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Do you have any questions about ASD SPW and Posting of workers in France?
Save time – the answer to your question can certainly be found in our Frequently Asked Questions
Save time – the answer to your question can certainly be found in our Frequently Asked Questions
The production order for requested cards is not given until effective receipt of payment (immediately in case of payment by bank card or after the processing period in case of payment by transfer). They are then sent to the company by mail. Receipt time is 7-10 business days.<br><br> A provisional certificate is available for immediate download for delivery to the employees.
Employees occupying positions that do not involve any mission on a job site or a work site listed in article R.8291-1 of the French Labor Code. This is the case for senior executives, executives carrying out a team management mission not intervening at a job site or responsible for support services (payroll management, risk management, computer maintenance, prevention and security, purchasing and procurement service, stock manager, etc.).
The BTP cards must be returned to the following address to be destroyed: UCF CIBPT – BTP Card Department – TSA 31655 – 75901 Paris Cedex 15
To simplify procedures, from 1 April 2024, employees working for an employer based abroad and carrying out construction or public works work in France will be required to hold a BTP card valid for five years (in accordance with Article R. 8292-3 of the French Labour Code). The period of validity and expiry date will be indicated on each BTP card.
As soon as payment is confirmed, a provisional identification certificate is provided to the company for each BTP Card requested. This certificate must be downloaded and sent as soon as possible to the employees concerned. The provisional identification certificate allows the employees to provide proof of their status pending receipt of their BTP Card. Scanning the QR Code present on the document makes it possible to check the validity of the BTP Card to which the certificate corresponds.
The photo must be:
in downloadable digital format. Only JPEG file format is acceptable (.jpg extension)
Dimensions: 135 x 175 pixels minimum.
In vertical format, it must comply with the standard for ID photos, namely a ratio of 1.3. This means that the height of the image must be equal to 1.3 times its width.
The size of the file must be between 72 Kb and 643 Kb.
The BTP Card includes the following information:
the surname, first names and sex of the employee,
the photo of the employee (printed in grayscale),
the corporate name or the name of the employer,
the SIREN number,
the company logo, if it so wishes (printed in grayscale),
a card number and its date of issue,
the contact information for the UCF CIBTP (on the back).
A QR Code* which allows verification of the validity of the card using a mobile application.
__________ * The QR Code is a two-dimensional bar code that makes it possible to store digital data (text, web site addresses, etc.). It can be scanned using a mobile phone equipped with a camera and the appropriate scanner.
The employees concerned by the BTP Card are those who “execute, direct or organize, even on an occasional basis, construction work or public works”.
In practice, the BTP Card is mandatory for employees who, on a professional basis, perform work included on the list mentioned in article R.8291-1 of the Labor Code: “excavation works, earthworks, sanitation, construction, assembly and disassembly of prefabricated parts, interior or exterior fixtures and fittings, restoration or renovation works, demolition or conversion, dredging, maintenance or servicing of works, refurbishment or repair, as well as the painting and cleaning involved with these works and all directly-linked ancillary operations”.
A Labor Inspector requests the document from the employer or from the legal representative in France. It depends on the activity carried out in connection with the posting.
If the obligations are not fulfilled, a maximum fine of €4,000, per employee, may be applied (€8,000 in case of repeat offense within 2 years), limited to €500,000, as well as suspension of the provision of service.
In case of control by the French Labor Inspectorate, the following documents, translated into French, may be requested from the employer:
document attesting to the regularity of the employer’s social situation;
work permit of employees who are non-EU nationals, if the employer is established outside the EU;
employment contract;
pay slips of each posted employee or any equivalent document (for a posting longer than one month); time sheet for each day worked;
copy of the representative designation in France;
any document attesting to the law applicable to the contract binding the employer and the client;
the documents attesting to the number of contracts performed and the sales recorded by the employer;
when the posting lasts less than 1 month, any document providing proof of compliance with the minimum remuneration.
These documents must be kept at the worksite of the posted employee or in a location accessible to the representative designated by the employer.
Yes. In the event of an inspection, we charge €143.00 per hour commenced (based on a minimum of 2 hours, i.e. €286.00). These fees are not included in the total amount of your initial order. There may be a supplement for the translations done +50 euros in costs.
No, in France, the posting declaration sent to the Labor Inspectorate only concerns salaried workers, there is no obligation to designate a posting representative in France.
