Posting of workers in France: new regulations

As per the decree issued on 28th July 2020 (link in French), new rules regarding the secondment of workers in France have entered into force on 30th July 2020. They evolve and become stricter with the aim to fight against unfair competition.

Strengthening of rules applicable to posted workers
 

The conventions and provisions related to the posting of workers become stricter with the adoption of this new decree. As a matter of fact, posted workers benefit from more favorable rules regarding remuneration. From now on, they will benefit from equal treatment and be subject to the same pay scales as their French counterparts working in the same branch of activity. No more systematic remuneration at the minimal wage!

Furthermore, the duration of application of legal dispositions pertaining to a secondment was of twenty-four months, so far. From now on, it will be limited to twelve months. Beyond this time, which is to say from the thirteenth month onwards, employers posting workers in France temporarily will be subject to almost all of the labor code’s dispositions, except for those related to:

• training and fulfilment of employment contracts,
• modification of employment contract for economic motive,
• secured voluntary mobility,
• transfer or termination of employment contracts,
• fixed-term contracts,
• construction contracts.

An extension lasting up to six months may be possible if the situation justifies it. In this case, the employer will need to send a declaration containing the valid motive to the administration. Otherwise, the employer may receive an administrative fine costing €4,000 per employee. If the offense is repeated within two years, the fine will increase to €8,000 per worker, and go up to an overall limit of €550,000.

The employer takes charge of professional expenses 

The core rights applicable to seconded workers increase and the refund of posted employees’ professional expenses for transportation, meals and accommodation is added.

The employer takes charge of these expenses. They will be credited in addition to the remuneration.

Moreover, this payment of professional expenses by the company is an obligation and depends on the following cumulative conditions:

• It must be provided for in legal dispositions or contractual stipulations.
• The employee must commute to or from his workplace, within the national borders, or commute between his usual workplace and a different site his employer sends him to temporarily.

Posting of workers in the temporary work sector

Hiring seconded temporary workers gives rise to new obligation.

When it comes to “direct” secondments, user companies established in France that hire temporary workers through a temporary work agency established abroad will have the obligation to inform the temporary employment firm of the latest regulations applicable on the French territory during the postings, especially with regards to the remuneration.

When it comes to “indirect” secondments, user companies established abroad and occasionally performing activities in France will only need to inform the temporary work agency of the regulations applicable in France.

Concerning the construction and public works sector, it is henceforth the employer’s duty to file a declaration for each employee in order to obtain a BTP card (compulsory personal ID document required by the French work inspection). This procedure is now available only online. In addition to the information already provided in the declaration of posting, you will also need to provide an ID photograph and, where necessary, the number of the working permit or residence permit that is equivalent to a working permit.

Declaration of posting – obligations of the purchaser

The purchaser or contracting authority will need to:

• Fulfill their duty of care;
• Declare all workplace accidents;
• Display the rules on sites of construction and public works.

In addition, within the framework of his duty of care, the purchaser or contracting authority will systematically need to ask an acknowledgement of receipt from his direct or indirect subcontractors, staff and temporary work agencies posting employees for the declaration of posting before the start of each secondment. The acknowledgement of receipt will need to be added to the staff register. Also, should the foreign employer fail to provide this delivery receipt, the purchaser or contracting authority will need to file an additional declaration of posting.

In the event the purchaser or contracting authority fails to fulfil his obligations, he will risk penalties.

Penalties for non-compliance with the obligations

In the event of a non-compliance with the obligations provided for within the scope of a secondment, the labor code provides for penalties against companies seconding worker, as well as against the purchaser or contracting authority in France.

Should the rules regarding the posting of workers not be respected, various penalties may be applied:

• ban or suspension of the service in the event of a severe breach to the rules of secondment.
• Administrative fines.

With its online service, So Posting Worker, ASD Group offers to take charge of all your obligations related to the posting of workers. Like so, this platform enables you to manage all your administrative procedure, such as:

• SIPSI or BTP card applications;
• Posting of workers’ management;
• Storing of compulsory documents;
• Following posting missions;
• Receiving information and alerts if your situation is or may become irregular, in order to prevent penalties.

Note: these new directives regarding the posting of workers do not apply to the driving staff of road transport companies. Indeed, secondment in the road transport sector is subject to its own rules. It is subject to specific terms and conditions, voted in July 2020 by the European Parliament.

More information on the Mobility Package - reform of the road transport.