You have certain obligations as an employer
Are you a foreign company? Whether you work in the construction, transport, trade, events or even wine sectors, you have the same obligations (the construction and road transport sectors have a few additional specificities).
Your first obligation is to make a pre-departure declaration online, giving the necessary information about the worker(s) who will be seconded.
You will also be required to appoint a representative in France. The role of this representative is to keep the compulsory documents in his or her possession, and also to accompany you during an inspection.
What documents should I present during an inspection?
If you are inspected in France, you are obliged to provide your representative with a number of documents without delay, such as:
- The secondment declaration for your seconded employee(s)
- A document certifying that the salary has actually been paid and that the minimum wage has been respected
- A timesheet (showing the start, end and duration of each worker’s daily working hours)
- A copy of the employer’s appointment of its representative
- Form A1 or certificate of social security cover
- The employment contract
If the secondment lasts a month or more, the company must also provide pay slips for each employee, or any other document certifying remuneration, including the following information:
- The minimum wage (including overtime bonuses)
- The period and working hours corresponding to the salary
- holidays and public holidays, and related pay
- The conditions for membership of holiday and bad weather funds, where applicable
- The title of the collective bargaining agreement applicable to the employee.
Risks of penalties
Warning: if you do not comply with French regulations when posting workers to France, you risk heavy fines, which were increased again recently with the introduction of the “Professional Future Law” (September 2018). In this case, the ceiling on fines imposed in the event of failure on the part of the employer has doubled, rising from €2,000 per posted employee to €4,000. In the event of a repeat offence within 2 years, the fine rises from €4,000 to €8,000.
ASD SPW offers you support in posting your workers. We can take care of all the administrative formalities for you, and represent you in legal disputes.
