This legal representative is the liaison between the foreign company and the French authorities (labor inspection, gendarmerie and police but also the tax and customs service), throughout the period of secondment and especially during regular checks of authorities.
The appointment of this representative is made in writing and must be signed by both parties (the company and the legal representative). This designation must absolutely be translated into French so that it can be valid. It creates a representation contract in which the following elements are included:
– The effective date (beginning and end);
– the duration of the designation (not exceeding the period of secondment);
– The place of conservation of the mandatory documents at the secondment (which must be transmitted in case of control)
Apart from the mandatory retention of posting declarations (SIPSI declaration), there are a number of mandatory documents to be kept such as: documents that prove the actual payment of wages to employees or the record of the hours worked by the worker.
These documents are required during the inspection carried out by the French authorities, which obliges the representative to keep the documents in computer or paper format accessible at all times so that they are presented to the authorities if necessary.
The legal representative is appointed for the secondment and takes the regulatory responsibility assigned to him by the foreign company in order to carry out on his behalf all the obligatory steps on the French territory.
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Want to know more about the Posting of workers 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 company non-established in France that sends employees to the territory in order to perform a practical service a secondment of employee.
It should be noted that the posting of workers is highly regulated today, and therefore very controlled.
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.
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.).
