Effective 1 July 2017, the principal (Donneur d’Ordre) and the contractor (if assigned to third parties) are also involved in the declaration mechanism with the French Labour Inspectorate in the case of construction works awarded to non-French firms, as envisaged by Decree 2017-825 of 5 May 2017.
The purpose of the Decree is to make the entire chain responsible for control and supervision (customer, contractor, subcontractor) and for fines, in the event of non-compliance.
For work awarded to non-French companies, the principal (Donneur d’Ordre) or project manager (Maître d’oeuvre) is required to verify that the Déclaration Préalable de Détachement has been electronically transmitted through the SIPSI portal.
If the company performing the work is non-compliant, the principal or project manager must submit the Déclaration subsidiaire, par le maître d’ouvrage ou le donneur d’ordre, du détachement de travailleurs to the Labour Inspectorate no later than 48 hours from the project start, indicating on the appropriate form the company that will carry out the construction work and all relevant information requested.
Effective 1 January 2018, this communication must be transmitted electronically.
Decree 2017-825 also provides other liability measures for the maître d’ouvrage in the following areas:
– declaration method in the event of a construction site accident involving a seconded employee,
– method for posting construction work,
– method for suspending work if the Déclaration Préalable de Détachement is not sent,
– disclosure to be provided to the companies on the secondment conditions and Carte BTP requirements for all employees.