Our So Posting Worker by ASD service accompanies you from a to z in your procedures for posting workers in France and in Italy
What is posting of workers?
A posted worker is an employee posted by his/her employer to another Member State for a temporary mission. An employer operating in another country must respect the social laws of the destination country for its posted employees, especially the declarative obligations, remuneration and working conditions (working time, rest periods, etc.)
For each employee and for each mission, you must fill out a prior declaration of posting. As a representative, we propose creating your account and completing the prior declarations of posting for all of your posted employees. You will receive notification of the declaration to be supplied to your employee before the start of their mission.
When you post employees, you are required to appoint a representative who will act as a liaison between the authorities and your company. Of course, our service includes this key point.
Labour inspection, police and gendarme services may make an on-site inspection of your posted employees. During an inspection, the representative provides the necessary documents to prove your compliance and respond to the questions from the authorities
WHO ARE WE?
So Posting Worker by ASD is an online service that allows you to manage and secure the mandatory formalities for companies that post employees in Europe. This service was created by ASD Group, a specialist in developing companies at an international level for the last 20 years. Thanks to its implementation in 25 countries, the group offers a representation service in the posting country as well as a group of complementary services adapted to the laws of the country and the activity sector involved.
A single contact person who speaks your language
Managing your obligations
Personalised assistance with inspections
Posting of workers is a status defined by the European Directive of 16 December 1996 which allows an employed person working in a Member State of the European Union to be posted to work in the territory of another Member State. The remuneration and working conditions of the posted worker depend on the host country, while the social security contributions are those of his country of origin.
Seconded work should in principle meet a need for specialized and temporary workers in a specific field. It can be a service provider, a group or a temporary work company. Bilateral agreements also make it possible to allocate work between European and non-European countries.
Legal framework of posted workers
The rules adopted in 1996 in the context of the posting of employees are laid down in the Posting of Workers Directive. An Enforcement Directive was approved in 2014 to reduce fraud, circumvent regulations and increase the exchange of information between Member States. This 2014 Directive concerns the provision of services (implementing Directive 2014/67 / EU). Transposition into national law was mandatory before 18 June 2016.
However, these guidelines do not take into account all the subtleties of the different evaluation methods.
Duration of the posting of employees
For the period of secondment, the tax status rule, which sets a threshold of 183 days worked per fiscal year, may affect the duration of the secondment.
Working conditions, remuneration and social charges
Remuneration and working conditions are governed by the legislation of the temporary host country.
In addition, social security contributions are those of the country of origin, which can create distortions of competition due to the practice of social dumping.
The CJCE considers that the “minimum wage rate” that a Member State may claim to pay a posted worker includes: holidays, daily compensation for loose work and compensation for the duration of the journey, on the same basis as local workers.
The amount of the minimum wage refers to the gross salary of the host country and includes the increased rate for overtime.
Secondment firms do not have a clear understanding of the mechanics of the agreement when wages are defined by a sectoral agreement, which leads them to underestimate the applicable minimum wage rates.
The main problem for posted workers is the implementation of the existing rules and the trade unions demand the same remuneration for the same work in the same place.
A new law was passed on September 5, 2018 including a section on the posting of employees and illegal work in France. This law eases the obligations of employers but strengthens the sanctions against posting fraud.
As of January 1, 2018, the French Minimum Interprofessional Growth Salary (SMIC) has been revalued.
In 2017, it was € 9.76 gross, or € 1,480.27 gross monthly (based on 35 hours per week), and has now been adjusted by 1.2%. It will now reach around € 1,498.47 gross monthly, or € 9.88 gross hourly.
This is a new obligation that comes about the posting of workers in France. To continue to fight against social dumping and unfair competition, article 27 of the law N ° 2016-1827 of December 23rd, 2016, reinforces the device already set up.
From 1 April 2017, the French principals will have the obligation to keep at the disposal of the competent authorities documents justifying the affiliation of employees seconded to a social security scheme, in their country of origin.
In fact, these documents will make it possible to certify the legislation applicable to the seconded employee in matters of social security, and specify in which country the social security contributions must be paid.
In concrete terms, the client must therefore obtain from the social security organizations on which the seconded employee works for his own account or that of a subcontractor:
- A form called Form A1 (formerly Form E101) for workers who are nationals of a country of the European Union. Pending receipt of the said form, proof of his application to the social security organizations will be admitted. However, in the event of a control, this tolerance will not dispense the client from producing Form A1 within two months.
- or refer, where appropriate, to bilateral social security agreements signed between the country of origin and France, for workers from a country outside the European Union (*). You can find this information at the bottom of our page or on the website www.ameli.fr
These documents must be searchable at the place of execution of the work and at the premises of the client. It should be noted that during an inspection, the competent authorities may ask the posted employee, the employer of the posted employee or his representative to produce these documents.
From 1 April 2017, the French contractors will have the obligation to keep in the workplace of the seconded employees, the form attesting their affiliation to the Social Security in their countries of origin. In concrete terms, the contractors will have to make available at the place of execution of work, the A1 form (for workers from a European Union country) of each posted employee working for him or for a sub-worker. dealing. This document will be systematically requested in case of control of a state agent.
In the case where the worker is established in a third country to the European Union, it is necessary to refer to the bilateral agreement signed with France.
The article of law provides of course penalties in case of non-compliance with this obligation. This amount will be equal, per employee concerned, to the monthly ceiling of the Social Security, ie to € 3,269 in 2017. This penalty will be doubled in case of recidivism found within 2 years.
If you are posting employees in France and would like to call on a specialist for all your obligations regarding the seconded work, do not hesitate to contact us via our contact form, we will be delighted to accompany you.
The beginning of 2018 marks the entry into effect of certain regulatory changes concerning posted workers in France. Find out what is changing from 1st January 2018.
Find all of the news deciphered by our experts
Our experts are available to answer all your questions