5. Délit de marchandage and lending of illegal labor

These offences are linked to the use of outside labour by companies. There are a number of reasons why companies may use outside labour, for example:

• carrying out work that is not part of its usual activity;

• wish to offload a specific activity (night security, catering, specialized or outsourced maintenance, etc.).

This practice is referred to by a number of expressions: "prêt de main-d'œuvre", "mise à disposition de personnel", "détachement", "délégation de personnel", "régie", "contrat d'assistance technique", the most common being "sous- traitance".

The use of outside personnel is possible, but the French Labor Code sets out a framework for the use of outside companies by a company to carry out work on its site. Outside this framework, it is illegal....