Are you posting workers in France ? This is what you need to know !
All foreign companies posting workers on French territory must, before the start of the mission, create an account on the French Administration official website sipsi.gouv.fr and complete a prior declaration of posting. This procedure must be completed for each worker and for each mission. Find out more about the prior declaration of posting by reading our article on the subject.
The French Labour code (Article L1262-2-1) requires that companies established outside of France, who post workers on French territory, must appoint a local representative. This provider is in charge of liaising with Work Inspection, Police (and Gendarmerie) Services, Customs and Fiscal Administrations. The representative stores all legal documents of the foreign company, namely : Representation contract, Prior declarations of posting, workers employment contracts etc.
The foreign company must, without delay, provide its designated representative with the following documents in the case of a Work Inspection check:
- Any document attesting the effective payment of salary and compliance with minimum remuneration
- A time ticket showing the start, end, and core work time daily for each employee
- A copy of the employer’s representative designation
When the duration of posting equals or exceeds 1 month, each posted worker’s pay slips or equivalent documents attesting remuneration and comprising the following elements :
- Minimum wage, including overtime bonuses
- Work periods and schedules pertaining to the salary, distinguishing between hours paid at normal rate from hours paid overtime
- Holidays and public holidays, as well as relevant remuneration elements
- Conditions of taxation liability to the “caisses de congés et intempéries”, as required
- If appropriate, title of the Collective Agreement applicable to the employee
ASD Group is a French firm, specialized in Social and Fiscal representation for the past 20 years. Following the new obligations recently put in place by French authorities to regulate posting of workers in France, we decided to create SoPosting Worker, a dedicated service for representation of foreign companies posting workers in France. This all-in-one service allows us to assist companies from A to Z in the mandatory formalities required when posting a worker : appointing a representative, creating an account on the SIPSI website, completing the prior declarations of posting, customized assistance in case of check by Work Inspection… For more information on our service, visit our dedicated page.
The risks involved with non-compliance with the current obligations on posting can be major.To avoid mistakes, a team of specialists is ready to help you, and assists you from A to Z.
When you post workers in France, you are required to appoint a representative who will serve as liaison between French authorities and your company. Our service evidently includes this key point.
For each posted worker, you are required to complete a prior declaration of posting on the French Ministry of Labour’s official website www.sipsi.gouv.fr . As your representative, we offer to create your SIPSI account and to complete the prior declarations of posting of all your posted employees. You will instantly receive the receipt of the declaration you must provide your employee with before the start of his/her mission.
Checks are liable to be carried out by Work Inspection, Police or Gendarmerie, on your posted workers on site. During a check, the representative provides all the necessary documents to prove your compliance, and addresses all the authorities’ requests.
Obligations concerning posted workers in France are more binding for companies in the Construction Industry (BTP). Since early January 2017, employees working on construction sites in France are required to request a professional identification card beforehand. This card is known as the BTP card. For more information on the “carte BTP”, please visit our dedicated page.
Foreign Transporters with posted drivers on French territory also have specific obligations. The Macron Law, which came into force on July 1st 2016, sets the new regulation framework to follow. We have created a service dedicated to Transport companies : SoTruck. If you work in the Transport Industry, you can find more information on our dedicated page.
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