3. Our advice

3.1 Pay close attention to the terms and conditions of subcontracting contracts

To avoid the risk of litigation arising from a subcontract being reclassified as a contract of employment or an unlawful loan of labor, you must take particular care when drafting the terms and conditions of the contract:

• precise designation of the tasks entrusted to the subcontractor and the corresponding know-how ;

• set a fixed remuneration that does not vary according to the number of people mobilized by the subcontractor and the number of hours worked (because if the subcontractor is remunerated according to time spent, it becomes an employment contract);

• supply by the subcontractor of...