You are required to appoint a representative for every posting of worker. They will be in charge of your exchanges with the French inspection services: work inspection, police and law enforcement services, tax and customs inspectors (article L1262-2-1 of the Labour Code). During the entire posting period, the representative will keep your documents (SIPSI declarations, A1 forms, etc…) in order to immediately present them to the authorities.
For example, in the event of a roadside check, a driver will rely on his company’s representative to present all the required documents to the inspectors. Failing to present these documents may lead to the immobilisation of the vehicule and a fine ranging from €3,000 to €500,000.
ASD SPW proposes this representation service and enables you to keep all the documents necessary to the posting on its online platform. Furthermore, our services provide vlient support in 11 languages: English, Portuguese, German, Romanian, Czech, Arabic, Spanish, Italian, Bulgarian, Polish and French.
ASD SPW (So Posting Worker) is there to remind you of all the specific features regarding your posting of workers in France. In effect, employers posting workers in France must fill in a pre-posting declaration (SIPSI declaration) and appoint a legal representative who will be the link between your employees and the French authorities. Moreover, in the construction and public works sector, your employees must possess a BTP card.
As an employer established in a foreign country, you must transfer a SIPSI declaration to the Dreets of the place where you will provide the service
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The BTP card is a personal ID document enabling the French authorities to reduce fraud and fight against illegal work.
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These documents inform your posted workers of their working conditions in France.
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No, SIPSI does not allow you to complete this formality because it is not necessary to make a declaration to the French Labor Inspectorate to post posted staff outside of France. On the other hand, we advise you to obtain information concerning the required procedures applicable in the host country, on the one hand (contact the competent authorities) and, on the other hand, from your Social Security agency for maintaining his affiliation with French Social Security (http://www.cleiss.fr/reglements/a1.html).
A frontier worker must not under any circumstance be confused with a posted worker. This means that the frontier worker is subject to the labor law set by the country in which the employment contract is performed. To be eligible for frontier worker status, the legal residence of the worker must, in principle, be located in a frontier zone, generally located less than 30 kilometers from the border.
Yes, absolutely.
If the posting takes place in connection with an operation for your own account, you should not leave the section empty, but complete it with your own details.
Yes. In case of a modification, we bill €12 per declaration. These costs are not included in the total amount of your initial order.
On the declaration, you need to check the “private individual” box.
No, in France, the posting declaration sent to the Labor Inspectorate only concerns salaried employees.
Sending a posting declaration or certificate via SIPSI is mandatory, whatever the sector, the nature or the duration of the posting. The SIPSI service has been the only means for sending the posting declaration or certificate since October 1, 2016 (January 1, 2017 for the transport sector). Declarations sent via email, mail or fax are not acceptable. The absence of a posting declaration makes you liable for high fines and exposes you to the risk of seeing your service suspended in case of control.
In order to take account of the specific features inherent in posting for road transport services, specific rules have been put in place since the
Since 2 February 2022, the new regulations on the posting of lorry drivers have been in force, as indicated when they were published in the
The United Kingdom’s exit from the EU, or “Brexit”, has been effective since 1 January 2021. The “transitional period” provided for in the Agreement on
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