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Construction and Public works & Transport : Attention to the sanctions concerning posting of workers

The law concerning posting of workers in France has been strengthened, and new sanctions have been introduced to fight against provision of illegal international services. Project owners, principals and employers established outside France are affected by these new regulations.

RESPONSIBILITY FOR THE PROJECT OWNERS AND PRINCIPALS

The decree N° 2017-825 of May 5 2017 which came into force on July 1, 2017, requires a greater attention from the project owners, principals and the employers based outside of France regarding the posting of workers in France. The French law insists that the project owners and principals get involved in filing different declarations (declaration of secondment, workplace accident declaration). These declarations must be sent within the deadlines and must contain detailed information in order to avoid sanctions. For example, failure to receive the secondment declaration may result in the Labour inspection officer transmitting a report to the regional director. It should be noted that project owners and principals may be subject to sanctions ranging from 2 000€ to 500 000€. Finally, from now on also the project owners and principals can terminate the temporary suspension of an activity by sending the necessary regularisation documents.

A SANCTION CAN RESULT IN THE SUSPENSION OF ANOTHER WORKSITE OF THE COMPANY

From now on, the prefect may decide to stop the activity also on another worksite of the company, not necessarily the one where the breach or infringement was committed. Depending on the degree of the infringement, the prefect will choose the duration of the worksite suspension. Therefore, a particular attention must be paid to the dealing with the administrative procedures related to the posting of workers within the deadlines.

The conditions may vary depending on the sector of the activity. Do not hesitate to visit our online application SoPosting Worker that facilitates the management of administrative formalities concerning posting of workers in the sector of Construction and public works; SoTruck, our online application dedicated to the sector of transport, or to contact one of our experts who are ready to help you with your procedures.

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