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turnover, or, in any case, a minimum set yearly by
an order from the minister of labour.
shall have to comply with the obligations spelt out
in the previous paragraph.
4) The undertaking must be evidenced in a written
contract, spelling out the conditions and amount of
the guarantee given as well as the modalities of the
auditing that the guarantor may perform on the
temporary work company.
Art.D.313-12.- The above mentioned declaration
must state :
• the name, head office and legal form of the
company, and where necessary, the location of
the subsidiary or branch or sub-office;
•
the effective date of the
planned operation;
• the full names, residence and nationality of the
managers of the company or subsidiary, branch
or sub-office;
• the geographical area and professional domains
in which the companies plans to make workers
available to users;
• the number of permanent workers that the
company employs or plans to employ to make
its services operational.
This contract must stipulate that the guarantor
waives, in case the temporary work company
defaults, the benefit of excussion.
5) The temporary work entrepreneur shall be
considered to have defaulted, if upon the expiry of
a fifteen-day period following receipt of notice, it
has not paid all or part of the debts spelt out in 1)
of this article or when it is being wound up.
The notice may be issued by the worker or a welfare
institution. It shall be delivered by registered mail
with acknowledgement of receipt to the temporary
work entrepreneur or guarantor.
6) Temporary work entrepreneurs shall have to state
in all their company documents, and notably on
contracts for leasing a worker to a user as well as
contracts between a worker leased to a user, the
name and address of their guarantor as well as the
reference of this article.
Art.D.313-10.- Subject to the preceding provisions,
there shall be no derogations from ordinary law
when it comes to relations that result from the
employment contract between a temporary work
entrepreneur and workers.
Art.D.313-11.- The business of temporary work
entrepreneur may be conducted only after a
declaration has been made in three copies to the
minister of Labour and the financial guarantee
provided for in article D.313 -9 has been obtained.
Temporary work entrepreneurs already operating on
the date when this decree becomes enforceable
Implementing Decree of the Labour
Code
Art.D.313-13.- The minister of labour, after
ensuring that the declaration complies with
prescribed laws and rules, shall send back a copy,
bearing his/her stamp, to the sender no later than
fifteen days after receipt and another copy to the
competent labour inspectorate in the locality.
The subsidiary, branch or sub-office may not start
operations when it has not received the document
stated in the paragraph herein above or when the
period provided for by this paragraph has not
expired.
Art.D.313-14.- All temporary work companies shall
have to inform the minister of labour when they are
shutting down.
Art.D.313-15.- When a temporary work
entrepreneur starts operating without having done
the declaration provided for in article D.313-11
herein above or without having obtained the
financial guarantee, the minister of labour, after
his/her notice has gone unheeded, may order the
closure of the company.
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