Global Alerts

FRANCE – Enforcement Against Illegal Workers on Detachment

The following changes are for companies transferring their employees to France on detachment for both the category ICT (intra-company transfer) and detachment not in the ICT category.

Foreign companies must designate a legal representative in France who will be the liaison with the labor inspection and the foreign company (employer). The legal representative is required to have access to the following documents (that can be requested by the French administration, labor inspection), which can be kept either at the site where the employee is working or elsewhere:

  1. The approved work permit authorizing the non-EU national to work in France;
  2. Attestation or medical certificate from the home country (that the employee is apt to work);
  3. When the detachment is for more than one (1) month, a copy of the pay slips, or any equivalent document attesting the payment of the salary that must mention:
    1. Minimum salary (as per the approved work permit) and the payment of any over time;
    2. The period and hours worked for each pay slip, separating the normal working hours and overtime;
    3. Any days off: paid holidays, national holidays, and the salary for those people; and
    4. If there is a collective bargaining agreement.
  4. When the detachment is for less than one (1) month, any document that confirms that the salary has been respected as given in the work permit;
  5. Any document showing the payment of the salary (wire transfer, copy of the check);
  6. Time sheet of hours worked, showing the start and end of the working hours for each day for each employee on detachment; and
  7. The copy of the designation by the employer of the legal representative in France;

Documents that show that the employer has regular business activity in the home country:

  1. With regard to the social security, for non-EU companies, one of the following documents must be less than six (6) months old:
    1. Either an attestation or certificate from the home country social security administration when there is a treaty agreement between France and the home country;
    2. Or, if there is no treaty agreement with France, an attestation that the foreign company has filed the French social security declarations. However, if this is the first detachment, only an attestation that the company is registered is required.
  2. When there is a written document with regard to the employment: a copy of the employment contract or any other form of written confirmation (with regard to the hiring of the employee showing where the employee was hired);
  3. A copy of the contract document between the employer and the company in France where the employee is on detachment and
  4. Any document that can confirm the number of executed contracts and turnover of the employer in the home country and in France.

The host company in France must now have (before the start of any detachment employee working on site) a copy of the following:

  • The prior detachment filed with the labor inspection that has jurisdiction for the place of work;
  • A copy of the designation of the legal representative; and
  • A copy of the work permit is added to the personnel register, so that personnel delegates and any French administration can access the information. This is either held in the host company’s office or onsite where the foreign national is working if this is in a different location.

The employer and the host company could be fined if these new rules are not respected.

 

This alert was prepared by Expat Partners.

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