In 1996, an EU directive was created to exempt workers posted within the EU from standard work authorization requirements. Over time, this directive has shown to require stricter enforcement. Consequently, in May of 2014, the EU announced a new EU directive to adhere to the requirements more closely. As part of the new mandate, a ruling has been made in regards to EU companies posting their employees to France. A posted worker is an employee sent by a company in one EU member state to provide short-term services to a client or affiliate in another EU member state. The employer (EU company) and the client company (the “host company”) should be aware of the following requirements. All EU member states have been given until June 18, 2016, to incorporate the May directive into their immigration systems.
Requirements for the employer:
At least two working days prior to the employee’s arrival in France, the employer must file a detachment declaration with the labor inspection office that has jurisdiction for the client site where the employee will be working in France. The filing may be made via fax or by registered mail. The employer is also required to inform the labor office of the legal representative in France in case of the need for him/her to act as liaison between the labor office and the employee in France. If the employee will be working in several locations, only the labor office with jurisdiction over the first location should be notified.
Requirements for the client company:
First, the client company should ensure that the employer has filed the required detachment declaration with the correct labor office via receipt of a copy of the declaration and proof of the filing. Following this step, the client company must indicate the arrival of the employee in France in their personnel register and make sure that proper living accommodations are provided to the employee.
Companies that do not take care to ensure that all requirements have been completed will be listed in the French labor offices’ online database as non-compliant. Fees for non-compliance in regards to the above requirements can result in 2,000 Euros per employee. A company could be fined up to 10,000 Euros. It should be noted that for companies with a history of non-compliance, the fine will increase to 4,000 Euros per employee. Employers should be aware of these requirements and the increased possibility of labor inspections as the EU works towards stricter enforcement of these directives.
Please note that this is general information only and not intended as advice on a specific matter. Please feel free to contact Fakhoury Global Immigration directly with questions exclusive to your situation. This news alert may have been prepared using information from Peregrine Immigration Management, which is licensed to Fakhoury Global Immigration.