For employers based outside France, posting workers in France for the purpose of doing a job or providing a service.
Companies whose registered offices are located abroad can post their employees in France on a temporary basis for the purpose of carrying out a specific mission. Any employer based outside France required to provide a service in France must submit a prior declaration of temporary posting to the labour inspectorate branch of the place where the service is to be provided.
This means that the employer will be subject to French rules throughout the duration of the posting of his/her employees in France (labour code, laws, regulations, collective agreements, etc.) in matters of remuneration, professional equality, working hours and working conditions.
Once the mission has been completed, employees resume their former activities within the home company.
In accordance with the legislative framework, an employer based abroad must appoint a Representative in France. The contractor or project owner is required to ensure that a legal representative has actually been appointed by its provider.
Orial can be appointed as your legal representative in France. Our mission consists in:
- Being your legal representative in France (article R. 1263-2-1);
- Helping you to observe French labour laws, with particular regard to remuneration and safetyr;
- Helping you to centralise mandatory information and documents within the scope of article R. 1263-1 of the French labour code;
- Liaising with French supervisory authorities, submitting documents requested for the purpose of checking information regarding posted workers. These documents may be requested by labour inspection offices, judicial police officials and officers, and tax, customs and social security officials (article L. 8271-1-2).
Our services may also include:
- Forwarding the posting statement to the territorial unit of Direccte France via the SIPSI website:
- Providing assistance in the settlement of a dispute with duly authorised government agencies.
We would like to draw your attention to the fact that failure on your part to appoint a representative is punishable by a fine limited to €2,000 per posted employee (€4,000 in the event of a repeat offence within one year) up to a total limit of €500,000.