Sep 30 2020

French Implementation Widens Posted Worker Directive Scope

France

At a Glance

  • Following French implementation of the Revised Posted Worker Directive on July 30, 2020, which reduced the period during which a posted worker in France can remain under certain home country labor laws to 12 months (or 18 months following an extension declaration), Fragomen received additional information on the scope of implementation.
  • The clarification expands the scope of the directive by making it applicable to all types of secondments (intra-company transfer and international provision of services), regardless of the posted worker’s home country, with one exception for the transportation sector. This is more expansive than the scope of the general EU Posted Workers Directive.
  • As a result, affected employers should review the length of employment terms of workers posted to France so they can apply to extend the application of certain home country labor laws, if required.

The situation

Under French implementation of the Revised EU Posted Worker Directive, posted workers rules now apply to all types of secondments (intra-company transfer and international provision of services), regardless of the posted worker’s home country, with one exception for the transportation sector.

Impact

  • Expanded scope benefits posted workers. Since the EU Posted Worker Directive restricts the scope of applicability of the directive to the provision of services and intra-EU transfers, this French implementation is considered an expansion of the scope of applicability.
  • Submit extension applications immediately. Employers of posted workers whose assignments reached 12 months before August 14, 2020, and who missed the August 30 deadline to notify extended application of certain home country labor laws, should submit an online extension declaration as soon as possible. French authorities are expected to be lenient regarding the late filing of extension declarations, although it is not certain how long this leniency will continue. In general, such extension declarations are not subject to approval, but French authorities may request further information.  

 

Background

  • Adoption of directive. France adopted the Revised Posted Workers Directive on July 30, 2020 as part of a broader government policy to eliminate differences in employment conditions and to prevent illegal and unauthorized work. For more information, see Fragomen’s recent blog on this topic.
  • Duration of home employment conditions. The revised rules reduce to 12 months the period during which a posted worker can remain under only the main French labor laws (Noyau dur), while still applying some home country labor laws. After this period, the full French labor law applies to the posted worker, unless the home country employer requests an extension, which can be granted for up to six months.
  • Six-month extension. To extend the time under which only the main French labor laws apply to the posted workers for up to an additional six months, employers submit a declaration to the French Labor Authorities during the original 12-month period through the System on International Provision of Services (SIPSI) website.   

 

Looking ahead

The French government plans to conduct additional employer audits to ensure compliance with posted worker rules and to grant authorities the right to temporarily shut down worksites if rules are violated. Furthermore, the French government is also planning to introduce laws which will prevent illegal and unauthorized work.

Fragomen will report on related developments.

Fragomen in France is Fragomen France AARPI., operating as an immigration consultancy/law firm in France. This alert is for informational purposes only. If you have any questions or require assistance with the extension declaration, please contact the global immigration professional with whom you work at Fragomen or email [email protected].