The harvest season is coming and you want to hire foreign workers in France or Italy? This is obviously possible, and is called the posting of workers. Just follow a few rules that we explain in this article.
What is the posting of employees?
This is an employee who is sent by his employer in another Member State within the framework of a specific fixed-term mission, he is then called “posted worker”.
Note that a company must have a significant activity in its country of origin in order to send employees as posted workers in another country.
Here is an example of secondment for the harvest: a Polish employee whose employer is an interim agency in Poland, can be sent to France to carry out a 2-month harvesting mission.
Obligations to second employees in France and Italy
The foreign company must comply with certain obligations if it decides to second employees in order to avoid financial penalties of up to € 500,000 in France and up to € 150,000 in Italy. In particular, it has the obligation to make a prior declaration of secondment and to appoint a representative in the country in which it carries out the secondment. Discover all the obligations concerning posting on our dedicated So Posting Worker website.
The “grape contract” in France
The “grape contract” facilitates the hiring of seasonal workers in France. This contract is open to French residents, but also European and international. It is possible for a private or public sector employee to work with a “grape contract” during paid holidays. This is a one-month seasonal contract, renewable for one month (it is thus limited to two months per year).
As a matter of fact, until 1 January 2015, the “grape harvest contract” allowed for an exemption from employee contributions. Since that date, it allows only the exemption of employers’ contributions.
Are you a farmer or winemaker in France and want to hire seconded workers for the harvest season? Are you an interim agency and send employees for a mission in Italy or France?