The postingof workers in France is subject to new regulations since 28th July 2020. Verify your compliance with ASD Group.
A decree issued on 28 July 2020 (link in French) has implemented new rules regarding the posting of workers in France. They have entered into force on 30th July 2020. These measures, which have been set up in order to prevent unfair competition, evolve and become stricter.
The rules applicable to posted workers become stricter
With the implementation of this new decree, the conventions and provisions related to the posting of workers become stricter. As a matter of fact, thanks to this, seconded workers will benefit from more beneficial rules regarding remuneration. Employers will no longer be able to pay their seconded workers systematically on the minimal wage pay scale. They will need to pay their posted employees the same wages as that of non-seconded workers on an equivalent post.
Moreover, the legal dispositions pertaining to a secondment were applicable for a duration of twenty-four months. This time of application is now reduced to twelve months. Beyond this period, which means as of the thirteenth month, employers posting workers in France temporarily will be subject to most of the French labor code’s dispositions, save for those regarding:
- the training and fulfilment of employment contracts,
- the modification of employment contracts for economic motive,
- secured voluntary mobility,
- the transfer or termination of employment contracts,
- fixed-term contracts,
- construction contracts.
The application period may be extended by six months at most, and only if the situation justifies it. If that is the case, the employer will have to send a declaration explaining the motive of the extension to the administrative authority. In a situation of non-compliance, the employer may receive a fine costing €4,000 per employee. The aforementioned fine rises to €8,000 per employee if the employer repeats this offense within two years of the first occurrence. The total amount of the fine cannot exceed €500,000.
The employer takes charge of his employees’ professional expenses
The rights seconded workers are entitled to have become more diverse. They now include the payment by the employer, of professional expenses occurring during secondments. Consequently, the employees will be refunded their expenses regarding accommodation, meals and transport. These sums, left to the employers’ charge, will be paid on top of the wages.
Furthermore, the payment of employees’ professional expenses by companies is an obligation. It depends on the following cumulative conditions:
- Legal provisions or contractual stipulations must provide that the employer has the obligation to pay for said expenses.
- The seconded employee must commute to or from his usual workplace within the national borders, or commute between his usual workplace and a different site his employer sends him to temporarily.
Temporary employment sector: special mentions regarding the posting of workers
Employers hiring temporary seconded workers are now subject to new obligations.
Regarding “direct” secondments:
User companies are established in France. They hire seconded temporary workers through a temporary work agency established abroad. User companies will be subject to the obligation to inform the temporary employment firms of the regulations in effect on the French territory for the duration of the secondment, especially with regards to remuneration.
Regarding “indirect” secondments:
User companies are established abroad. They perform activities in France occasionally and will only need to inform the temporary work agency of the regulations applicable in France.
Concerning the special case of the construction and public works sector:
From now on, the employer is obligated to file a declaration for each employee so as to obtain a BTP card (compulsory personal ID document required by the French work inspection). This procedure can only be done online, now. The application must be submitted along with the information already provided in the declaration of posting, an ID picture of the worker and, if need be, the number of the working permit or residence permit that is equivalent to a working permit.
Declaration of posting – obligations of the purchaser
The purchaser or contracting authority will need to:
- Fulfill their duty of care;
- Declare all workplace accidents;
- Display the rules on sites of construction and public works.
In addition, the purchaser or contracting authority has a duty of care to uphold. He will therefore need to make sure to receive an acknowledgement of receipt for each employee from the parties concerned (direct or indirect subcontractors, temporary work agencies posting employees).
This document must be added to the staff register. Moreover, if the foreign employer is unable to present the acknowledgement of receipt, the purchaser or contracting authority will need to file an additional declaration of posting.
In the event the purchaser or contracting authority fails to fulfil his obligations, he may be subject to penalties.
Penalties for non-compliance with the obligations
Should a situation of non-compliance with the obligations provided for within the scope of a secondment arise, the labor code provides for penalties applicable, not only to the company seconding workers, but also to the purchaser or contracting authority in France.
In the event the rules regarding the posting of workers are not be respected, various penalties may be applied:
- Ban or suspension of the service provision in the event of a severe breach to the rules of secondment.
- Administrative fines.
With its online service, So Posting Worker, ASD Group offers to take charge of all your obligations related to the posting of workers. Like so, this platform enables you to manage all your administrative procedure, such as:
- SIPSI or BTP card applications;
- Posting of workers’ management;
- Storing of compulsory documents;
- Following posting missions;
- Receiving information and alerts if your situation is or may become irregular, in order to prevent penalties.
Note: the new directives mentioned in this article don not apply to the posting of workers in the road transport sector. In fact, this specific sector is subject to a particular set of rules. The secondment of truck drivers follows specific terms and conditions, adopted in July 2020 by the European Parliament.
More information on the mobility package.