Companies posting foreign workers in France
POSTING OF FOREIGN EMPLOYEES IN france
Secondment (or posting) of workers on French territory is a highly regulated practice. Any foreign employer wishing to provide services in France must comply with French social laws concerning their seconded employees, especially on matters related to remuneration and working conditions (work times, break times…)
WHAT ARE THE REGULATIONS CONCERNING POSTING OF WORKERS IN FRANCE ?
The July 2014 law against unfair social competition, as well as the Macron Law in August 2015 brought many changes concerning obligations relating to secondment of workers. The number of posted workers coming from Eastern Europe has considerably risen, +25% in 2015. To control this phenomenon and fight against dumping social, foreign employers must comply with certain obligations, in particular :
Payment of French minimum wage (social contributions remain due in the country of origin)
Employees work time
Appointment of a French Representative to act as liaison between French authorities and the foreign company
Filling out a prior declaration of secondment on the official French Labor Ministry of work SIPSI website (One declaration for each posted employee)
Obtaining a BTP card for each posted employee (in the construction industry (BTP)
In the event of non-compliance with these obligations, French law has provided heavy and dissuasive penalties. In less than a year, the number of checks conducted by Police, Work Inspection or URSSAF has more than doubled. Non-compliance with French regulations constitutes a real risk for foreign companies.
Conditions and obligations may differ depending on the industry, particularly where transport and construction (BTP) are concerned. For more detailed information, visit our specific dedicated pages and contact an expert in posting of workers.
POSTING OF WORKERS: KEY POINTS
Regulations concerning posting of workers in France apply to all companies established outside of France
Obligation to appoint a French Representative
Obligation to comply with French social law, in particular concerning payment of wages
Filling out a prior declaration of secondment on the official French Labor Ministry of work SIPSI website
Obligations in Transport and Construction industries differ from general regulations
asd group, YOUR reprEsentatIVE In france
ASD Group is an international firm that specialises in taxation and social law. Following the implementation of new regulations for foreign companies posting workers in France, ASD now offers a department fully dedicated to this activity.
Are you impacted by the obligations of this new law on unfair competition, or by the new Macron law ? Are you looking for an expert, who speaks your native language, specialised in posting of workers in France ? ASD can help and assist you in these complex proceedings.
In the Transport industry:
Regulations concerning foreign drivers driving in France contain a few specificities. ASD has set up a dedicated service specifically for secondment of employees in the Transport industry. For more information please visit our website : www.sotruck-app.com
FOR MORE INFORMATION CONCERNING SECONDMENT OF FOREIGN WORKERS In france
This is an extremely broad subject, and so this is why we have created a series of notices concerning this practice. You can consult them below. French authorities have also made available many ressources detailing relevant dispositions concerning posting of foreign workers, however please note that these documents are only available in French or English. For more information in another language, please contact an expert today and enjoy the serenity of being assisted by our team.
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