Changes to the laws governing posted workers in France

A new law passed in September 2018 made some significant changes to the laws governing the registration and reporting of the international posting of workers in France.

Limited relaxation of mandatory registration

Currently in France it is mandatory to register the employees for posted work in France by using the SISPI for all activities (https://www.sipsi.travail.gouv.fr), even if the posting lasts only a few days.

The new legislation will allow short-period postings and postings of workers for some specific activities without registration on the SIPSI. These specific activities and the applicable time limit for short period postings will be defined in due course by decree. Until the decree is passed all postings to France must still be reported on SIPSI.

Limited exemptions from appointing a French representative

The decree will also exempt the companies working in these sectors to appoint an employer representative in France. Under the laws regulating postings of workers to France the representative’s role is to deliver the following mandatory documentation to the French Labor Inspectorate:

• a copy of the employment contract,
• a proof of payment of the salary in compliance with applicable minimum wage legislation,
• a time sheet indicating the daily working hours (in order to check the compliance with working time legislation),
• a proof of a medical examination in the sending state,
• a document certifying the global sales / turnover of the company in the sending state,
• a copy of the employer representative’s appointment in France.

In principle, those documents must be translated into French. However, the decree will also determine some exemptions or adaptations depending on the type of activity and the posted work duration.

Repeal of administration fee

The EURO 40 contribution that was due for the use of the SISPI service for each posted worker is repealed.

Penalties for non-compliance and policing obligations on users of services of posted workers

The amounts of the fines that must be paid in case of failure to comply with these French legal provisions have been increased up to EURO 4000 per offence and Euro 8000 in case of repeat offence within two years (increased from one year).

From now on, those concluding a contract with a foreign service provider posting employees in France must ensure that the latter has paid all its fines to the administration.

Lastly, the law provides that in the six next months, the government is allowed to take an executive order to transpose the UE Directive 2018/957.

References

Primary legislation: The law n°2018-771 of 5 September 2018

Previous articles which may be of interest

France making headway in the implementation of the Posted Workers Directive (September 2015) https://www.celiaalliance.com/france-making-headway-in-the-implementation-of-the-posted-workers-directive.html

New Responsibilities for foreign transportation companies in France (August 2016) https://www.celiaalliance.com/changes-foreign-transport-workers-france.html

Further information (if needed)

For further information please contact Nicolas Chenevoy on +331 85 08 84 50, Fidere Avocats.