Every road carrier must provide a SIPSI declaration, it is compulsory for the posting of workers in France.
In this case, the employer must complete a separate SIPSI declaration for each client. It is not possible to declare several clients in the same declaration.
If your employees must work at several different project sites but the client remains the same, simply add the addresses of the project site.
When a posting order is placed, an end date must be indicated. This date therefore indicates the end of the posting, but in case of extension, it is necessary to proceed with a new order or to renew this mission if it concerns the same employees.
For the construction and public works, industry and tertiary sectors:
The foreseeable duration of the posting must not exceed 24 months. Beyond this duration, a special agreement is necessary.
For the transport sector:
The foreseeable duration of the posting must not exceed 6 months. In case of a longer duration, the mission must be renewed in your customer account.
The client or contracting party must verify, prior to the start of the posting, that the service provider with which it has contracted directly and that is posting workers in France has indeed fulfilled its preliminary posting obligations: transmission to the French Labor Inspectorate of a posting declaration and designation of a representative in France.
An employer must comply with one of the four cases for resorting to the foreign posting system:
The performance of a service contract;
Intra-enterprise or intra-group mobility (not-for-profit loan of transnational labor);
The performance of a staffing agreement between a foreign temporary placement agency (TPA) and a user company in France;
Since September 7, 2018, the effective date of Law No. 2018-771 of September 5, 2018 for the freedom to choose one’s professional future, the posting of employees for the employer’s own account is now dispensed from the declaration requirements.
The following documents must be kept at the posted worker’s worksite or in a location accessible to the representative designated by the employer:
SIPSI declaration
Copy of the designation of the representative in France
Work permit for non-EU nationals, if the employer is established outside the EU
Employment contract
Pay slips of each posted employee or any equivalent document
Time sheet for each day worked
Social Security enrollment form for the employee posted in France
Medical certificate from the country of origin
A representative, in connection with a posting in France, is an individual or legal entity who coordinates the information with all of the official authorities (Labor Inspectorate, police officers, the gendarmerie, taxes, customs or the Social Security agencies) during the entire posting period and particularly during regular controls by the authorities.<br><br> The representative must also keep the documents associated with the posting in France and make them available to the authorities at the time of a labor inspection.
The designation of a representative is a mandatory document for postings that attests to a legal representative present on French soil for the entire duration of the posting.<br> This representative liaises between the foreign company and the French authorities (Labor Inspectorate, national gendarmerie and police, but also the tax and customs service), during the posting period and particularly at the time of regular controls by the authorities. <br><br> NB: Failure to designate a representative is punishable by a fine of €4,000 per posted employee and of €8,000 in case of repeat offense.
When a foreign company posts one or more employee(s) in France, this company is obligated to designate a French representative in France. This representative is responsible for liaising between the company and the French authorities such as the Labor Inspectorate, the police departments and the national gendarmerie, as well as the tax and customs service for the entire duration of the posting period, and particularly during controls.
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.
The certificate is a round sticker that corresponds to a class of vehicle defined according to its emissions of atmospheric pollutants.
This air quality certificate makes it possible to distinguish between vehicles on the basis of their environmental impact, so that traffic restrictions can be imposed.
To obtain a Crit’Air sticker for a vehicle, it must first be assigned to one of the vehicle categories in force in France. Vehicles are divided into three groups: L, M and N. All vehicle types are detailed in decree no. 2016-697 of 27 May 2016, Highway Code – Article R311-1.
You will need to provide a copy of the lorry registration document and a delivery address so that the Crit’AIR sticker can be sent directly to the company.
The penalties and their amounts are set out in articles R318-2 and R411-19-1 of the Highway Code. Either a 3rd class fine for light vehicles (€68 single fine) or a 4th class fine for heavy goods vehicles (€135 single fine).
No, that is not necessary, however the employee is advised to have a currently valid ID card.
No. You are only obligated to translate the documents into French if this is requested by the French Labor Inspectorate.
If the SIPSI has already been prepared: yes, you will need to pay a supplement of €12 per declaration.<br><br> If the SIPSI has not been prepared: no, there is no supplement to pay.
To finalize your order, we offer different means of payment suited to your preferences:
310 rue du Vallon
06560 Valbonne – France
+33 (0)4 92 38 08 05
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