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.
- 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).
- 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.