DELEGATION OF EMPLOYEES TO THE CZECH REPUBLIC - Vysílání zaměstnanců
TRANSPORT
1. BASIC INFORMATION on the posting of drivers to France:
Basic information about Loi Macron in France
It is worth knowing that this law has been in force since 1 July 2016. According to its regulation, it is necessary to have a representative in France, who is fluent in French and also permanently resides on the territory of the previously mentioned country. Besides, the law also regulates the minimum wage provision, which means that an employee residing in this western country must be provided with a rate corresponding to French standards. To make this easier to understand, let us use a brief example.
A person earning about 18 PLN per hour in Poland goes on a business trip to France. When he crosses the border he is legally subject to the French wage standards. In other words instead of 18 PLN he will receive 10 EUR per hour until he stays in France.
Advantages and disadvantages of Loi Macron
There is no denying that the implementation of Loi Macron brings with it certain costs for businesses. However, does it only have negative consequences?
Not exactly. First of all, using the services of a representative will make it easier to settle all the formalities in France. Permanent residency and fluency in the language will allow, for example, easy and efficient recovery of VAT from abroad or debt recovery in France.
In addition, in the event of any problems, such as fines, missing documents and many other random situations, the representative will be able to provide assistance so that the company avoids financial penalties. For example, there may sometimes be a situation where a vehicle is stopped by the police because of ambiguities in the forms. The representative will be able to quickly contact the services and explain the situation, thus reducing the potential downtime of loads.
A clear answer to the question of whether the Loi Macron law has positive or negative consequences for business owners is virtually impossible. It all depends on how you look at it. On the one hand, the costs incurred increase because you have to use representatives in France. On the other hand, in the case of any ambiguity in the documents, the representative can help the company to avoid draconian penalties.
Hourly wage rates applicable to road transport workers effective from 01.01.2021. Basic hourly rate in Euro: (updated: April 2021, change for 150M category; September 2021, change for 118M-138M category). Click on the link below to check the current minimum wage rates in France.
2 Your responsibilities regarding the posting of drivers to France:
Documents prior to the driver's departure to France and legal representation:
- printed notification from the SIPSI portal,
- copies of the employee's salary contract or addenda,
- Form A1.
A specific list of documents complying with the Loi Macron under French law, which must be drawn up in French and state the amounts in euros (cf. Article R. 1263-1 of the French Labour Code), namely:
- a document stating the correctness of the employer's social security position = document A1.
- work permits for workers from third countries,
- a document certifying the medical examination carried out in the country of origin, equivalent to that provided for in France for employers established in one of the countries of the EU, the EEA and the Swiss Confederation,
- a pay slip for each posted worker, or any other equivalent document (if the period of posting is one month or more), or any other document providing evidence of compliance with minimum wage provisions,
- in the case of the provision of workers posted between companies, two documents must be present in the car: an addendum to the worker's contract and a copy of the contract relating to the provision of the worker in question. This is regulated by the French Labour Code. There are also strict conditions as to what should be in the above documents delegated to France. The annex should describe the job position, the duties of the employee, as well as the hours and place of work. The contract between the companies, in turn, must specify the period of secondment, as well as provide information on the qualifications, identity, remuneration and contributions of the employees.
If a representative of transport companies in France is unable to produce these documents, the company faces fines and even imprisonment, as this will be considered, among other things, as obstruction of the labour inspector.
- Copy of the document appointing the Representative in France,
- Copy of the certificate of secondment,
- Monthly payroll for each employee,
- Proof of payment of the minimum wage to the posted worker.
- No representative and no documents:
- The fine imposed may not exceed EUR 4 000 per posted worker and EUR 8 000 in the event of a repeat offence within two years of notification of the first fine. There is therefore a risk that the penalties imposed will be cumulative. The maximum total amount of the fine may not exceed €500,000.
- Lack of the required SIPSI certificate in the truck: 750€
- Incorrectly completed certificate: 135€
Important - when checking the documents, the most common penalty is exceeding the permitted number of cabotage operations, and here the fine is from €2250.
Fines can only be challenged before an administrative court. However, the statute of limitations for administrative proceedings concerning a fine imposed shall be two years, calculated from the date on which the infringement was committed.
CONSTRUCTION
WELDING
THE TRADE FAIR INDUSTRY
OTHER
1. BASIC INFORMATION on the posting of welders, fitters, quality controllers and others to France:
Implementation of Directive 2018/957 amending Directive 96/71/EU concerning the posting of workers in the framework of the provision of services. The amended Directive has been transposed into French legislation and applies from 30 July 2020. The so-called Loi Macron ("Macron's Law").
