Posting of workers in France

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.