CHANGES RELATED TO POSTING WITH THE « AVENIR PROFESSIONNEL » LAW :
The ceiling of the administrative fines imposed on the employer has doubled, in fact it reaches 4000 € per seconded employee instead of 2000 € previously, and 4000 € to 8000 € in case of recidivism found within a period of 2 years.
The principal duty of care as regards the payment of the employer’s fines seconding employees, which commits the client to verify at the conclusion of the contract, that the employer has paid the payment of fines.
Incase of non-payment of an administrative fine for non-compliance with the posting rules, the company that posts employees may be prohibited by the Direccte (Direction of work), the provision of service. Failure to comply with this prohibition decision will result in a new fine, up to € 10,000 per dependent employee concerned.
In case of a recurrent secondment, the administration may arrange some of the obligations of a company posting employees.
The systematization of “blacklist” in some cases of illegal work: Known as “Name & Shame”, this principle of distributing a blacklist of companies convicted of illegal work, will become mandatory against any enterprise guilty of an offense of unlawful work committed in an organized gang against minors subject to compulsory education or any known person in a state of dependence and vulnerability.
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