Global Alerts

France – Posted Worker Ruling

A new law that aims to go into effect between January and March 2019 will simplify the Posted Workers ruling but has an increase in penalty fines.

Main Modifications:

  • Fines will increase to 4,000 euros per employee, per violation, of the posted worker ruling (8,000 euro for repeat violations)
  • Labor inspections for repeat violations will have access to the company’s records for the past 2 years and will also be able to access information from the French administration and cannot be refused to disclose information on the grounds of professional secrecy.
  • Companies that are not compliant with the inspection will be published online.
  • Employers risk a 2 month bar of sponsoring short term assignments if they have to pay non-compliance fees.
  • Client sites can now be closed by the French administration if they are not compliant with the immigration rules with regard to the posted worker(s).

Benefits of New Law:

Employers will no longer need to maintain documents in French for certain short term assignments.

A waiver may be requested for the designation of a legal representative in France if the company can guarantee that the employee is being equally treated compared to the local staff in terms of working hours and compensation.

This news alert was prepared using information from Expat Partners.

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