A service offered by ASD
EN
HOME
YOUR OBLIGATIONS
Service area
BLOG
FAQ
CONTACT

Brexit : Posting of foreign workers in France

25 April 2019
Updated on: 05 May 2020

For British employees seconded to France, the maintenance of the United Kingdom social security system is by law but subject to some conditions and if they are not met, exceptional agreements may be concluded.

In both cases contributions and social contributions will be still paid in the State where the company is established, which allows its exemption from payment in France.

WHAT ARE THE CONSEQUENCES OF BREXIT ON THE OBLIGATIONS REGARDING THE POSTING OF BRITISH EMPLOYEES IN FRANCE?

Since the United Kingdom has not brought Article 50 of the Lisbon Treaty, the posted workers will continue to contribute to the British social security while being exempt from French social security contributions, under the conditions laid down in the European regulation for social security.

If they leave the European Union, their situation will depend on the agreement between the United Kingdom and the European Union. If the UK leaves the EU but stays in the European Economic Area (EEA), no change will occur. And if it does not remain in the EEA, it will be necessary to determine whether employees will benefit from the old Franco-British social security agreement of July 10, 1956, whose scope is much more limited than the European regulations (the duration of the secondment is 12 months maximum).

If you have any questions about the posting of your workers, you can contact our experts. If you also wish to order our posting of workers service online, please visit our e-shop.

Want to know more about the Posting of workers in France ? Click here

You might be interested in these articles

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.

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

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.

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.).