As of June 5, 2019, France has published a new decree modifying regulations on the posting of workers in the French Republic. The decree clarifies the 'Macron law' (ed. Loi Macron), which has been in effect for almost 3 years, thereby tightening penalties including for illegal work.
The modified regulations enter into force gradually the day after the French authorities announce the new decree, i.e. on June 6, 2019, and will be implemented successively in various areas until July 1, 2019.
The most important changes are:
- submission by the foreign employer of data on the hourly wage rate (instead of the gross monthly salary),
- indication of the principal's data (including the principal's VAT number),
- in case of violation of posting/illegal work regulations, the opportunity to explain only up to 3 days after receiving the summons! Failure to clarify or failure to provide adequate explanations will result in the application of at least one month's suspension of the ability to provide services.
- Require due diligence by the contractor in verifying the contractor. After the amendment, the contractor will provide an acknowledgment of receipt of the document from the SIPSI system and a statement of honor confirming that the contractor has paid, if any, the amounts due under penalties that may be imposed for violations of the posting regulations.
- normalized access to the employer's representative during the service in France,
- waiving the obligation to file a declaration of delegation, establishing a proxy for a wider group of delegated employees such as artists, athletes, academics or interns, among others.
- Thecurrent requirement to immediately switch documents to inspection services with small concessions.
As for further details of the amendment, we cordially invite you to contact us by phone or e-mail to discuss the current formalities of posting workers in France.
Impolu team
