DELEGATION - DK
TRANSPORT
1. BASIC INFORMATION regarding the posting of drivers to France:
Basic information about Loi Macron in France
It is worth knowing that this act has been operating since July 1, 2016. Pursuant to its regulation, it is necessary to have a representative in France who is fluent in French and is still in the territory of the abovementioned country. In addition, the Act also regulates the minimum wage provision, which means that an employee residing in this western state must be provided with a rate corresponding to French standards. To make it easier to understand, let’s use a brief example.
A person earning about PLN 18 per hour in Poland goes on a delegation to France. When crossing the border, it is legally subject to French pay standards. In other words, – instead of PLN 18 will get EUR 10 per hour until you stay in that country.
Advantages and disadvantages of Loi Macron
It cannot be hidden that the implementation of the Loi Macron Act entails the need for entrepreneurs to bear certain costs. Does this have only negative consequences?
Not exactly. First of all, using the services of a representative will make it easier to regulate all formalities in France. Permanent stay and fluent language skills will, for example, allow easy and efficient VAT recovery from abroad or debt collection in France.
In addition, in the event of any problems, e.g. fines, lack of relevant documents and many other random situations, the representative will be able to help the company avoid financial penalties. For example, it may sometimes happen that the police stop the vehicle due to ambiguities in the forms. The representative will be able to quickly contact the services and explain the situation, reducing any load stoppages.
An unequivocal answer to the question of whether the Loi Macron Act has positive or negative consequences for business owners is practically impossible. It all depends on how you look at it. On the one hand, the costs incurred are increasing because you have to use the services of representatives in France. On the other hand, in the event of any ambiguities in the documents, the representative can help the company to avoid draconian penalties.
Hourly remuneration rates applicable to road transport workers in force from 01/01/2021. Basic hourly rate in Euro: (update: April 2021, change for category 150M; September 2021, change for category 118M-138M). 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 before the driver leaves for France and legal representation:
- printed application from the SIPSI portal,
- copies of the contract or annexes on the employee’s remuneration,
- form A1.
A specific list of documents compliant with Loi Macron by law in France, which should be drawn up in French and provide amounts in euro (see Art. R. 1263-1 of the French Labor Code), namely:
- a document confirming the correctness of the employer’s social benefits situation = document A1.
- work permits for employees from third countries,
- a document confirming medical examinations carried out in the country of origin, which is equivalent to the tests provided for in France for employers operating in one of the EU, EEA and Swiss Confederation countries,
- the payment section of each posted worker or other equivalent document (if the posting period is one month or more), or any other document providing evidence of compliance with the minimum wage provisions,
- in the case of sharing posted workers between companies, the car should contain two documents: an annex to the employee’s contract and a copy of the contract regarding the surrender of the employee. This is governed by the provisions of the French Labor Code. There are also strict conditions regarding what should be included in the above documents delegated to France. The annex should describe the workplace, employee responsibilities, as well as the time and place of work. The agreement between companies, in turn, must specify the period of secondment, as well as inform about qualifications, identity, remuneration and employee contributions.
A situation in which a representative of transport companies in France will not be able to show these documents, the company is facing fines and even imprisonment, as this will be treated, among others as obstructing the work inspector’s activities.
- Copy of the Representative’s appointment document in France,
- Copy of the secondment certificate,
- Monthly payroll for each employee,
- Proof of payment of the minimum wage to a posted worker.
- No representative and no documents:
- The amount of the fine imposed may not exceed the amount of 4,000. euros for the posted employee and 8,000 euro in the event of a repeated infringement within two years of the date of notification of the first fine. It threatens, as a result, with the accumulation of penalties imposed. The maximum total amount of the fine may not exceed 500,000 euro.
- No required SIPSI certificate for a truck: 750 €
- Incorrectly completed certificate: 135 €
Important – when checking documents, the most common penalty is exceeding the permitted number of cabotage operations and here the penalty is from 2250 €.
Penalties can only be challenged before an administrative court. However, the limitation period for administrative proceedings in the case of a fine imposed is two years, which are counted from the date of the infringement.
