Individual freedom is guaranteed. No one may be prosecuted except in the cases specified by the law and in the form which it prescribes. No one may be arrested or detained [plac] except in the cases specified by the law and in the form which it prescribes. Except in the case of flagrante delicto, no one may be arrested except by virtue of a substantiated order of a judge, which must be served, at the moment of the arrest, or at the latest within twenty-four hours. Every person must be informed without delay of the means of legal recourse [they] have at [their] disposal to recover their freedom.
(1) Constituting the infraction of trafficking in human beings is the act to recruit, transport, transfer, harbour, house a person, to pass or transfer control over them, in view of...
(2) The previous infraction in the first paragraph is punished with a penalty of imprisonment for three to five years and a fine from 5,000-50,000 euros (3) The attempt to commit the infraction under paragraph 1 is punished with a penalty of imprisonment from one to three years and a fine of 5,000-10,000 euros
(1) The offense provided for in article 382-1, paragraph 1, shall be punishable by imprisonment from five years to ten years and a fine of € 50,000 to € 100,000 in the following cases:
(1) the offense deliberately or through gross negligence put the life of the victim in danger; or
(2) the offense was committed by abusing the particularly vulnerable situation in which a person finds himself, in particular because of his illegal or precarious administrative situation, his precarious social situation, a state of pregnancy, a disease , Infirmity or physical or mental disability; or
(3) the offense was committed by threat of recourse or use of force or other forms of coercion, abduction, fraud, deceit; or
(4) the offense was committed by an offer or acceptance of payments or benefits to obtain the consent of a person having authority over the victim; or
(5) the offense was committed by a legitimate, natural or adoptive ascendant of the victim or by a person who has authority over it or abuses the authority conferred on him by his functions; or
(6) the offense was committed by an officer or public officer, a depositary or a law enforcement official acting in the course of his duties.
(2) The offense provided for in article 382-1, paragraph 1, shall be punishable by imprisonment from ten years to fifteen years and a fine of € 100,000 to € 150,000 in the following cases:
(1) the offense was committed by means of violence; or
(2) the offense was committed within the framework of an association of criminals or a criminal organization within the meaning of Articles 322 to 326 of the Criminal Code; or
(3) the offense was committed against a minor; or
(4) the offense was committed by torture; or
(5) the offense caused the victim's death without intent to give it.
(3) The consent of a victim of trafficking in human beings does not exempt the perpetrator or accomplice from criminal responsibility in any of the offenses or attempted offenses under sections 382-1 And 382-2.
(4) The consent of a victim of trafficking in persons shall not constitute a mitigating factor in any of the offenses or attempted offenses referred to in sections 382-1 and 382-2.
Someone who, by violence or menace, constrains someone to contract a marriage or partnership, is punished by imprisonment from one year to four years and a fine of 20,000 euros to 40,000 euros, or one of these penalties only
Chapter III.- Illegal Provision of Labor
Art. L. 133-1.
(1) No activity shall be carried on outside the rules referred to in Chapters I and II of this Title by an employer which consists of placing employees engaged under a contract of employment at the disposal of third parties who use these Employees who exercise a part of the administrative and hierarchical authority normally reserved for the employer.
(2) The following shall not be considered prohibited within the meaning of subsection (1):
However, if the services responsible for monitoring the application of this Title find that the work or the making available by those services, establishments or institutions concerned are carried out on financial terms in excess of the conditions laid down by way of The ministerial approval may be withdrawn and the activity in question is to be regarded as unlawful within the meaning of subsection (1) of this section;
Art. L. 133-2.
(1) The contract by which an employee is hired to be made available to a user in violation of the foregoing Article L. 133-1 is void.
(2) In the case referred to in the preceding paragraph (1), the user and the employee shall be deemed to be engaged in the employment relationship of an indefinite duration at the commencement of the worker's employment.
However, the employee may terminate the contract without notice or indemnity until termination of the provision of the user.
Art. L. 133-3.
In the event of violation of the provisions of Article L. 133-1, the user and the person making the employee available to the user are jointly and severally liable for the payment of wages and their accessories, Related social and tax charges
Chapter II. Child Labor
Art. L. 342-1.
It is prohibited to employ children within the meaning of Article L. 341-1 for work of any kind except in the cases and under the conditions provided for in Articles L. 342-3 and L. 342- 4.
Art. L. 342-2.
Child labor within the meaning of this Chapter means any paid work performed by children as well as any unpaid work performed in a recurring or regular manner.
Art. L. 342-3.
Not considered child labor, provided it does not involve hazards or risks to children, does not compromise their education or training, and is not harmful or detrimental to their health Or physical, psychological, mental, spiritual, moral or social development and does not entail the economic exploitation of children:
Art. L. 342-4.
(1) The participation of children, whether for profit or professionally, in audiovisual or cultural, artistic, sports, advertising or fashion activities shall be prohibited.
The prohibition laid down in the first subparagraph above also applies to the participation of children, even on a non-profit or non-professional basis, in activities which are of a commercial nature or fall within the usual activity of the child, Organizer, promoter or company for which the children are engaged in the activity.
The prohibition laid down in the said paragraph 1 shall not apply to the participation of the child on a non-profit-making basis in the activities referred to therein, either as a member of a sports, cultural or artistic association or as part of activities associative.
(2) However, upon written request from the organizer of an activity referred to in the first two paragraphs of subsection (1), a written authorization from the legal representative of the child may be issued by The Minister having Labor in his or her attributions, on the advice of the Director of the Labor and Mines Inspectorate or his delegate, the Ministers having the National Education, Vocational Training and the Family in their attributions and the attending physician. The Director of the Labor and Mines Inspectorate may also request the advice of a physician other than the attending physician.
For the purposes of this Article, the term "organizer of an activity" within the meaning of the preceding paragraph includes, in particular, persons, associations, companies and other bodies assuming any responsibility in fact or Organizing or financing the activity, as well as agencies, managers, impresarios and other persons, associations, companies or bodies concerned with the presence of the child in the activities referred to in this article.
(3) No authorization may be issued for variety shows or cabarets
4) Children shall not be permitted to participate in the activities referred to in this section except under the following conditions:
(5) Without prejudice to the foregoing, the Minister having the Labor in his or her attributions may waive the age requirement set out in subsection (4) of this section. It shall first consult the Minister responsible for the Family, the Labor and Mining Inspectorate, the attending physician and, if necessary, another physician for that purpose.
(6) The Director of the Labor and Mines Inspectorate or his or her delegate may, with respect to the granting of the authorization referred to in subsection (5), and during the activities, Of the child by the psycho-socio-educational staff of the Labor and Mines Inspectorate in the presence of the attending physician and, if necessary, another physician for that purpose and a psycho agent -socio-education of the Ministries of National Education and the Family.
(7) If children do not participate in the activities referred to in subsection (1), they must not engage in economic exploitation