European Employment Law Update — January 2014: France

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According to article L.412-6 of the French social security code, the end-user company is deemed to replace the temporary work agency in its management powers. However, the temporary work agency employer remains liable for workplace accidents due to gross negligence.

In its decision of 19 September 2013, the Supreme Court strictly complied with the above-mentioned article of the social security code. Indeed, the Supreme Court ruled that, irrespective of the specific circumstances, the employer remains in any case liable for gross negligence in case of a workplace accident that occurred in the premises of the end-user company.

An electrician, an employee of a temporary work agency, died following an accident at work caused by the fall (due to strong wind) of construction components set by a masonry company…

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