CONSTRUCTION
WELDING
THE TRADE FAIR INDUSTRY
OTHER
1. BASIC INFORMATION regarding 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 („ Macrona Law ”).
A foreign enterprise must comply with the minimum legal provisions and 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 employees who post employees to France must comply with French labor 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 the collective labor agreement (premium, compensation, allowances or compensation, salary increases, etc.)
From 01.10.2021, the statutory minimum wage is xxxxx EUR gross per month for a full-time employee working 35 hours per week, they are recorded as overtime and should lead to additional compensation.
There are different collective labor agreements, because there is usually one agreement for each industry. Collective agreements are mandatory in an enterprise that does not operate within their scope. They determine the minimum wage depending on the employee in the enterprise, his years of work, etc. Knowledge of these requirements is extremely important, as inspections carried out by Labor Inspectors check whether the company posting an employee to France complies with the law and whether the employee has been paid adequate remuneration for working time in France.
For review purposes, you can download our sheet showing minimum wages in several major industries and describing the number of hours that you can work / week and what may be included in your salary.
Please click below to download the file.
2. Your responsibilities for employees posted to France:
Before commencing temporary secondment to France, an employer from the country of origin should send a special declaration to the French labor inspection (declaration préalable de détachement). This declaration takes place only through the “SIPSI” internet platform. The French buyer and contractor must ensure that the foreign service provider has fulfilled this obligation.
In addition to the previous declaration, a foreign foreign company must appoint a representative in France. 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 kept for 5 years after completion of the order. This translation requirement applies to many documents. First, this applies to documents confirming that the social and economic situation of the employer complies with the law. Secondly, it concerns documents confirming compliance with the minimum requirements regarding the working conditions of employees. Employers must be aware that documents such as work permits, employment contracts or payroll must be translated into French. In case of
In the case of an inspection, the labor inspector must be able to clearly define the employee’s minimum wage, additional overtime pay, working days, working hours, working hours and vacation leave.
Proof of payment may also be required. In the case of activities in the construction and public works sector, a professional card (BTP card) is required for all posted employees.
- printed application from the SIPSI portal,
- copies of the contract or annexes on the employee’s remuneration,
- form A1.
A specific list of documents compliant with Loi Macron by law in France, which should be drawn up in French and provide amounts in euro (see Art. R. 1263-1 of the French Labor Code), namely:
- a document confirming the correctness of the employer’s social benefits situation = document A1.
- work permits for employees from third countries,
- a document confirming medical examinations carried out in the country of origin, which is equivalent to the tests provided for in France for employers operating in one of the EU, EEA and Swiss Confederation countries,
- the payment episode of each posted worker or other equivalent document (if the posting period is one month or more), or any other document providing evidence of compliance with the minimum wage rules.
- Others indicated by the controller.
- Copy of the Representative’s appointment document in France,
- Copy of the secondment certificate,
- Monthly payroll for each employee,
- Proof of payment of the minimum wage to a posted worker.
In the event of failure to comply with the above requirements, French law provides for different penalties depending on the type of offense. Starting from a fine of EUR 7,500 (and EUR 15,000 in the event of a new offense within one year of the first offense) to (and EUR 15,000 in the event of another offense within one year of the first offense) to criminal proceedings. If the service provider fails to notify the posted worker, if the information provided is incorrect and / or incomplete, or if the contracting authority and contractor and contractor do not carry out the necessary control of the foreign service provider, they shall be subject to an administrative fine of a maximum of EUR 4,000 for each employee (EUR 8,000 in case of recidivism) up to a maximum of EUR 500,000.
In addition, failure to comply with the obligations related to the posting of workers may lead to penalties such as administrative fines, the obligation of the contractor and the buyer to provide posted workers with decent accommodation or solidarity in the payment of the minimum wage, social security contributions and / or French taxes and / or suspension service contracts.
Why choose IMPOL?
IMPOL, as representative of hundreds of foreign companies in France has 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.