The lex specialis, transposed into French law on 2 February 2022, introduced specific rules for secondment in the road transport sector, in line with the European directive of 15 July 2020. These regulations give rise to new reporting and administrative obligations for EU companies posting drivers to France.
Companies covered by the lex specialis and posting drivers to France must now take the following steps:
- submit a pre-departure declaration via the European Commission’s IMI portal,
- provide the documents required for checks via IMI, without having to appoint a representative in France.
For companies seconding drivers to France outside the scope of the lex specialis, the regulations were previously governed by the French Transport Code, which required them to submit a secondment certificate via the SIPSI teleservice and to appoint a representative in France. However, with the introduction of the lex specialis, which applies specifically to road haulage drivers seconded to provide international services, the French government has decided to amend the regulations governing the secondment certificate in certain cases.
Since 1 January 2023, following the Order of 5 October 2022, transport companies seconding their drivers or crew who were still subject to the secondment certificate (French Transport Code) are now subject to the rules of the Labour Code and must complete a prior declaration of secondment (Labour Code) via SIPSI in certain situations:
- Secondment between branches of the same company, or between companies in the same group
- Secondment via a temporary employment agency
However, the secondment certificate (Transport Code) will remain in force until 1 July 2026 for the carriage of goods of less than 3.5 tonnes and the carriage of passengers of less than 9 persons using light vehicles.
All companies, whether subject to the secondment certificate or the prior declaration, must appoint a representative in France for the period of secondment, up to 18 months after the transport service has been provided. Article R. 1333-2 of the French Transport Code provides for penalties in the event of non-compliance or incomplete information.
With its ASD SPW software solution, ASD Group can take care of all your obligations relating to the secondment of foreign workers in a wide range of sectors, including construction, viticulture, commerce and road transport. With this platform, specially designed for the secondment of employees, you can manage your administrative procedures, such as :
- SIPSI or BTP card applications;
- Managing the secondment of employees ;
- Storage of mandatory documents ;
- Monitor secondment assignments;
- Receive information and reminders about the absence of posting regulations in order to avoid any penalties.
For more information, please see our blog post on the ASD SPW website. Please contact us for more information.
Source : Ministry for Ecological Transition and Territorial Cohesion / European Commission
