Starting from 1st July 2017, a new decree reinforces the rules regarding the posting of employees, in particular in the Building & Public Works and Transport sectors, to combat illegal international services. Indeed, the number of workers posted has increased over the past few years.
Public and private Project owners and principals are confronted with an increasing number of obligations when they use a posted worker. This decree now requires project owners and principals to obtain a copy of the secondment statement from foreign sub-contractors.
Other obligations include displaying information on worksites relative to French labour legislation such as:
- Maximum working time
- Minimum pay
- Compulsory individual protective equipment
- Other obligation: the legislation displayed should be translated to be easily understood by everyone.
SANCTIONS IMPLEMENTED TO COMBAT THE ILLEGAL POSTING OF WORKERS
Warning, if all the conditions mentioned in this new decree are not fulfilled, there is a risk of incurring administrative and financial sanctions. These are detailed in the text of the law, and involve above all the liability of the project owners. In the event of fraud concerning illegal international services or labour, the prefect of the department (administrative region) concerned may decide to shut down the site, depending on the seriousness of the offence. It is therefore of prime importance to seek further information immediately and implement the requisite provisions for proper compliance with the law.
Obligations may differ depending on the business sector. Use our online service So Posting Worker to help you manage the mandatory administrative formalities related to the posting of workers in the Building and Public Works sector ; So Truck, the online service dedicated to the transport sector. If you need, you can contact one of our experts to help you with your formalities.