DELEGATION - MO
TRANSPORT
1. BASIC INFORMATION regarding the posting of drivers to France:
Basic information about Loi Macron in France
It is worth knowing that this law has been in effect since July 1, 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. In addition to this, 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’s use an abbreviated example.
A person earning about PLN 18 per hour in Poland goes on a business trip to France. The moment he crosses the border he is legally subject to French wage standards. In other words – instead of PLN 18, he will get EUR 10 per hour until he stays in that country.
Advantages and disadvantages of Loi Macron
There is no denying that the implementation of the Loi Macron law brings with it certain costs for businesses. But does it have only negative consequences?
Not exactly. First of all, using the services of a representative will enable you to facilitate the settlement of all formalities in France. Permanent residence and fluency in the language, for example, will make it possible to easily and efficiently recover VAT from abroad or collect debts in France.
In addition, in the event of any problems, such as fines, lack of relevant documents and many other random situations, the representative will be able to provide assistance so that the company can avoid financial penalties. For example, there may sometimes be a situation where a vehicle is stopped by the police due to ambiguities in the forms. The representative will be able to quickly contact the services and explain the situation, reducing possible cargo downtime.
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 one looks at it. On the one hand, the costs incurred increase, because you have to use representatives in France. On the other hand, in the event of any ambiguity in the documents, the representative can help the company so that it can avoid draconian penalties.
Hourly wage rates applicable to road transport employees effective as of 01.01.2021. Basic hourly rate in euros: (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 in posting drivers to France:
Documents before the driver’s trip 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 in compliance with Loi Macron under the law in France, which must be in French and state the amounts in Euro currency (cf. Article R. 1263-1 of the French Labor Code), namely:
- A document stating the correctness of the employer’s situation with regard to social benefits = A1 document.
- work permits for workers from third countries,
- a document confirming the medical examination conducted in the country of origin, which is the equivalent of the examination provided in France for employers operating in one of the EU, EEA and Swiss Confederation countries,
- the pay stub of each posted worker, or any equivalent document (if the posting period is one month or longer), or any other document providing proof of compliance with minimum wage regulations,
- in the case of the provision of employees posted between companies, there should be two documents in the car: an addendum to the employee’s contract and a copy of the agreement on the surrender of the employee in question. This is regulated by the French Labor Code. There are also strict conditions on what should be in the above documents delegated to France. The annex should describe the job position, the employee’s duties, 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 inform about the qualifications, identity, salary and contributions of the employees.
A situation in which a representative of transport companies in France is unable to show the said documents, the company faces fines and even imprisonment, as this will be treated as obstructing the labor inspector, among other things.
- Copy of the document of appointment of the Representative in France,
- A copy of the certificate of secondment,
- Monthly payroll for each employee,
- Proof of payment of the minimum wage to the posted employee.
- No representative and no documents:
- The amount of the fine imposed may not exceed €4,000 per seconded employee and €8,000 if the violation is repeated within two years from the date of notification of the first fine. This threatens, consequently, the accumulation of imposed fines. The maximum total amount of the fine, in aggregate, may not exceed 500 thousand euros.
- Lack of the required SIPSI certificate in the 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 €2,250.
Fines can only be challenged before an administrative court. On the other hand, the statute of limitations for administrative proceedings on the imposed fine is two years, which are calculated from the date of the violation.
CONSTRUCTION
WELDING
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 is applicable as of July 30, 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 to France must comply with French labor laws regarding the right to strike and undeclared work. In addition, “Minimum Wage” includes the statutory minimum wage and any other minimum wage provided for in a collective bargaining agreement (bonus, compensation, allowances or compensation, wage increases, etc.).
As of 01/10/2021, the statutory minimum wage is € 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 bargaining agreements, as there is usually one agreement for each industry. Collective agreements are mandatory in a company that does not operate within their scope. They determine the minimum wage depending on the employee in the company, his years of service, etc. Knowledge of these requirements is extremely important, as inspections by Labor Inspectors verify that the company posting an employee to France is complying with the law and that the employee has been paid the appropriate wage for the time worked in France.
For reference, you can download our sheet 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 responsibilities with respect to employees 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 labor inspectorate. This declaration is done exclusively through the “SIPSI” online platform. The French purchaser and contractor must make sure that the foreign service provider has complied with this obligation.
In addition to the previous declaration, the foreign foreign company must appoint a representative on French territory. in 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 of these documents must be translated into French and should be kept for 5 years after completion after the assignment. This translation requirement applies to a number of documents. First, it applies to documents certifying that the employer’s social and economic situation is in compliance with the law. Secondly, it applies to documents certifying that the minimum requirements for the working conditions of employees 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 labor inspector must be able to clearly identify the employee’s minimum wage, additional overtime pay, working days, working hours days, working hours and vacation leave.
Proof of payment of wages may also be required. For construction and public works activities, 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 in compliance with Loi Macron under the law in France, which must be in French and state the amounts in Euro currency (cf. Article R. 1263-1 of the French Labor Code), namely:
- A document stating the correctness of the employer’s situation with regard to social benefits = A1 document.
- work permits for workers from third countries,
- a document confirming the medical examination conducted in the country of origin, which is the equivalent of the examination provided in France for employers operating in one of the EU, EEA and Swiss Confederation countries,
- the pay stub of each posted worker, or any equivalent document (if the posting period is one month or longer), or any other document providing proof of compliance with minimum wage regulations.
- Others as indicated by the controller.
- Copy of the document of appointment of the Representative in France,
- A copy of the certificate of secondment,
- Monthly payroll for each employee,
- Proof of payment of the minimum wage to the posted employee.
In case of non-compliance with the above requirements, French regulations provide for different penalties depending on the type of offense. These range from a fine of €7,500 (and €15,000 in the case of a new offense within one year of the first offense) to (and €15,000 in the case of a subsequent offense within one year of the first offense) to criminal prosecution. If the service provider fails to report the posted worker, if the information provided is incorrect and/or incomplete, or if the contracting authority and the contractor and subcontractor fail to conduct the necessary inspection of the foreign service provider, they are subject to an administrative fine of a maximum of €4,000 per worker (€8,000 for repeat offenders) up to a maximum of €500,000.
In addition, failure to comply with posting obligations can lead to penalties such as administrative fines, the obligation of the contractor and purchaser to provide decent housing for posted workers or solidarity in the payment of minimum wages, social security contributions and/or French taxes, and/or suspension of the service contract.
Why choose IMPOL?
IMPOL, as a representative of hundreds of foreign companies in France, has developed over the years an online secondment management know-how that allows you to manage all your secondment responsibilities. Including storing mandatory documents, managing seconded employees. 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 labor laws, which will translate into a smooth stay for your employees and the completion of the assigned work.
Representative
We support you through the entire process of posting employees to France. We provide advice. We assist you in emergency situations. We apply for special permissions to ensure maximum impact and profitability.
Application and documentation management
Depending on your needs, we will take care of all the formalities related to posting to France , from setting up the account to the declaration of the posted employees.
Assistance in case of inspections
We intervene in the event of an inspection by an inspectorate, providing the required documents for the necessary to justify compliance with posting obligations. As a sworn Polish-French translation agency and having our own lawyer specializing in social law, we offer you comprehensive care.