New Order Sets Exemptions for Posted Worker Notifications
June 25, 2019
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At a Glance
An Order implements new exemptions from the requirement for employers to submit posted worker notifications for short-term provision of services/assignments or temporary events in France. The order targets the below main occupations:
- artists;
- athletes;
- apprentices on temporary assignment in a company in France; and
- professionals attending seminars, conferences, scientific events or professors/researchers conducting occasional lectures.
This will save time, costs and resources associated with the notification requirement during the work authorization process.
The situation
The French Minister of Labor published an Order that establishes exemptions from the posted worker notification requirement for employers posting foreign nationals in France. The Order is effective immediately.
A closer look
The below is a summary of the key points of the Order:
- List of the activities falling under the exemption. The Order lists four occupations that are eligible for the exemption:
- Artists in the fields of live performance, film production and audiovisual publishing and phonographic publishing (this excludes assembly or dismantling activities or temporary installations for catering, transport, surveillance and security of sites);
- Athletes, referees, members of sports coaching teams, official delegates associated with the practice or organization in sporting events (this excludes assembly or dismantling activities or temporary installations for catering, transport, surveillance and security of sites);
- Apprentices on temporary assignment in a company in France as part of their theoretical or practical training (apprentices must have signed an agreement with the company and the training institute; other rules apply for those without such an agreement to qualify for the exemption); and
- Attendees of conferences, seminars and scientific events and those professors/researchers conducting occasional lectures.
- Calculating stay period in France. The Order establishes two rules to track the duration of stay in France to qualify for the exemption:
- For artists and athletes, the maximum duration of the provision of services or the employee's presence in France is 90 days in a consecutive 12-month period;
- For apprentices and attendees of a conference/seminar and visiting professors/researchers, the maximum duration of stay cannot exceed 12 consecutive months.
Impact
The Order waives the obligation for the employer to submit a posted worker notification for the eligible workers above. This will save time, costs and resources during the work authorization process.
Background
The Order implemented a law passed in September 2018. The Order is part of a government policy to reduce employers’ obligations related to posted worker declarations for stays not exceeding 90 days in France. Another recently-announced Decree implements other rules that will require employers to provide more information on the online posted worker notification form and will implement stricter penalties for employers that do not comply with posted worker rules.
Looking ahead
Another Decree related to this law is expected to be implemented by the end of 2019 that will simplify employers’ obligations to submit posted worker notifications and that will grant companies seconding employees to France regularly certain relaxed rules related to posted worker declarations.
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].
