Important Updates
Important Updates
April 13, 2026 | NetherlandsMens en Migratie: Behind the Scenes—Recognised Sponsorship
April 14, 2026 | AustraliaFour Fragomen Attorneys Recognised by The Best Lawyers™ in Australia
April 14, 2026 | United StatesFragomen Shortlisted Across Multiple Categories in 2026 EMMA Awards
April 14, 2026 | Saudi ArabiaSaudi Arabia: Saudization Requirements Announced for Certain Administrative Support Roles
April 14, 2026 | United StatesUnited States: May 2026 Visa Bulletin – Main Employment-Based Categories Hold Steady; USCIS to Honor Final Action Dates
April 13, 2026 | NetherlandsMens en Migratie: Behind the Scenes—Recognised Sponsorship
April 14, 2026 | AustraliaFour Fragomen Attorneys Recognised by The Best Lawyers™ in Australia
April 14, 2026 | United StatesFragomen Shortlisted Across Multiple Categories in 2026 EMMA Awards
April 14, 2026 | Saudi ArabiaSaudi Arabia: Saudization Requirements Announced for Certain Administrative Support Roles
April 14, 2026 | United StatesUnited States: May 2026 Visa Bulletin – Main Employment-Based Categories Hold Steady; USCIS to Honor Final Action Dates
April 13, 2026 | NetherlandsMens en Migratie: Behind the Scenes—Recognised Sponsorship
Subscribe
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Travel and Mobility Considerations: Situation in the Middle EastNavigating Immigration Under the Second Trump AdministrationImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsVietnamese ImmigrationView More
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Travel and Mobility Considerations: Situation in the Middle East
  • Navigating Immigration Under the Second Trump Administration
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • Vietnamese Immigration
  • View More

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
  • Insights

Ministerial Decree to Extend Posted Workers’ Rights

March 15, 2019

insight-news-default

Country / Territory

  • FranceFrance

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

The situation

The French Minister of Labor has published a Decree to extend posted workers’ rights and tackle unfair competition and fraud related to posted workers.

A closer look

The Decree covers the following key aspects:

  • Equal treatment of posted workers. Under the Decree, the foreign employer must guarantee that posted workers are treated equally to employees working in the same branch of activity in France in terms of remuneration; occupational health and safety; accommodation conditions; and allowances or reimbursement of expenses to cover the cost of travel, accommodation or food.
  • Equal definition of remuneration. The Decree aligns the definition of remuneration for posted workers with the definition of remuneration used for French employees, which includes the basic/minimum/ordinary salary, as well as any other benefits and accessories, paid directly or indirectly, in cash or in kind, by the employer to the employee by reason of his employment. Specifically, this includes premiums or bonuses based on collective bargaining agreements, applicable to the branch of activity in France.
  • Application of French labor law after 12 months. Under the Decree, the entire French labor law will apply to foreign employers after 12 months of assignment when related to a specific position under certain conditions.
  • Duty of information for client companies. The client company (the company that uses an employment agency to hire workers) based in France or outside France bears an obligation to provide information related to remuneration and posted worker rules according to French law to an employment agency.
  • Fines apply to client companies. Client companies that violate the posted worker rules can be subject to fines (EUR 4,000 per posted worker, or EUR 8,000 in case of repeated offences, up to a total amount of EUR 500,000). Though these fines already existed, the Decree confirms that they apply to client companies.

 

The road transportation sector is not affected by the Decree, as this sector remains under a separate labor law regime.

Impact

  • Stricter requirements. Under the Decree, foreign employers will be required to ensure equal treatment, and therefore a higher standard of work conditions and remuneration applicable to posted workers. If these benefits were not previously granted, this may increase the cost of employing workers in France.
  • Equal responsibility for client companies. Client companies located in and outside France now bear the same level of responsibility.

