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« Avenir Professionnel » law: new measures relating to secondment of workers and illegal labor


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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Brexit : Posting of foreign workers in France

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.

Posting of foreign workers to Spain

A posted worker is a worker sent by his / her employer to another EU Member State to work there temporarily. Posting of workers to Spain meets strict rules.

Are you posting workers in France? You have many mandatories !

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.

The importance of having a legal representative for the posting of your employees

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).

Are you posting employees in France?

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.).