A company not established in France that posts employees in France has declarative obligations, but also the obligation to keep documents to present in case of control by the Labor Inspectorate.
Article R1263-1 of the Labor Code provides that the employer established outside France must keep at the place of work of the employee seconded to France, the documents that allow to verify the information relating to the posted employee and must appoint a representative in France.
Documents to keep for seconded employees
For the duration of the secondment:
- the document certifying the actual payment of the salary
- the record of hours indicating the beginning, the end and the duration of the daily working time of each employee
- a copy of the representative designation
- the work permit allowing the employee who is a national of a third country to work in France
If the period of secondment is greater than or equal to one month, must be kept:
- all payslips of each seconded employee or any equivalent document evidencing the remuneration and which includes the minimum wage (including surcharges for overtime)
- proof of payment of wages
- the period and hours of work to which the salary relates (distinguishing between the hours paid at the normal rate and the hours with a mark-up)
- holidays and holidays (and related pay items)
- if applied, the title of the branch collective agreement applicable to the employee
- the medical certificate of the country of origin
Documents for companies posting employees
Must be kept:
- all documents proving that the company posting employees has a real activity in its country of establishment
- the employment contract or any equivalent document certifying in particular the place of recruitment of the employee
- the document certifying the law applicable to the contract binding the employer and the legal representative established on the national territory
- the document showing the number of contracts executed as well as the amount of turnover that the company makes in its State of establishment and in the national territory.
All these documents must be accessible for consultation from the national territory as they can be communicated to the screening officer in paper or computer format.
Warning: the failure to present these documents in French is punishable by a fine of up to € 2,000 per seconded employee (€ 4000 in case of reiteration within one year) that does not exceed one total of 500 000 €.
With its online posting services of foreign workers So Posting Worker and So Truck, ASD Group offers you a platform dedicated to the preservation of your mandatory posting documents during and up to 2 years after the secondment of your employee.