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.
When a company established abroad temporarily posts its employees on the French territory, the posted employees are under the same labour regulation as the employees of a company in France carrying out the same type of activity. In order to fight against illegal practices, the law requires that information related to the French labour law is made accessible and understandable for the posted workers via a poster and a document of information.
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