The rules governing the secondment of employees
Obligations vary from country to country, but the social laws of the country of secondment must be complied with (working hours, minimum wage, etc.), with social security contributions remaining payable in the country of origin.
In France, the SIPSI pre-departure declaration must be completed and a representative appointed to liaise between the authorities and the company, whatever the sector of activity.
In Italy, a prior declaration (Distacco Transnazionale) and the appointment of a local representative must also be completed.
Procedures for posting workers in the construction and public works sector
In France, all employees must obtain a BTP card (French identity card for employees in the building and public works sector) including those seconded by a foreign company. This compulsory professional identification card must be in the employee’s possession and can be checked at any time by the authorities.
Site employees must also be informed of their rights by means of an information document translated into their mother tongue, and the company’s main information must be prominently displayed in the workplace.
Penalties for posting foreign workers
Failure to comply with the obligations relating to the secondment of foreign workers can result in severe penalties.
In France, companies whose employees do not have a BTP card are liable to a fine of €4,000 per employee, rising to €8,000 in the event of a repeat offence. Fines range from €4,000 to €500,000 if workers fail to declare their status, or if the declaration contains errors.
In Italy, failure to declare workers carries a fine of between €150 and €500. In the case of non-representation, a fine of between €2,000 and €6,000 is payable.
ASD Group offers a complete service for managing posted workers in the construction sector. Contact us now to find out more, or order our services directly from our ASD SPW platform!
More information on the posting of employees to France in the construction sector.
More information on the BTP card.
