A company based in an European Union Member State that intends to post its employees to France to provide a temporary service has to comply with several requirements and provisions. The Directives 96/71/EC, 2014/67/EU and 2018/957/EU set out the guidelines in this regard. A&P experts are at your disposal to support your company and your employees in the management of your posting fulfilments to France. Below, we provide a summary of the obligations provided by French and European Law on transnational posting to France.
Preliminary obligations for posting workers to France
The company that sends its employees to French territory must send a preliminary declaration of posting to the labour inspectorate, electronically, via the SIPSI service, before the service provision begins. Every employee needs to be notified before entering France. Exceptions include artists, apprentices in international mobility, athletes, official delegates, and people joining conferences or workshops.
The declaration must include data concerning the start and the end date of the posting, both the posting and the host company, the number of posted workers, the address of the workplace, the type of activity that will take place in France, the name of a representative, etc. A preliminary declaration of posting can be amended at latest 3 days after the modification takes place.
As a result of the Decree of March 17, 2023, the SIPSI platform has now a simplified procedure, with changes in the compulsory compilation items.
In fact, it is also compulsory to appoint a representative on French territory. S/he will be responsible for liaising between the posting company and the labour inspectorate’s control officers (DIRECCTE). Whoever can act as contact person in France, including the very posted worker or the French client.
The immigration aspect is quite straightforward to manage in France. In fact, even a third-country national may be posted to France. S/he must hold a valid residency or work permit in a European Union Member State, in a European Economic Area State or in the Swiss Confederation. S/he also has to be regularly employed by a company based in one of the above-mentioned states. A&P consultants will be glad to support you providing the most accurate information related to your specific case.
Working and salary conditions in France
A company sending its employees to France is subject to the legal and contractual provisions applicable to employees of companies in the same sector established in France. These provisions regard working time, compensatory rest, public holidays, working hours and night work, remuneration (including overtime bonuses), etc.
In general, a worker can provide services for at least 48 hours per week. However, working on Sundays in usually forbidden, except where expressly derogated. Moreover, the French Labour Code or the applicable collective bargaining contracts set the salary of a worker posted to France. In any case, in France there is the SMIC, that is the French legal minimum hourly wage, below which any employee cannot be paid. It often changes due to financial variables and it is currently set at 11.52€/h following the new revaluation of the SMIC from May 1st, 2023.
Mandatory storage of documents regarding the posting to France
After the end of the posting, it is necessary to keep all the documentation concerning the assignment for a fixed period of not less than two years. The representative on French territory must properly store and keep available to foreign labour authorities the documents at his address. In case of control, the authorities can ask for a translation into French of the said documents.
Further fulfilments – the BTP card for posting workers to France
A&P experts can support you in verifying further obligations for the company and its workers. Specifically, based on the type of activity the posted worker will be carrying out, these obligations may be crucial. This is the case with the BTP card. The foreign company must apply for it when posted employees carry out one or more activities listed in the art. R8291-1 regarding the construction or public works sectors.
The posting company needs to apply for the BTP card after having sent the prior declaration on Sipsi and before the working activities begin. The application is sent electronically and the document is then issued by the Union des Caisses de France CIBTP; it remains valid for the whole duration of the secondment for which it is requested.
Social security in France
Pursuant to Regulation 883/2004, the posting company must apply to the competent social institution for the issue of a A1 Certificate for posted workers. A&P will be glad to support you in the application request for the A1 certificate ex Art.12 or the multistate A1 Certificate ex Art.13.
Penalties in case of non-fulfilment of French obligations when posting employees
Failure to send the prior declaration of posting is punishable, in line with Article L. 1264-3 of the French Labour Code, by a fine of up to €4,000 per posted worker.
If the violation is repeated within the same year, the fine may be increased to €8,000.
The maximum amount of the fine imposed (per number of employees concerned) is set at € 500,000. The same fines apply cumulatively in the event of failure to appoint a representative.
In the event of failure with the obligations by one of the direct or indirect subcontractors or the employment agency, the principal is punishable by an administrative fine if he has not checked beforehand that his subcontractors have actually complied with the obligations.