European law lays down a number of obligations relating to posting of workers regarding working conditions. The rights of posted workers are protected and the employer must respect the laws of the country of destination (salary, working time, leave, etc.). Many sectors are involved in posting of workers: construction, transport, events, trade, agriculture, temporary work among others. Before sending your employees for a short mission to another Member State of the European Union, make sure you comply with the law. Posting of workers may not exceed two years, with an exceptional possibility of extension.
The rules of posting of workers to Spain have been updated by Royal Decree-Law 9/2017 of May 26, 2017.
The company posting one or more employees must respect the following obligations:
– Declare the posting to the authorities before it is implemented and appoint a representative located in Spain.
– Keep all documents relating to the posting (pay slips, record of working hours, residence / work permit), these proofs being likely to be checked by the Spanish authorities. All these documents must be translated into Spanish.
– Report to the authorities any health problems of employees occurring during the mission.
In case of fraud and non-compliance with the law, the employer faces heavy penalties and fines as defined by Article 10 of the Royal Decree of 4 August.
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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 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.
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.).
