The obligation to apply for a BTP Card in France is in force since March 22, 2017, following the so-called Macron law no. 2015-990 of 6 August 2015 for growth, activity and equal economic opportunities: this applies also to posted workers to France, when carrying out activities covered by the obligation on a building or public works site.
Employers whose employees perform, manage or organise, even on an occasional, secondary or ancillary basis, construction or public works on a building or public works site have to apply for the BTP Card for employees involved in these services.
What is the BTP Card
The BTP (Bâtiment et Travaux Publics) card is a professional identification card issued by CIBTP France (formerly the Union des Caisses de France CIBTP) for workers in the construction or public works sector. The identification card contains the worker’s main personal data and a photo ID.
In case of inspection, the worker must show this document to the labour authorities when requested, in order to prevent irregular work and unfair competition.
Who must apply for the BTP Card
The BTP card is compulsory for all employees, subject to the exemptions below, who carry out , manage or organise one or more of the activities listed in Article R. 8291-1 of the French labour code. These activities take place on construction sites or public works sites, and are:
- excavation;
- earthworks;
- drainage;
- construction;
- installation and dismantling of prefabricated elements, interior or exterior fittings or equipment;
- restoration or renovation;
- demolition or transformation;
- stripping-out works (curage), maintenance or upkeep of structures;
- refurbishment or repair; and
- painting and cleaning related to such works and all directly related operations.
The obligation applies not only to companies established in France. In fact, also foreign companies established abroad that post their workers to France, are subject to this requirement. Similarly, temporary workers are also subject to this provision.
Exemptions from the BTP Card
However, there are some exemptions to the BTP Card. Some specific categories of workers are in fact exempted, such as:
- Workers who do not directly participate in the work:
- Workers who do not physically go to the site (e.g. managers, heads of support services such as payroll management).
- Employees who are not involved in conducting physical operations or directly supervising worksites.
- Trainees (bearing in mind that the tutor must be able to present documentation proving trainee status). This exemption does not extend to apprentices who carry out activities covered by the obligation.
- Workers who carry out a cleaning activity if this takes place after the delivery date of a worksite (construction of a work or other, such as an interior fitting out or renovation site, etc.).
- Architects, building surveyors, surveyors, health and safety coordinators, drivers and delivery men, experts and appraisers, including when working on a construction or public works site.
- – Employees directly employed by a private individual. This exemption does not apply to employees of companies carrying out construction work at a private individual’s property.Â
How to get the BTP Card and its validity
The posting employer who is sending one or more workers for construction and building works must apply for a BTP Card after having sent the SIPSI posting notification, unless the worker already holds a valid BTP Card for posted workers.
In any case, where a new BTP Card is required, it must be requested before the start of the posting.Â
The procedure is entirely electronic and takes place on the official BTP Card portal operated by CIBTP France. Basically, the application process takes place in a few simple steps:
- After creating an account for your company, you can import the posting declaration and the relevant employees’ data from SIPSI;
- You can do that after the previous submission of the preliminary posting declaration on the French SIPSI portal;
- You will then need to upload a photo ID of the employee involved and confirm the request by paying the service charge;
- A BTP Card will be issued for each worker for whom it is requested. Once payment has been received, a provisional certificate is available to give to the worker pending receipt of the card.Â
The BTP Card issued to posted workers is valid for five years. However, it is active only during posting periods in France and is deactivated between postings. Accordingly, the employer must ensure that the posting information linked to the card is kept up to date.Â
Penalties for non-compliance
In the event of non-compliance with the obligation to declare an employee for the issuance of a BTP card, the employer can be sanctioned with an administrative fine.
The maximum amount of the fine is €4,000 per employee and €8,000 per employee in the event that the offence occurs again within two years from the date of notification of the first fine.
However, the total amount of the fine may not exceed €500,000 per company.