The posting of employees is a mechanism whereby a company temporarily sends its employees to work in another country while maintaining their status as the primary employer. This practice, often used for specific assignments, international projects, or skill transfers, requires a clear understanding of the associated rules and obligations.
Posting involves sending an employee by their employer to work in another country, while keeping their original employment contract and terms of employment intact. This process is commonly used when a company needs to address specific international needs, such as temporary projects, training, or supervisory assignments.
Employee posting allows companies to optimize their international presence by mobilizing specific skills where they are needed. It also facilitates knowledge transfer and strengthens international relationships.
Understanding employee posting is crucial for any company operating internationally. By complying with legal obligations and ensuring the protection of employees’ rights, businesses can fully leverage the opportunities offered by this practice while ensuring compliance and the well-being of their employees.
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Secondment of Employees: In which situations can a company resort to it?
A foreign company can second employees to France in several specific situations. Here are the main ones:
Execution of international contracts
When a foreign company is engaged in a contract in France, it can second employees to fulfil the obligations of the contract. This is common in construction projects, industrial installations, or any other type of work requiring a physical presence on French territory.
Temporary projects
Foreign companies can second employees for temporary projects in France. These projects may include consulting assignments, audits, or specific tasks requiring expertise that the foreign company possesses.
Transfer of skills
When a foreign company wishes to transfer specific skills or technologies to its partners or clients in France, it can second employees to train local teams or provide technical expertise.
Subsidiaries or branches in France
If a foreign company has a subsidiary or branch in France, it can second employees to oversee local operations, train staff, or perform management functions.
Compliance with French laws
The company must comply with French labour laws, including the minimum wage, working conditions, and collective agreements applicable in the industry sector.
In France, failure to comply with the rules on the posting of workers by foreign companies can lead to significant financial penalties. Fines can reach up to 10,000 euros per employee for violations such as failing to declare the posting or not respecting working conditions. Companies can also be penalised if they do not comply with social security obligations, with fines proportional to unpaid contributions. Other penalties include fines for non-compliance with health and safety standards, as well as obligations to reimburse unpaid wages and associated interest. In the case of serious breaches, additional measures such as the publication of violations or restrictions on access to public procurement may also apply. It is therefore crucial for foreign companies to strictly adhere to French rules to avoid
In France, the payment of the French minimum wage (social security contributions remain due in the country of origin)
Employees’ work time
Designate a representative to act as a liaison between the authorities and the foreign company
Fill out a prior posting declaration (SIPSI declaration in France)
For the transport sector in France, obtain Crit'Air stickers
Obtain a BTP card in France for each seconded or French employee (for the construction sector). To learn more about the BTP card, visit our page: What is the BTP card and how to obtain it?
For posting to France, inform the employees on the construction sites about their working conditions and rights via mandatory display and information documents translated into the workers' languages.
Issues and challenges of posting workers to France
When a foreign company wishes to post workers to France, it may face several obstacles, including legal, administrative, and cultural challenges. Here are the main issues:
Compliance with French laws
The company must comply with French labour laws, including the minimum wage, working conditions, and collective agreements applicable in the industry sector.
Prior declaration
Before posting, the company must make a prior posting declaration (via the SIPSI system) to the French labour inspection. This procedure is essential and must be completed properly.
Appointment of a representative in France
The foreign company must appoint a representative in France, responsible for liaising with the French authorities and keeping certain documents related to the posted workers.
Increased inspections
Foreign companies are often subject to inspections by the labour inspection, which can lead to complications if all documents and obligations are not in order.
Compliance with posting durations
The posting is time-limited (generally 12 to 24 months), and extensions may require additional steps or even force a change in the worker's status.
Risk of sanctions
In case of non-compliance with obligations, companies may face administrative or criminal sanctions, including significant fines.
The ASD SPW platform is the ideal solution for you, and ASD Group helps you overcome these obstacles efficiently.
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Our expertise allows us to be a trusted partner of European tax and customs administrations for over 20 years, ensuring your activities within the EU and your reputation with European tax and customs authorities.
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We respond to all client requests within a 48 working hours timeframe, ensuring smooth and efficient communication throughout the process.
Constant regulatory monitoring
Our experts maintain a constant monitoring of regulatory changes, allowing you to stay informed and quickly adapt to changes.
ASD SPW
ASD SPW is a 100% online platform for managing procedures and centralising mandatory documents related to your foreign worker posting assignments.
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