Are you a foreign company? Whether you work in the construction sector, transport, trade, temporary employment, events or even wine-growing, you have the same obligations (the sectors of construction and road transport have some additional specificities).
Your first obligation is to make a pre-posting declaration online (SIPSI Declaration) to provide the necessary information about the worker (s) to be posted.
You will also be required to appoint a representative in France. Its role is to keep in its possession the documents requested during a control, but also to accompany you during a control.
Apply to the competent social security authorities for the certificate of coverage - This document allows social security to be extended to the territory of another State. The certificate ("Form A1" in the European Union) allows the derogation of affiliation to social security system in the country where the posted workers are sent.
If you are controlled in France, you have the obligation to provide your representative with many documents, without delay such as:
If the secondment lasts one month or more, the company must also provide the pay slips of each employee, or any document attesting the remuneration, including the following mentions:
Beware, if you do not comply with French regulations when you detach workers in France, you risk heavy fines, recently increased during the establishment of the “Professional Future Law” (September 2018). In this case, the ceiling for fines imposed in the event of a breach by the employer has doubled, from € 2,000 per employee seconded to € 4,000. In the event of a repeat offense within 2 years, the fine will be increased from € 4,000 to € 8,000.
So Posting Worker by ASD offers you support in detaching your workers. We perform for you the administrative formalities, and you represent during checks of the French authorities. Discover our online store of services dedicated to the posting of workers, and make your order directly.
Want to know more about Posting worker in France ? Click here
The secondment of foreign workers is when an employer send his worker (s) to another EU Member State to work on a temporary basis.
According to the European provisions, the worker moving to the European Union is subject to a single social security legislation, and in general to that in the State where the mission will be carried out.
A posted worker is a worker sent by his / her employer to another EU Member State to work there temporarily. Posting of workers to Spain meets strict rules.
A new law was passed on September 5, 2018 including a section on the posting of employees and illegal work in France. This law eases the obligations of employers but strengthens the sanctions against posting fraud.
French law requires foreign companies posting one or more employee (s) in France to appoint a French legal representative. (Article L1262-2-1 of the Labor Code).
Do you work in the building, construction, real estate, commercial or other sectors and post workers in France?
Many obligations are incumbent on you and controls are more and more common for employers posting employees in France.
Firstly, you will have to pay a preliminary declaration of secondment, by informing the conditions of the detachment of your employee (company of reception, remuneration and conditions of work), as well as his information of identity (name, first name , etc.).
