Posting Foreign Workers in France

Posting workers is a process that allows a foreign company to temporarily assign its employees to France to work on a specific project or service. The employer must fulfil various obligations before doing so, including immigration, labour law, and social security requirements.

Any employer established outside France can post employees to France, provided they meet the requirements. The employee’s original employment contract remains in effect, and they remain under the authority of their foreign employer, not the French host company.

In social security law, a posted employee can remain affiliated with their home country’s social security scheme, rather than the country they are working in. This status is temporary, and the duration is determined by European Union (EU) regulations and specific bilateral treaties.

Page Contents

• Overview Of Posting Employees in France
• Employer’s and Business Requirements For Posting Foreign Workers In France
• Working and Salary Conditions in France
• Storing Documentation After the End Posting
• Consequences of Failing to Fulfil French Employee Posting Requirements
• Steps To Posting Employees in France
• Processing Time for Posting Foreign Workers in France
• Extending The Posting Period Of Employees
• How Total Law Can Help
• FAQs

France, like many EU countries, has specific regulations in place to protect the rights and working conditions of posted workers which employers need to comply with if they are posting employees to France from another country.

These responsibilities include:

• Declaring the posting to the French labour inspectorate at least 24 hours before the start of the posting. The declaration must include information about the employer, the employees being posted, and the expected duration of the posting.
• Appointing a representative in France who is authorised to act on behalf of the employer and to provide information to the French labour inspectorate. The representative must be physically present in France and must have a good understanding of French labour law.
• Ensuring that the posted workers are paid at least the minimum wage and are subject to the same working conditions as French workers. This includes regulations regarding working hours, breaks, and paid leave.
• Employers must adhere to any applicable collective agreements relevant to the industry and location in France.
• Providing the posted workers with information about their rights and obligations under French law. This information must be provided in a language that the workers can understand.
• Keeping records of the posted workers’ employment contracts, payslips, and other relevant documentation.

Note that there may be specific obligations that apply to certain industries or sectors. For instance, employers in the construction industry must register their posted workers with the BTP card system.

Employers are responsible for ensuring that both income taxes and social security contributions are correctly deducted and paid in accordance with French laws.

Failure to comply with the obligations for posting foreign workers in France may result in fines and other penalties. Staying informed about any changes in French labour laws is important to maintaining compliance and enabling a successful working relationship between employers and posted workers.

Employers may consider appointing a local representative in France who can liaise with authorities and assist in handling any administrative or legal matters related to the posted workers.

Additionally, providing language assistance and cultural support to posted workers can enhance their experience and contribute to smoother communication within the workplace.

By fulfilling these requirements, employers can facilitate the posting of foreign workers in France while maintaining legal standards and ensuring a positive working experience for their employees.

Posted workers can work up to 48 hours per week, but Sunday work is usually prohibited unless there is an exception. The salary of a posted worker is set by the French Labour Code or the applicable collective bargaining agreement. However, posted workers must always be paid at least the French minimum wage, which is currently €11.52 per hour.

Companies sending employees to France must follow the same labour laws and collective bargaining agreements as French companies in the same sector. This includes working hours, rest periods, public holidays, pay, and overtime.

As an employer, you should carefully review the applicable labour laws and collective bargaining agreements to ensure that you are in compliance. You should also make sure that your posted employees are aware of their rights and obligations.

The French Labour Code requires employers to keep all documentation concerning the posting of workers for a period of two years after the end of the posting.

This documentation must be kept by the employer’s representative in France. The documentation must be available to the French labour authorities upon request and must be translated into French if necessary.

The documents that must be kept include:

• The declaration of posting workers
• Employment contracts of the posted workers
• Timesheets and payslips of the posted workers
• Any other documents related to the posting of the workers

Employers who fail to keep the required documentation may be subject to fines and other penalties.

Ensure that you have a system in place for properly storing and maintaining the documentation related to the posting of workers. This documentation should be kept in a safe and secure place and should be accessible to the employer’s representative in France.

Failure to comply with French employee posting requirements can result in significant penalties, including fines of up to €4,000 per posted worker. Repeat violations within the same year can result in fines of up to €8,000 per worker. The total fine amount is capped at €500,000. Employers may also be fined if they fail to appoint a representative in France.

When subcontractors or employment agencies fail to fulfil their employee posting obligations, the principal company is responsible for the consequences. If the principal company does not ensure that their subcontractors comply with the regulations, they may be subject to administrative fines.

Therefore, it is important for businesses to ensure that they are fully compliant with all French employee posting requirements, including the requirement to submit a prior declaration of posting and to appoint a representative in France.

To ensure that you do not violate any laws, reach out to our attorneys at Total Law. They are experts in French immigration law and will ensure that you are on the right track. Call +44 (0)333 305 9375 to book a consultation.

Below are the step-by-step procedures for businesses looking to post employees in France:

• Identify the type of French visa and work authorisation required for your employees based on their nationality and the nature of their work in France. Common types include short-stay visas (for assignments up to 90 days) and long-stay visas (for assignments exceeding 90 days).
• Gather the required documents
• Notify the relevant French authorities about the posting.
• Complete a prior declaration of posting online using the SIPSI (Système d’Information Préalable au Détachement des Salariés) teleservice at least three days before the start of the service provision in France.
• Submit visa applications and work permit requests to the appropriate French consulate or embassy in the employees’ home country
• Register the employee(s) with the local authorities within three months of their arrival. This includes obtaining a residence permit or other required documents based on the type of visa they hold.
• Ensure proper social security contributions are made for the employees. Determine the applicable social security scheme based on the posting situation (detached worker or local contract).
• Assign a representative in France who can communicate with local authorities on behalf of the company.

The entire process can be challenging and making mistakes will cause a rejection. At Total Law, we will take the stress off you by ensuring that you have all the requirements and complete the application without errors. Call +44 (0)333 305 9375 for immediate assistance.

The processing time for an application to post workers in France is 3 to 5 days. However, it is important to note that this is just an estimate and the actual processing time may vary depending on the complexity of the application and the workload of the French Ministry of Labour.

Once the application has been processed, the employer will receive a confirmation notice via email. This notice must be kept by the employer and presented to the French labour inspectorate upon request.

It is advisable to apply to post workers in France well in advance of the start date of the posting. This will give the French Ministry of Labour enough time to process the application and issue the confirmation notice.

To extend the posting period of an employee, the employer must notify the French Ministry of Labor at least two weeks in advance (if agreed with the employees) or at least one month in advance (if the employer is applying to the French Ministry of Labor for an extension).

The request must include the following information:

• Full name and headquarters address of the employer
• Name of the employee(s) being posted
• Start and end dates of the initial posting period
• Reasons for requesting an extension and proposed extension period

The French Ministry of Labour will grant an extension if there are legitimate grounds for doing so such as:

• Completing a project or task
• Finding a replacement for the posted worker
• Allowing the posted worker to complete their training or education

The French Ministry of Labour will review the request and make a decision. If the request is approved, the employer will receive a confirmation notice.

If an employer does not extend the posting period as required, they may be subject to fines and penalties. The French labour inspectorate may also order the employer to immediately cease posting the employee(s) in France.