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France: Labour Law, contractors’ duties of vigilance and solidarity

In a decision dated 8 January 2026, the Cour de Cassation held that under Article L.8222-2 of the Labour Code, a contractor cannot be held liable for undeclared work carried out by a subcontractor under a separate contract with another contractor.
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The Cour de Cassation (French Supreme Court) published a decision on 8 January 2026 about Article L.8222-2 of the Code du Travail (Labour Law Code). Accordingly, a contractor cannot be held responsible for the undeclared work of a subcontractor resulting from another contract with a different contractor. 

Facts 

A French company, acting as a contractor, hired a subcontractor to perform a service. This subcontractor was, at the same time, undergoing a judicial procedure for undeclared work performed for a different contractor under a separate contract. 

Legal background 

Article L.8882-1 of the Code du Travail (French Labour Code) establishes the ‘duty of diligence’: A contractor is responsible for verifying the legal compliance of the subcontractor’s obligations to declare its work and profits. 

Article L.8882-2 of the same Code establishes the ‘mechanism of financial solidarity’: When the contract failed its duty of diligence, it is held responsible for the penalties imposed because of the subcontractor’s undeclared work. 

Issue 

The URSSAF (France’s organisation responsible for tax collection) took the contractor to Court demanding payment for the subcontractor’s undeclared work. However, the subcontractor’s undeclared work was the result of another contract with a different contractor.  

URSSAF thus sought a broad interpretation of the laws mentioned above.  

Decision 

The Court dismissed URSSAF’s claim, confirming that the duty of vigilance established in Article L.8882-1 applies solely to the contractor responsible for the undeclared work. Other contractors entering a contract with the same subcontractor hold the duty of vigilance only towards the work performed under this specific contract. 

Therefore, the duty of solidarity does not apply in this case. 

Impact 

This decision clarifies the obligations of the contractor under French Law: A contractor is not responsible for verifying the subcontractor’s ‘legal compliance of its working history’ before entering a contractual relationship with the latter.  

The contractor is still responsible for verifying the legal compliance of the subcontractor’s declaration of work and profits under their specific contractual relationship. 

 

Regulatory Framework

Authority Source Number Article Type Date Link
French Supreme Court Decision No. 23-19.281 23-19.281 / Jurisprudence 08/01/2026 Read more
French Government French Labour Law Code / L.8222-2 Law 01/05/2008 Read more
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