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)
THE OBLIGATION TO KEEP DOCUMENTS FOR THE POSTING OF YOU EMPLOYEES
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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