Loi Macron and representation in France - transport

IMPOL, as your representative of expatriate workers in France, including the representative of transport companies, will help you understand and prepare all necessary documents in a clear, fast and efficient manner. We will also inform you of any applicable legislation such as Loi Macron, the equivalent of MILoG in France. Below you will find official information on cooperation with a representative and the resulting responsibilities of the parties for the posting of employees to France. Sometimes, analogous to MILoG, the obligations under the French Loi Macron and other legal issues can be seemingly unclear. In such situations, we invite you to contact us, we will try to answer all your questions, as well as explain the issues related to the representation of the company in France by Impol.

Posting of workers to France - required documents

What documents according to Loi Macron should an employee posted to France have?

For transport: printed SIPSI declarations with heavy weight, copies of the declarations in France, annex to the contract and form A1.
For other industries: all of the above, as well as BTP sheets.

What additional documents may the Inspection Service require the employer/representative to produce without delay if employees are posted to France?


A specific list of documents that comply with the Loi Macron under French law, which must be drawn up in the French language and indicate the amounts in euros (cf. Article R. 1263-1 of the French Code du travail), namely
- document stating the correctness of the employer's social security situation, (A1 document),
- work permit for workers coming from third countries,
- document confirming the medical examination carried out in the country of origin, which is the equivalent of the examination provided in France for employers operating in one of the EU countries, EEA and the Swiss Confederation,
- the payslip of each posted worker, or any other equivalent document (if the period of posting is one month or more), or any other document proving compliance with minimum wage legislation,
- in the case of sharing posted workers between companies, two documents should be present in the car: an addendum to the employee's contract and a copy of the contract relating to the handover of the employee 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 posting, as well as inform about the qualifications, identity, remuneration and contributions of the workers

. If the representative of the transport companies in France is not able to present the mentioned documents, the company risks fines and even imprisonment, because this will be treated, among other things, as obstruction of the activities of the labour inspector.

What documents should the representative of the companies be in possession of in the event of checks for workers posted by his clients to France:

- Copy of the document appointing the Representative in France,
- Copy of the certificate of posting,
- Monthly payroll for each employee,
- Proof of payment of the minimum salary to the posted employee,

Representation in France - what are the penalties for not complying with the "Macron law"?

- Lack of a representative and any 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, cumulative amount of the fine, may not exceed €500,000.
- Failure to have the required SIPSI certificate in the truck:
750€

- Incorrectly completed certificate:
125€
Important - when checking documents, the most common penalty is exceeding the permitted number of cabotage operations, and here the penalty is from 2250€.

Fines can only be challenged before an administrative court. However, the statute of limitations for administrative proceedings on the imposed fine is two years, which are calculated from the date of the violation.

What are the most common reasons for errors resulting in penalties?

From our own experience, we know that in the posting files generated in the SIPSI system by employers, there are errors in determining:
- the amount of the minimum hourly rate for work,
- the rates of per diems and lump sums paid for overnight stays,
- the qualifications of the driver,
- a mistake in the date of the contract, employer data, etc.

Proper representation in France is undoubtedly one of the key aspects of the operation of companies posting employees to this country. Impol's group of specialists invites you to cooperate with us! Our goal is to provide clients with comprehensive and effective representation to help them achieve business success.

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