Posting workers to France

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.

For an overview of European legislation on posting, take a look at our guide on EU Posted Workers Directives.

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. The representative 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 may work a maximum of 48 hours per week. However, working on Sundays is generally prohibited unless an express exemption applies. The remuneration of a worker posted to France is governed by the French Labour Code and the applicable collective agreements. In any event, workers must receive at least the SMIC, the French statutory minimum hourly wage, or the applicable collective agreement minimum if higher.

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.

Other 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 for each posted worker. The application is sent electronically and the document is then issued by the Union des Caisses de France CIBTP; it remains valid for 5 years.

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.

In the event of a repeat infringement within two years from the date of notification of the first fine, the maximum amount increases to €8,000 per posted worker.

The maximum amount of the fine imposed (per number of employees concerned) is set at € 500,000.

Failure to appoint the required representative in France constitutes a separate infringement subject to the same administrative penalty framework.

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.