With the implementation of the Law n° 2018-771 of the 5th September 2018, the question of the posting of workers by the employer’s own behalf – pour le propre compte de l’employeur- has been settled. This case is now exempted from the obligations indicated in points I° and II° of Article 1262-2-1, Code du Travail. It will no longer be necessary to submit a declaration of posting or to appoint a domiciled contact person for postings to France that will not involve provision of services, such as participation to fairs as visitors or exhibitors. The exemption does not apply to postings to France performed by temporary work agencies.

All the remaining obligations pursuant Article L1262-4 of the Code du Travail (alignment to minimum working and wage conditions, security measures, etc) remain unaffected.  

Sanctions:
           Article 95 of the Law n° 2018-771 of the 5th September 2018, doubles the maximum applicable amount for administrative penalties described in Article 1264-3, which includes the failure to submit the declaration of posting and to appoint a domiciled contact person in France. The maximum amount for this kind of infringement will increase from €2000 to €4000 per posted worker.

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