of the French Labor Code govern the use of outside companies by a company to carry out work on its site.

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