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FRANCE – Changes to Rules for Posted Workers

On 5 September 2018, Law No. 2018-771 on “freedom to choose one’s professional future” was signed by the French president, codifying several important changes to the rules for workers posted to France.

Simplified Rules

  • Foreign employers will be exempt from submitting a posted worker declaration and from designating a representative in France in certain circumstances, including for certain short-term activities (to be defined by a pending Labour Ministry decree) in fulfilment of a service agreement or for intra-company transfer;
  • Other requirements will be simplified in the case of frequent or recurring postings (to be defined by the same pending decree).

Reinforced Controls

  • The maximum fine for non-compliance with the regulations for posting workers has doubled from EUR 2000 to EUR 4000, and the maximum fine for repeated non-compliance within two years (instead of one year) has also doubled, from EUR 4000 to EUR 8000.
  • The posting in France can be suspended for up to two months (renewable) in the case of non-compliance;
  • The posting company will be required to pay the fine regardless of any appeal procedure submitted;
  • The publication (“name and shame”) of the details of non-compliant companies has been expanded.

Action Items

  • Employers posting workers to France are advised to contact their immigration specialist to discuss how they may be affected by these changes.

This alert was drafted using information provided by Home Conseil Relocation and APRO Consulting.

DISCLAIMER: The information contained in this immigration alert has been abridged from laws, court decisions, and administrative rulings and should not be construed or relied upon as legal advice. If you have specific questions regarding the applicability of this information, please contact Peregrine © 2017 Peregrine Immigration Management Ltd.