During his mission in France, the worker keeps the employment contract with his employer in his country of origin. The employer/employee relationship is thus preserved. Nevertheless, you must comply with the requirements of French labor law with regard to the working conditions of employees. You should note: three days, three months: the secondment must always be temporary, and the duration of the operation must be agreed in advance. In addition to this general rule, you must meet certain requirements to be able to disinsert a staff member in France. 2. A company that regularly sends staff to France may ask the French administration to adapt the two mandatory obligations of a prior declaration of dispatch and the letter of a representative (new Article L1263-8 of the French Labour Code). The posting allows the worker to keep the benefit of his country of origin during his assignment in France. However, total protection can only be obtained by discounting insurance for workers working in France.
The maximum duration of the posting and the procedures to be followed vary depending on the country in which your company is established. The law increases the penalties for non-compliance with the rules of decantation. Many situations can lead to a posting and, as an employer, you must comply with the rules of French labour law applicable to the posting of workers. What are the possible scenarios? 2 The representative is a person established in France who works most of the time in the human resources department of a company whose registered office is in France. The representative must be able to communicate with the French administration and provide, on request, documents relating to the mission and the transfer. He or she is appointed for the duration of the secondments. These formalities are often considered difficult for short-term secondments. This is the reason why companies outside France are now exempt from these formalities in two cases (Article L. 1262-2-1 of the Labour Law and Ministerial Decree of 4 June 2019): the French law “for the choice of the professional future” contains certain provisions on postings.1 The new law aims to advance the fight against illegal work and increase penalties for illegal posting in France. Adaptations are allowed for one year, provided that the employer complies with the laws and rules of the collective agreement regarding assignment. The authorisation may be renewed. (An implementing decree determines the nature of the possible adaptations.) This is why the new French provisions aim to simplify these formalities in certain cases of posting to France.
But in return, the law strengthens the penalties in case of non-compliance with the rules of sending. If your company is established in a third country that has signed a bilateral reciprocal social security agreement with France: if the posting exceeds one month, the seconded agents must receive a monthly salary and a pay slip translated into French. As part of European Directive 2018/957 of 28 June 2018, the French legislator has also provided, with the adoption of Law No. 2018-771 of 5 September 2018, for new measures concerning the posting of employees of foreign companies to France. For the Protocol, the concept of posting or posting refers to the situation in which a worker normally working outside France is posted to France for an employer, himself established outside France, to carry out a temporary posting or service (Article L. 1261-3 of the Labour Code). In addition, the labour inspectorate can now suspend the performance of an international service contract if a fine is not paid for non-compliance with posting rules. To this end, the labour inspectorate must order the employer concerned in writing to pay the fine and inform its contractor. . . .