News - France

France - August 2016

New responsibilities for foreign transportation companies in France

On 7 April 2016, executive decree no. 2016-418 to the Macron Act was issued.  It defines the rules for posting road transport employees in France and introduces new responsibilities for foreign transport companies and their representatives in France. It came into force on July 1 2016. 

Who is affected by the changes? 

All foreign transport companies that transport goods within France will be required to issue a certificate of posting to all drivers that are working in France for more than eight days and drivers must carry the paperwork within their vehicles at all times.  There also must be a company representative in France that can be available to answer to the French authorities.  Furthermore foreign drivers cannot earn less than their French employees and all transport companies must respect the minimum wage in France during the operation of work.

What action must be taken?

The certificate must be completed by the foreign transport company and may cover a maximum period of 6 months.

The assigned company representative in France must be able to provide the following information to the French authorities if required:

  • pay slips for the period during which the employee is posted or all equivalent documents proving the remuneration of the employee, and which contain the following mentions:
    • gross hourly wage, including the additional payment for overtime in euros;
    • period and hours of work corresponding to the salary, distinguishing between the hours of work paid with the normal rate and which includes any  additional amount;
    • leave and holidays and remuneration payments;
  • any document certifying the payment of the salary; and
  • the copy of the designation by the company of its representative.
There must be two copies of the certificate of posting and one must be kept in the employee’s vehicle at all times.  If a driver fails to show this certificate, the employer will receive a fine of 675,000 euros.  
 
The employee also must be able to present his employment contract and if he fails to present this document to the French Authorities, the employer will receive a further fine of 340,000 euros.  If a representative of the company is not declared in France, then the punishable fine of 2.000,00 euros per employee (4.000, 00 euros in the event of a repeated infringement during 1 year) will be applied.
 

Further information

For further information please contact Turn on Javascript!">Nicolas Chenevoy on +331 85 08 84 50, Fidere Avocats. 

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