 

Background

  • Increased compliance efforts. The Decree is part of a broader government policy to reduce differences in employment conditions (known as 'social dumping') and to prevent illegal and unauthorized work. According to the announcement that accompanied this Decree, the French government plans to conduct 24,000 employer audits in 2019 to ensure compliance with posted worker rules, and to grant authorities the right to temporarily shut down worksites if rules are violated. This is also related to the French government’s continued efforts to keep a close watch on compliance, with amended rules on compliance checks for posted workers expected to take effect on July 30, 2020, and a package of laws aimed at preventing illegal and unauthorized work in France still under discussion.
  • Coordination of labour laws in European Union. These new rules are part of a wider EU effort to coordinate EU countries’ application of labour rules through the implementation of a European Labour Authority. The European Labour Authority aims to provide better access to information, promote cooperation, and facilitate joint inspections for compliance among EU countries in the fields of labour mobility (including posted workers) and social security.

 

Looking ahead

The Decree will become effective on July 30, 2020. Fragomen will monitor further developments and report on relevant changes as they occur.

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, please contact the global immigration professional with whom you work at Fragomen or send an email to [email protected].

Country / Territory

  • FranceFrance

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Awards

Four Fragomen Attorneys Recognised by The Best Lawyers™ in Australia

Partners Chris Spentzaris and Sasko Markovski, Practice Leader Sarah Tan and Counsel Robert Walsh are recognized by Best Lawyers in Australia for their work in immigration law.

Learn more

Awards

Fragomen Shortlisted Across Multiple Categories in 2026 EMMA Awards

Fragomen is shortlisted across multiple categories in the 2026 EMMA Awards, recognizing innovation and impact in global mobility and immigration services.

Learn more

Video

How to Get Your French Work Visa After Graduation: Job Seeker / Company Creation Permit

Learn how international graduates can stay in France for one year to find work or start a business. Discover eligibility requirements, application steps and transition options for the Job Seeker/New Business Creator permit. 

Learn more

Work authorization

Portugal’s Golden Visa and the Pathway to EU Citizenship

Senior Associate Lara Hannaway outlines the current state of Portugal’s Golden Visa programme, examining how recent policy reforms, proposed changes to nationality rules and ongoing processing delays are reshaping the pathway to long‑term residence and EU citizenship.

Learn more

Media mentions

Mens en Migratie: Behind the Scenes—Recognised Sponsorship

In an article published in Mens en Migratie magazine, Senior Associate Tugba Ozyakup explains how authorized representatives support employers with recognized sponsor status by managing complex immigration processes, particularly for international companies navigating Dutch requirements.

Learn more

Media mentions

Aviation Business News: A Tough Runway to UK Settlement - UK Aviation and the Impact of the Settlement Changes

Manager Adam Hickling outlines how proposed UK settlement reforms may affect the aviation sector’s ability to attract and retain skilled engineers and technicians.

Learn more

Video

Business Travelers into Switzerland | #MobilityMinute

Manager Mihaela Dumitru highlights key considerations for business travelers entering Switzerland, emphasizing that compliance is determined by activities—not duration of stay or entry status.

Learn more

Video

Mexico: Bienvenidos! Immigration Rules for the World Cup in Mexico | #FragomenFC - Ep.17

Partner Rick Lamanna, Senior Associate Jake Paul Minster and Senior Manager Sergio Flores discuss Mexico entry requirements for the 2026 FIFA World Cup, including visa processes, documentation requirements and key considerations for travelers.

Learn more

Video

Brazil Offshore Visa: Key Requirements Explained

Partner Diana Quintas highlights Brazil’s offshore visa requirements, including eligibility, application steps and key compliance considerations for assignments over 90 days.

Learn more

Media mentions

EB-5 Investors: Silicon Valley emerges as EB-5 hotspot for H-1B and F-1 visas

Senior Counsel Mitch Wexler discusses why EB-5 is becoming a popular option for H-1B and F-1 visa holders in Silicon Valley navigating multiple pathways to permanent residence.

Learn more

Media mentions

EB-5 Essentials: EB-5 for Africa and MENA: Processing Timelines, Travel Bans, and the 2026 Deadline

Partner Isha Atassi and Director Nofisatu Mojidi discuss key considerations for investors from Africa and the Middle East in the EB-5 program.

