Important specifications regarding the workers seconded to France
The French government published a decree entered into force on April 1st, 2015 and that defines in greater details LAW n° 2014-790 of July 10, 2014 to combat unfair competition.
The 2015-364 decree of March 20, 2015 strengthens the control of secondments for transnational posted workers (including intra-company mobility).
I. A new obligation falls to the service provider/home companies: to have a representative in France, to liaise with the control officers competent with regards to illegal work.
This representative on the French territory carries out, on behalf of the employer, the obligations that are incumbent upon him, by virtue of article R1263-of Labor law code ( mainly to be able to present the documents proving that all the regulations are respected – the list of requirements being extended by the 2015-361 decree).
Must be provided in French (a translation is accepted) the contact details of the representative and his acceptance of this role.
Besides, the posted worker declaration from the service provider must be more detailed and then send to the labor inspector, where the service is carried out – by registered letter with acknowledgment of reception or by email.
II.The obligations falling to the French company recipient are clarified :
- To obtain (and not only require) before the beginning of each secondment, a copy of the posted worker declaration sent to the labor authorities + a copy of the document designating the representative of the service provider company on the French territory.
- Join to the staff register (registre unique du personnel)a copy of the posted worker declarations + a copy of the resident permit cards for the non-EU posted employees.
If the companies (service provider or recipient of the service) don’t comply with one of the above obligations, French labor authorities can decide on an administrative fine of up to €2,000 per seconded worker, and beneath the ceiling of €10,000.
