Question of social right. Outsourcing is the operation by which an entrepreneur entrusts, under its responsibility, to another contractor for the execution of a works contract or part of the market, public or private, entered into with a customer. The principal is appointed ” principal contractor “, the sub-contractor is called a “supplier” and the client ” client “.
Outsourcing therefore involves the conclusion of a row of at least two contracts : one to the main contract between the “employer” and the” principal contractor ” and a second for the sub-contract concluded between the main contractor and the subcontractor.
Contracts in cascade
There may also be several sub-contracts in cascade. These are contracts of commercial law, which, if any, can be framed in detail by special rules, for example for the CONSTRUCTION industry, and the public calls for tenders. As soon as the sub-contractor does not perform only its task, but recruits employees, it must comply with the rules of social law. The article 8281-1 of the labour code lists ten topics to consider in this case, the duration of the work, hygiene and safety.
The client must then instruct the subcontractor to comply with the rules of social law, otherwise he would risk a fine. The applications of these rules are numerous.
First example, when an operation, regardless of the nature (works or services), must be performed by the employees of a contracting company within the company ” client “, the employers of the two firms must, prior to the execution of the work, conduct a joint inspection of places of work, a risk assessment and complete a single document. If there are several sub-contracting companies, all…