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18001

Question 18001 — work

openFrance· National Assembly· FR

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21 May 2024

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21 May 2024

Summary

Mr. Nicolas Pacquot questions the Minister of Labor, Health and Solidarity on the distribution of the burden of costs in the event of a work accident. In recent years, temporary employment agencies have had to face a very penalizing increase in work stoppages, following incapacity. Under the terms of article L. 1251-21, paragraph 4 of the labor code, during the duration of the mission, the user company is responsible of “safety at work”. It is therefore the responsibility of the user client to ensure the safety of the employee. However, in the event of an employee's accident during a mission carried out within a user company, two-thirds of the costs are borne by the employer, namely the temporary employment agency. This seems unfair, especially since the temp agency is not responsible for its clients' breaches of safety rules. This situation is likely to put many temporary employment companies in financial jeopardy. This is why he would like to know if the Government could consider reversing the burden of these costs and placing them on user companies, which are responsible for the safety of the workers they welcome.

Machine translation from French. The official text remains authoritative.

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