• 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

Fragomen news

Comment on DHS Proposal to Eliminate the 60-day Grace PeriodLearn more

Fragomen news

Comment on DHS proposal to impose up to $100,000 in Optional Practical Training FeesLearn more

Media mentions

Human Resources Director: Fixed-Term Contract Limits Squeeze Visa Sponsorship, Research Warns

Co-authors Partner Charles Johanes, Senior Counsel Anna Boucher and Allens Partner Tarsha Gavin explore the intersection of Australia’s migration and employment laws and the implications for employers sponsoring temporary visa holders.

Learn more

Media mentions

Prawo: Pracodawca na pierwszej linii: jak reforma zatrudniania cudzoziemców przesuwa odpowiedzialność na firmy

Partner Karolina Schiffter examines how Poland’s proposed foreign employment reforms could increase employers’ administrative and compliance responsibilities.

Learn more

Blog post

Trusted Digital Identity Is Critical Infrastructure for Global Mobility

In the first blog in a new series, Managing Director, Digital Identity Amit Sharma explores why trusted digital identity is becoming increasingly important to global mobility, how reusable digital credentials could work and why interoperability across systems and jurisdictions will be critical.

Learn more

Blog post

UK Global Talent Visa vs Innovator Founder Visa: A Guide for Tech Professionals, Researchers and Founders

Senior Associate Amelia Haynes compares the UK’s Global Talent and Innovator Founder visa routes, examining who each route may suit, the evidence required, professional flexibility and potential pathways to settlement.

Learn more

Blog post

Polish Citizenship by Descent: Finding Family Records and Navigating Polish Archives

Poland Immigration Strategy Director Tomasz Rogala and Senior Associate Tomasz Rdzanek explain how applicants pursuing Polish citizenship by descent can locate family records, navigate archives and obtain documentary evidence that can be used in citizenship proceedings.

Learn more
Generic Insights

Fragomen news

2026年10月 米国移民法ダイジェストLearn more

Awards

Fragomen Recognized in 2027 Best Law Firms® Rankings in the United States

Fragomen has been recognized in the 2027 edition of Best Law Firms®, earning a National Tier 1 ranking in Immigration Law and 16 regional rankings across the United States.

Learn more

Media mentions

Global Underwater Hub: The Specialist Skills Needed to Deliver Future Offshore Projects

Director Kelly Hardman explores how early UK immigration planning and investment in domestic skills can help offshore businesses access the specialist expertise needed to deliver future projects.

Learn more

Media mentions

SHRM: Why ‘Hush Trips’ Can Pose Big Risks for Employers and Workers

Senior Counsel Jo Antoons explains the immigration, social security, insurance, employment law and tax risks that undisclosed international remote work can create for employers.

Learn more

Media mentions

Times of India: Immigration After the Midterms: A New Congress, but Who Holds the Power?

Senior Counsel Mitch Wexler discusses the potential impact of the US midterm elections on immigration policy and the areas where bipartisan support could shape future developments.

Learn more

Fragomen news

Comment on DHS Proposal to Eliminate the 60-day Grace PeriodLearn more

Fragomen news

Comment on DHS proposal to impose up to $100,000 in Optional Practical Training FeesLearn more

Media mentions

Human Resources Director: Fixed-Term Contract Limits Squeeze Visa Sponsorship, Research Warns

Co-authors Partner Charles Johanes, Senior Counsel Anna Boucher and Allens Partner Tarsha Gavin explore the intersection of Australia’s migration and employment laws and the implications for employers sponsoring temporary visa holders.

Learn more

Media mentions

Prawo: Pracodawca na pierwszej linii: jak reforma zatrudniania cudzoziemców przesuwa odpowiedzialność na firmy

Partner Karolina Schiffter examines how Poland’s proposed foreign employment reforms could increase employers’ administrative and compliance responsibilities.

Learn more

Blog post

Trusted Digital Identity Is Critical Infrastructure for Global Mobility

In the first blog in a new series, Managing Director, Digital Identity Amit Sharma explores why trusted digital identity is becoming increasingly important to global mobility, how reusable digital credentials could work and why interoperability across systems and jurisdictions will be critical.

Learn more

Blog post

UK Global Talent Visa vs Innovator Founder Visa: A Guide for Tech Professionals, Researchers and Founders

Senior Associate Amelia Haynes compares the UK’s Global Talent and Innovator Founder visa routes, examining who each route may suit, the evidence required, professional flexibility and potential pathways to settlement.

Learn more

Blog post

Polish Citizenship by Descent: Finding Family Records and Navigating Polish Archives

Poland Immigration Strategy Director Tomasz Rogala and Senior Associate Tomasz Rdzanek explain how applicants pursuing Polish citizenship by descent can locate family records, navigate archives and obtain documentary evidence that can be used in citizenship proceedings.

Learn more
Generic Insights

Fragomen news

2026年10月 米国移民法ダイジェストLearn more

Awards

Fragomen Recognized in 2027 Best Law Firms® Rankings in the United States

Fragomen has been recognized in the 2027 edition of Best Law Firms®, earning a National Tier 1 ranking in Immigration Law and 16 regional rankings across the United States.

Learn more

Media mentions

Global Underwater Hub: The Specialist Skills Needed to Deliver Future Offshore Projects

Director Kelly Hardman explores how early UK immigration planning and investment in domestic skills can help offshore businesses access the specialist expertise needed to deliver future projects.

Learn more

Media mentions

SHRM: Why ‘Hush Trips’ Can Pose Big Risks for Employers and Workers

Senior Counsel Jo Antoons explains the immigration, social security, insurance, employment law and tax risks that undisclosed international remote work can create for employers.

Learn more

Media mentions

Times of India: Immigration After the Midterms: A New Congress, but Who Holds the Power?

Senior Counsel Mitch Wexler discusses the potential impact of the US midterm elections on immigration policy and the areas where bipartisan support could shape future developments.

Learn more
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 InsightsView 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
  • 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
Important Updates
Important Updates
November 10, 2026 | Republic of the PhilippinesPhilippines: Changes to Streamline Alien Employment Permit Processing; But May Delay Applications During Transition Period
November 10, 2026 | CanadaCanada: Rural Communities Program Updates
November 10, 2026 | United StatesComment on DHS Proposal to Eliminate the 60-day Grace Period
November 10, 2026 | IndonesiaIndonesia: Scrutiny Increased for Indonesian Language Training Requirements for Foreign Workers
November 10, 2026 | New ZealandNew Zealand: Eligibility Tightened for Partnership-Based Visas
November 10, 2026 | Republic of the PhilippinesPhilippines: Changes to Streamline Alien Employment Permit Processing; But May Delay Applications During Transition Period
November 10, 2026 | CanadaCanada: Rural Communities Program Updates
November 10, 2026 | United StatesComment on DHS Proposal to Eliminate the 60-day Grace Period
November 10, 2026 | IndonesiaIndonesia: Scrutiny Increased for Indonesian Language Training Requirements for Foreign Workers
November 10, 2026 | New ZealandNew Zealand: Eligibility Tightened for Partnership-Based Visas
November 10, 2026 | Republic of the PhilippinesPhilippines: Changes to Streamline Alien Employment Permit Processing; But May Delay Applications During Transition Period
Subscribe

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
  • TikTok
  • 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.