De nombreuses entreprises du secteur de la construction ont besoin d’envoyer leurs salariés travailler à l’étranger pour une durée déterminée, et donc d’effectuer un détachement de travailleurs. Cette pratique répond à des règles strictes.
Post your workers abroad in the construction sector
THE RULES OF POSTING OF WORKERS
The obligations vary according to countries, while the social laws of the country of posting must be respected (working time, minimum wage, etc.). Social contributions are due in the country of origin.
In France, the SIPSI pre-posting declaration must be completed and a representative appointed to liaise between the authorities and the company, regardless of the sector of activity.
In Italy, a prior declaration (Distacco Transnazionale) and the appointment of a local representative will also have to be made.
SPECIFICS TO THE POSTING OF WORKERS IN THE CONSTRUCTION SECTOR
In France, every employee must obtain a construction card (called “carte BTP”), including those posted by a foreign company. This compulsory and nominative professional identification card must be in the possession of the employee and may be checked at any time by the authorities.
Worksite employees will also need to be informed of their rights with an information document translated into their mother tongue and the employer’s main informations must be displayed in a visible way in the workplace.
SANCTIONS IN CASE OF NON COMPLIANCE
Failure to comply with the posting of workers obligations entails heavy penalties.
In France, the company whose employees do not have a BTP card is liable to a fine of € 4,000 per employee and up to € 8,000 in the event of a repeat offense. In case of non-declaration of the worker, or if the declaration contains errors, the fines range from 4 000 € to 500 000 €.
In Italy, the non-declaration of posted workers entails a fine of € 150 to € 500. In the event of non-representation, a fine ranging from € 2,000 to € 6,000 is due.
ASD Group offers a complete management service for posted workers in the construction sector. You can contact us to learn more, or just visit our e-shop to order our services directly !