Do you call on foreign companies/service providers to deliver services on French territory? If so, your company acts as the originator of posting of workers. What you are going to read is of utmost importance as your company is carrying a binding responsibility towards the French government if your partner or subcontractor does not follow the rules in France. It is important to know your obligations acting as the originator in order to verify that your subcontractors and/or partners comply with the rules in France, in order to avoid heavy penalties.
What is “posting of workers”?
When a company sends workers to France in order to provide services, these workers are considered as “posted workers”.
The posting of workers makes it possible for your service providers or subcontractors to send their employees to France. Doing so, they continue to pay social contributions in their home country.
This setup is particularly interesting for foreign companies but is very strictly monitored. Compliance with the strict rules is mandatory, both subcontractor company as the originator company.
There following people or setups are NOT concerned:
- Independent workers who do not have an employee status,
- Temporary visits of employees in France that are not invoiced to a client. Typically, it concerns prospecting, recruiting new clients and other similar activities.
Being the originator, what are your obligations before the arrival of the posted workers in France?
Ask the foreign company (service provider, subcontractor, etc.) to provide you with:
- A copy of the prior declaration of worker posting (SIPSI),
- A copy of the signed representation agreement with a representative established in France,
- A copy of the A1 forms of each employee concerned.
We highly recommend not to permit any foreign workers to intervene or to start their activities in France without having received the documents mentioned here above.
You’ll be exposed to a risk of penalties amounting 4.000 EUR per employee concerned acting as the originator of these posted workers.
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