French Labour Code
In forceI.-A secondment agreement is signed between the lending company and the user company. This agreement specifies the identity and qualifications of the employee concerned and the method for determining the salaries, social security charges and professional expenses that will be invoiced to the user company by the lending company. It specifies the duration and purpose of the loan operation with regard to the first paragraph of article L. 8241-3 of this code and the tasks entrusted to the employee concerned.
The employer shall make available to the social and economic committee the information relating to the number of secondment agreements concluded and the types of positions held in the user undertaking by the seconded employees, as part of the economic, social and environmental database mentioned in article L. 2312-18.
Articles L. 1251-21 to L. 1251-24, 2° and 3° of Article L. 2312-6 and Article L. 5221-4 of this Code as well as Articles L. 412-3 to L. 412-7 of the Social Security Code are applicable to the operations mentioned in Article L. 8241-3.
II - The employee concerned may only be made available with his express written consent.
At the end of the period of secondment, the employee returns to his or her job or to an equivalent position in the lending company without his or her career development or remuneration being affected by the period of secondment.
An employee may not be penalised, dismissed or subjected to any other 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 be a member of the lending company's staff. 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.