Learn more

Work authorization

German Offshore Wind Expansion: Compliance Essentials for Third-Country Nationals

Senior Manager Katharina Vorländer examines how Germany’s strictly territorial migration and employment laws impact the deployment of third‑country nationals in offshore wind projects, highlighting compliance risks arising from maritime zone boundaries, work authorization limits and Schengen documentation challenges.

Learn more

Awards

Four Fragomen Attorneys Recognised by The Best Lawyers™ in Australia

Partners Chris Spentzaris and Sasko Markovski, Practice Leader Sarah Tan and Counsel Robert Walsh are recognized by Best Lawyers in Australia for their work in immigration law.

Learn more

Awards

Fragomen Shortlisted Across Multiple Categories in 2026 EMMA Awards

Fragomen is shortlisted across multiple categories in the 2026 EMMA Awards, recognizing innovation and impact in global mobility and immigration services.

Learn more

Video

How to Get Your French Work Visa After Graduation: Job Seeker / Company Creation Permit

Learn how international graduates can stay in France for one year to find work or start a business. Discover eligibility requirements, application steps and transition options for the Job Seeker/New Business Creator permit. 

Learn more

Work authorization

Portugal’s Golden Visa and the Pathway to EU Citizenship

Senior Associate Lara Hannaway outlines the current state of Portugal’s Golden Visa programme, examining how recent policy reforms, proposed changes to nationality rules and ongoing processing delays are reshaping the pathway to long‑term residence and EU citizenship.

Learn more

Media mentions

Mens en Migratie: Behind the Scenes—Recognised Sponsorship

In an article published in Mens en Migratie magazine, Senior Associate Tugba Ozyakup explains how authorized representatives support employers with recognized sponsor status by managing complex immigration processes, particularly for international companies navigating Dutch requirements.

Learn more

Media mentions

Aviation Business News: A Tough Runway to UK Settlement - UK Aviation and the Impact of the Settlement Changes

Manager Adam Hickling outlines how proposed UK settlement reforms may affect the aviation sector’s ability to attract and retain skilled engineers and technicians.

Learn more

Video

Business Travelers into Switzerland | #MobilityMinute

Manager Mihaela Dumitru highlights key considerations for business travelers entering Switzerland, emphasizing that compliance is determined by activities—not duration of stay or entry status.

Learn more

Video

Mexico: Bienvenidos! Immigration Rules for the World Cup in Mexico | #FragomenFC - Ep.17

Partner Rick Lamanna, Senior Associate Jake Paul Minster and Senior Manager Sergio Flores discuss Mexico entry requirements for the 2026 FIFA World Cup, including visa processes, documentation requirements and key considerations for travelers.

Learn more

Video

Brazil Offshore Visa: Key Requirements Explained

Partner Diana Quintas highlights Brazil’s offshore visa requirements, including eligibility, application steps and key compliance considerations for assignments over 90 days.

Learn more

Media mentions

EB-5 Investors: Silicon Valley emerges as EB-5 hotspot for H-1B and F-1 visas

Senior Counsel Mitch Wexler discusses why EB-5 is becoming a popular option for H-1B and F-1 visa holders in Silicon Valley navigating multiple pathways to permanent residence.

Learn more

Media mentions

EB-5 Essentials: EB-5 for Africa and MENA: Processing Timelines, Travel Bans, and the 2026 Deadline

Partner Isha Atassi and Director Nofisatu Mojidi discuss key considerations for investors from Africa and the Middle East in the EB-5 program.

Learn more

Work authorization

German Offshore Wind Expansion: Compliance Essentials for Third-Country Nationals

Senior Manager Katharina Vorländer examines how Germany’s strictly territorial migration and employment laws impact the deployment of third‑country nationals in offshore wind projects, highlighting compliance risks arising from maritime zone boundaries, work authorization limits and Schengen documentation challenges.

Learn more

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • Twitter

© 2026 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.