France Impresa Workers Services has developed a significant network in the areas of French labour law and professional skills development, a necessary condition for employee secondment consultancy in France and consequent formal and declaratory requirements.
Consultancy in advance of employee secondment in France refers to:
- European Community framework: the 1980 Rome Convention establishes the foundation for a shared process among Member States for employee secondment in the European Union, and the subsequent European Community Directives 96/71/EC and 2014/67/EU contributed to ensuring the rights and working conditions for employees seconded to work in EU countries and to prevent any form of unfair competition between businesses;
- French legislative framework: Code du Travail Arts. 1261-1 to 1263-2 and R 1264-3, reinforced by the Savary Law 2014-790 of 10 July 2014 and Macron Law 2015-990 of 6 August 2015 helped govern the control measures for employee secondment control measures in French territory by imposing new sanctions and liability for not only the company seconding employees in France but also project managers and contractors, in the case of construction sites, as well as specific provisions for the transportation sector.
- —> During the period of the employee’s secondment in France, the conditions envisaged in the French Labour Code must therefore be ensured in relation to:
- Hourly wages
- Legal work schedule and rest periods
- Payment of overtime
- Workplace health and safety
- Designation of a company representative located in France with intermediary responsibilities / Designated entities in the event of an audit during the secondment
If a company does not comply with employee secondment regulations, it may incur fines from EUR 2,000.00 per employee seconded up to EUR 500,000.00.
In case of concealed work, the risk is criminal, 3 years imprisonment and fines up to EUR 45,000.00 for individuals and up to EUR 225,000.00 for companies
The France Impresa Workers service ensures the company’s consultancy in advance, not only on the formal obligations to be carried out with agencies, but most importantly, on the conditions that must be applied to the employee during the secondment period and be translated into pay slips.