BLOG

The secondment of foreign workers is when an employer send his worker (s) to another EU Member State to work on a temporary basis.

According to the European provisions, the worker moving to the European Union is subject to a single social security legislation, and in general to that in the State where the mission will be carried out.

A posted worker is a worker sent by his / her employer to another EU Member State to work there temporarily. Posting of workers to Spain meets strict rules.

A company non-established in France that sends employees to the territory in order to perform a practical service a secondment of employee.

It should be noted that the posting of workers is highly regulated today, and therefore very controlled.

Many companies in the construction sector need to send their employees to work abroad for a fixed period of time, and therefore need to post their workers. This practice is regulated by strict rules.

A new law was passed on September 5, 2018 including a section on the posting of employees and illegal work in France. This law eases the obligations of employers but strengthens the sanctions against posting fraud.

French law requires foreign companies posting one or more employee (s) in France to appoint a French legal representative. (Article L1262-2-1 of the Labor Code).

The Identification Card for Construction Workers (or BTP Card) is one of the main obligations of workers in the construction sector in France since March 22th, 2017.

Do you work in the building, construction, real estate, commercial or other sectors and post workers in France?

Many obligations are incumbent on you and controls are more and more common for employers posting employees in France.

Firstly, you will have to pay a preliminary declaration of secondment, by informing the conditions of the detachment of your employee (company of reception, remuneration and conditions of work), as well as his information of identity (name, first name , etc.).

Indeed, acceptation terms of ID photos are moreover complex. But it’s not a problem anymore for your BTP Card !

A smartphone application has been created to help you to realize a photo that will very probably be accepted by civil services.