The foreign company must comply with the minimum legal provisions and the provisions of the collective agreement. French legislation has introduced more minimum requirements than the basic provisions of Directive 96/71/EC on the posting of workers. For example, foreign workers who post workers to France must comply with French labour law regarding the right to strike and undeclared work. In addition, the "minimum wage" includes the statutory minimum wage and any other minimum wage provided for in a collective agreement (bonus, compensation, allowances or indemnities, wage increases, etc.).
From 01.10.2021, the statutory minimum wage is EUR xxxxx gross per month for a full-time employee working 35 hours per week are recorded as overtime and should lead to additional compensation.
There are various collective agreements, as there is usually one for each industry. Collective agreements are compulsory in a company that does not operate within their scope. They define the minimum wage depending on the employee in the company, his years of work, etc. The knowledge of these requirements is extremely important, since the controls carried out by the Labour Inspectors check that the company posting the employee to France complies with the law and that the employee is paid the correct wage for the time he/she works in France.
For reference, you can download our spreadsheet showing minimum wages in several major industries and describing the number of hours you can work/week and what may be included in your salary.
Please click below to download the file.
2 Your obligations regarding workers posted to France:
Before starting a temporary posting in France, the employer from the country of origin should send a special declaration (declaration préalable de détachement) to the French labour inspectorate. This declaration is done exclusively through the online platform "SIPSI". The French buyer and contractor must ensure that the foreign service provider has complied with this obligation.
In addition to the previous declaration, the foreign company must appoint a representative on French territory. on the territory of France. This representative should communicate with the authorities on behalf of the employer and have copies of all documents that the authorities may request.
All these documents must be translated into French and should be retained for 5 years after completion of the assignment. This translation requirement applies to a number of documents. Firstly, it concerns documents certifying that the employer's social and economic situation complies with the law. Secondly, it concerns documents proving that the minimum requirements for employees' working conditions are met. Employers must be aware that documents such as work permits, employment contracts or payrolls must be translated into French. In the case of
In the event of an inspection, the labour inspector must be able to clearly determine the employee's minimum wage, additional overtime pay, working days, working hours and annual leave.
Proof of payment of wages may also be required. For activities in the construction and public works sector, a professional card (BTP card) is required for all posted workers.
- printed notification from the SIPSI portal,
- copies of the employee's salary contract or addenda,
- Form A1.
A specific list of documents complying with the Loi Macron under French law, which must be drawn up in French and state the amounts in euros (cf. Article R. 1263-1 of the French Labour Code), namely:
- a document stating the correctness of the employer's social security position = document A1.
- work permits for workers from third countries,
- a document certifying the medical examination carried out in the country of origin, equivalent to that provided for in France for employers established in one of the countries of the EU, the EEA and the Swiss Confederation,
- a pay slip for each posted worker, or any other equivalent document (if the period of posting is one month or more), or any other document providing evidence of compliance with minimum wage provisions.
- Others as indicated by the inspector.
- Copy of the document appointing the Representative in France,
- Copy of the certificate of secondment,
- Monthly payroll for each employee,
- Proof of payment of the minimum wage to the posted worker.
In the event of non-compliance with the above requirements, French legislation provides for different penalties depending on the type of offence. These range from a fine of €7,500 (and €15,000 for a new offence within one year of the first offence) to (and €15,000 for a further offence within one year of the first offence) to criminal proceedings. If the service provider fails to declare the posted worker, if the information provided is incorrect and/or incomplete, or if the contracting authority and the contractor and contractor fail to carry out the necessary checks on the foreign service provider, they are subject to an administrative fine of a maximum of €4,000 per worker (€8,000 in the case of repeat offences) up to a maximum of €500,000.
Furthermore, non-compliance with the obligations relating to the posting of workers may lead to penalties such as administrative fines, the obligation for the contractor and the purchaser to provide decent accommodation for posted workers or solidarity in respect of the payment of the minimum wage, social security contributions and/or French taxes and/or the suspension of the service contract.
Why choose IMPOL?
IMPOL, as representative of hundreds of foreign companies in Francehas developed over the years the know-how to manage online secondments, which allows you to manage all your secondment obligations. Including the storage of compulsory documents, the management of seconded workers. Applications for SIPSI declarations and/or BTP cards. We work 7 days a week to ensure that your project is carried out in accordance with local labour laws, resulting in a smooth stay for your employees and the completion of your work.
Representative
We support you through the entire process of posting workers to France. We provide advice. We help in emergency situations. We apply for special permits to ensure maximum impact and profitability.
Management of applications and documentation
Depending on your needs, we will take care of all the formalities related to the posting to France , from setting up the account to the declaration of the posted workers.
Assistance in the event of inspections
We intervene in the event of an inspection, providing the required documents to substantiate compliance with posting obligations. As a sworn Polish-French translation agency and with our own lawyer specialising in social law, we offer you comprehensive care.
