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.
1. Declaration of posting
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.
2.Appointment of 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.
3. Minimum working/wage conditions
Foreign employer’s posting workers to France shall comply with minimum wage/working conditions laid down by French National Laws.
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