What is the “Avenir professionnel” law?
The “Avenir Professionnel” law is a French law that was enacted on 5 September 2018. Its main aim is to reform vocational training, apprenticeships and unemployment insurance. This law aims to improve the employability of workers, facilitate access to training throughout working life, and simplify the training and apprenticeship system.
Changes to secondment under the French law “Avenir professionnel” (Professional Future Act)
The maximum for administrative fines imposed on employers has doubled, from €2,000 to €4,000 per seconded employee in the event of non-compliance, and from €4,000 to €8,000 in the event of a repeat offence within 2 years.
A duty of vigilance on the part of the principal regarding the payment of fines by the employer seconding employees, requiring the principal to check, when the contract is concluded, that the employer has paid the fines.
In the event of non-payment of an administrative fine for non-compliance with the rules on secondment, the company seconding employees may be prohibited by the DIRECCTE (Direction Départementale du Travail, de l’Emploi et de la Formation Professionnelle – Departmental Directorate of Labour, Employment and Vocational Training) from providing the service. Failure to comply with this prohibition decision will result in a further fine of up to €10,000 per seconded employee concerned.
In the case of recurrent secondment, the authorities may adjust some of the obligations imposed on a company for the secondment of its employees.
Systematisation of “blacklisting” in certain cases of illegal employment: Known as “Name & Shame”, this principle of publishing a blacklist of companies convicted of illegal employment will become compulsory for any company guilty of an offence of illegal employment committed in an organised gang in respect of minors subject to compulsory education or any person known to be in a state of dependence or vulnerability.
If you have any questions about your rights and sanctions, please contact us.
Find out about all the obligations relating to the secondment of employees in France.
