New provisions on the posting of workers to France

New provisions on the posting of workers to France

The Decree no. 2019-555 of June 4, 2019, which introduces new provisions with regard to the posting of workers and the strengthening of the fight against undeclared work, was published on June 5, 2019 in the Official Gazette.

It introduces new measures to comply with the posting obligations, reinforces the sanctions and the applicable inspection procedures.

The Decree no. 2019-555 modifies, in particular, with effect from July 1, 2019:

– the content of the prior declaration of posting;

– the list of documents that the client company must request to the contractor.

It also specifies the fields of competence of the labour inspectorate and the procedures for requesting documents and information.

The decree provides that the appointment of the company’s representative on the national territory, responsible for managing contacts with the inspection authorities, must take place only within the declaration of posting.

In the event of non-compliance found during an inspection, a temporary ban on the provision of services, not exceeding two months, is applied.

The decree of 4 June 2019 establishes the list of employees for whom a declaration of posting is not necessary, in cases of short duration or in case of specific events. It also specifies the activities exempted from the obligation to appoint a company representative on French territory.

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