The posting of workers within Europe: how to comply with the French national regulation.
Foreign employers who post personnel to France have to comply with the mandatory provisions lay down by the French Labor Code e.g. “Loi n° 2014-790 du 10 juillet 2014 visant à lutter contre la concurrence sociale déloyale”, “Décret n°2015-364 du 30 mars 2015 relatif à la lutte contre les fraudes et au détachement de travailleurs et à la lutte contre le travail illégal” e “Loi n° 2015-990 Loi Macron”. Aiming at enforcing the European Directives 96/71/CE and 2014/64/EU, the above mentioned laws put into force several mandatory commitments for the foreign employers posting workers to France to be fulfilled in order to:
- Avoid social dumpling; and
- Guarantee each seconded workers minimum working and wage conditions.
Among the minimum working and wage conditions to be entitled to each seconded worker posted to France are the following:
- Minimum rates of pay;
- Maximum work periods and minimum rest periods;
- Minimum paid annual leave;
- Health, safety and hygiene at work; and
- Equal treatment between men and women.
The following paragraphs will provide you with a general overview of the mandatory commitments entitled to the foreign employer posting personnel to France.
- Mandatory provisions laid down in the French Labor Code
Pursuant to the French Labor Code employers who post personnel to France have to meet the following obligations:
- File a posting declaration with the Local Labor Authorities (DIRECCTE);
- Appoint his/her representative in France; and
- Adjust the seconded worker salary to the SMIC and to the minimum wage foreseen by the collective bargaining applicable.
1.1 The Posting Declaration
Pursuant to article L. 1262-2-1 of the French Labor Law Code employers who post personnel to France must, prior to such posting, file a declaration with the labor law inspection administration (DIRECCTE) which has jurisdiction over the place where the services will be carried out by the seconded worker/s. The new form, that as of 01/10/2016 has to be completed via internet using the SIPSI online service, institutes new information requirements for the foreign employer to be fulfilled such as the listing of the representative in France, the name of the collection agency for social security contribution, the nature of the services performed, and also the cost of travel, meals etc.
The list above presents a general overview of the nature of the information to be collected:
- The date on which the provision of the services will begin and the contemplated date on which such provision of services will end,
- The nature of the services carried-out,
- The social security coverage,
- Each of the seconded workers,
- The hours of the beginning and end of work, as well as the duration of work time; and
- The modalities pursuant which the employer takes in charge travel, meal and accommodation costs.
1.2 The foreign employer’s representative in France
Additionally, according to the new French rules, whether a foreign employer established out France temporally posts workers on the French territory, a further mandatory commitment must be fulfilled. As a matter of fact a representative of the foreign employer on the French territory must be appointed.
The representative will be responsible for ensuring the contact between the employer and the competent authorities for the period of the posting.
Furthermore the representative will be in charge to store a wide range of documents ascertain the seconded worker situation.
1.3 Minimum wage rate requirements
Finally the salary of the seconded worker must comply with the applicable minimum remuneration as set forth by the French law.
- Our services in the framework of the posting of workers to France
The Arletti&partners’ Team provides new services aimed at supporting foreign employers established outside France. Our purpose consists on guiding foreign employers through the French bureaucracy in order to comply with the mandatory provisions set by the National Labor Code speeding up the complex procedures to be undertaken.
Our Team will support you through a wide range of services such as:
- The filling in of the posting of worker declaration;
- The appointment of the representative of the foreign employer ; and
- The alignment of the seconded worker monthly salary to the minimum wage requirements for the whole posting period.
 SMIC stands for Salaire Minimum Interprofessionnel de Croissance- Guaranteed national minimum wage.