1. Consent to subcontracting – key aspects of the contract
French contractor agreements often limit the number of subcontracting levels, allowing a maximum of 2-3 in practice, which provides greater control over the quality of work and employment conditions. This approach provides greater control over the quality of work and employment conditions.
➡️ Checking the terms of the contract – before starting cooperation , it is worth making sure whether the contract allows chain subcontracting and whether there are any restrictions on its levels.
➡️ Written consent of the investor – in some cases, the involvement of additional subcontractors requires the formal consent of the general contractor or investor.
Violation of these rules may result in the contract being invalidated or financial penalties being imposed, so it is important to carefully review the contract provisions before deciding on subcontracting.
2. Administrative obligations of subcontractors
Subcontractors in the French market must meet certain administrative obligations before commencing operations. These include: ✅ Registration in the SIPSI system for employers posting workers to France . ✅ Obtaining BTP cards confirming compliance with construction regulations . ✅ Compliance with applicable employment and occupational health and safety conditions.
If the company employs subsequent subcontractors, the obligation to report them to the SIPSI system passes to the entity that signs the contract with the given subcontractor.
3. Delegation of workers from Poland
Posting Polish workers to France requires additional formalities, including: ✅ An A1 form confirming coverage under the Polish social security system. ✅ An annex to the contract specifying the terms of posting and the period of employment. ✅ Meeting the requirements regarding remuneration and working hours .
4. Joint and several liability
In France, the entity commissioning the work bears a certain responsibility for the financial obligations and employment conditions of subcontractors up to the third level. In the case of fourth level subcontracting, this responsibility is no longer clear-cut and can lead to legal difficulties.
5. Payment Guarantee
According to the French Civil Code (Article 1799-1), every entity commissioning work is obliged to provide a payment guarantee for subcontractors.
➡️ This obligation applies to every level of subcontracting , which means that each contract should provide for appropriate financial security.
➡️ In Poland, it is possible to obtain such a bank guarantee , so it is worth checking the available financing options in advance.
6. Procedure for obtaining a payment guarantee
- The entity commissioning the work provides a guarantee for its subcontractor.
- Each subsequent subcontractor should also obtain a payment guarantee from its client.
- For a fourth-tier subcontractor, there may be difficulties in obtaining a guarantee , which may lead to financial problems.
7. Consequences of no warranty
❌ The lack of a guarantee may invalidate the contract, leading to serious legal consequences. ❌ The subcontractor may suspend work until the guarantee is obtained. ❌ In the event of insolvency, liabilities may be transferred to a higher-tier entity. ❌ The lack of a guarantee may mean difficulties in recovering remuneration.
Summary
Subcontracting in France requires compliance with local administrative regulations and specific rules regarding liability and payment guarantees. When representing companies in France , you may notice that subcontracting levels are often necessary, but it's worth understanding local practices, as transferring knowledge in this area from your home country can be misleading.
