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FRANCE - Legislation to Simplify Posting Procedures and Strengthen Inspections [UPDATED]

Effective 1 July 2019, a decree has amended the requirements for posting workers to France.

[UPDATE] On 16 July 2019, a new version of the SIPSI website for posting declarations went live.

The changes are as follows:

  • Additional information must be included in the posting declaration, including the sex of the assignee and their hourly rate of pay, rather than monthly salary.
  • Information about the posting company’s representative, including their contact details must be included, along with the location of the documents related to the posting which must be made available to the labour inspectorate on demand.
  • The updated declaration form reduces the list of mandatory information related to the identification of the client.
  • A separate document designating the posting company’s representative in France no longer needs to be submitted.
  • Several other amendments have been introduced to reinforce the powers of the labour inspectorate.

Another new decree specifies the activities which are exempt from the requirement to submit a posting declaration for short-term assignments.

These include certain artistic and sporting activities (for up to 90 days in a twelve-month period) and certain trainees, teachers and researchers, as well as participants in certain conferences, seminars and scientific events (for up to twelve months).

Assignees who are exempt from the posting declaration have 15 days to present any documents related to the posting if requested by the labour inspectorate.

Action items

Employers who may be affected are encouraged to contact a Newland Chase immigration specialist for case-specific advice.

This alert was prepared with information provided by Expat Partners and Newland Chase.

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 © 2021 Peregrine Immigration Management Ltd.