Business that post employees in France must comply with the provisions of Community Directives 96/71/EC and 2014/67/EU to ensure the rights and working conditions for employees seconded to work in EU countries and to prevent any form of unfair competition between businesses.
During the period of the employee’s secondment in France, the conditions envisaged in the French Code du Travail must therefore be ensured in relation to:
- Hourly wages
- Legal work schedule and rest periods
- Payment of overtime
- Workplace health and safety
- Designation of a company representative located in France with intermediary responsibilities / Designated entities in the event of an audit during the secondment
The Savary Law of 10 July 2014 and Macron Law of 6 August 2015 have helped to strengthen the employee secondment control measures in French territory by imposing new sanctions and liability for not only the company seconding employees in France but also on the project managers and contractors, in the case of construction sites.
Furthermore, as a result of Decree no. 2016-418 of the Macron Law, effective 1 July 2016, companies in the road transport sector must draw up a certificate in relation to drivers conducting transport in French territory to be retained in the vehicle (Attestation de Détachement of a travailleur roulant ou navigant dans the cadre de l’exécution of a prestation de service par une entreprise de transport), the driver’s wages shall be adjusted to the French minimum wage (SMIC), and the company must designate a business representative located in France. The certificate is valid for 6 months.
Effective 1 October 2016, the secondment (Déclaration Préalable de Détachement) must be communicated electronically using the SIPSI (Système d’Information sur les Prestations de Services Internationales) portal. The system will allow the regional departments of the Labour Inspectorates to carry out verifications more efficiently and allow the possibility of storing data for statistical purposes (regulatory reference: Decree no. 2016-1044 of 29 July 2016).
As of 22 March 2017, in implementation of Decree no. 2016-175 of the Macron Law approved on 22 February 2016, an identification card is mandatory for employees in the construction sector, referencing the secondment period and the construction site (carte d’identification professionnelle des salariés du bâtiment ou des travaux publics). This includes the companies mentioned in Art R 8291-1 of the French Code du Travail (open link below)
Effective 1 April 2017, in implementation of the Macron Law applied to the third-party transport sector, drivers of vehicles headed to France must request the A1 European Community Certificate from INPS, which verifies the social security agency in the drivers’ home country.
- Consultancy on employee secondment in France and conditions to be applied during the secondment period in France;
- Preparation and submission of the Déclaration Préalable de Détachement;
- For the road transport sector, preparation and submission of the Attestation de détachement of a travailleur roulant ou navigant dans the cadre de l’exécution of a prestation de service par une entreprise de transport;
- Designation as the French-based representative during the secondment period;
- Secretariat for processing Cartes BTP;
- Assistance in the event of verifications and audits by the Labour Inspectorate
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