Roche & Cie

Posted employees: New obligations for French companies on the horizon

Firms calling on foreign posted workers will have their duty of vigilance strengthened on 1 July.

Companies established in France should ensure, prior to the posting of foreign employees on their behalf, that the contracting parties have carried out the prior posting declaration. In particular, the employer must ask the foreign employer to provide a copy of this document.

From July 1, 2017 onwards, French companies will also have to verify that all direct and indirect subcontractors to whom their foreign contracting party is using, as well as the temporary employment companies involved, have made their prior posting declaration. It will therefore have to obtain a copy of these statements. Failure to comply with this new obligation may be punishable by a fine of up to € 2,000 per employee, up to an overall limit of € 500,000.

The French company which fails to obtain from its foreign contracting party a copy of the prior posting declaration must itself make such a declaration to the labor inspector within 48 hours of the start of the posting.

French companies that did not fulfill this declaration could be fined (up to € 2,000 per seconded employee up to € 500,000). On 1 July, they will also be able to see the suspension, for a maximum of one month, of the provision of services.

Finally, when a foreign employee who is seconded in the framework of a provision of services is the victim of an industrial accident, the French company must report an accident to the labor inspectorate within 2 working days.

That is to say: from 1 January 2018, a foreign employer who posts employees in France will have to pay a contribution of € 40 per seconded employee. A contribution which must be paid by the principal or the contracting authority if they make the declaration of secondment in place of the foreign company.