Updated Posted Worker Notification System Available
July 25, 2019
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At a Glance
- The online posted worker notification system in France has been updated to streamline the process for employers and comply with new rules.
- The new employer declaration is now valid for six months. For assignments longer than six months, employers must modify the declaration before the initial six-month period ends.
- Employers must now declare the gross salary per hour and ensure they comply with gender salary equality rules and requirements to pay seconded and French employees equal salaries.
The situation
The updates to the online posted worker notification system in France have now been finalized and the new system is open for use after it was closed for updates.
A closer look
- New rules. The website update incorporates new rules relating to posted workers that went into effect on July 1, 2019.
- Shorter declaration validity. The employer declaration on the online form is now valid for six months, whereas it was previously valid for the full duration of the assignment in France.
Impact for employers
- Declaration renewal required after six months. Employers will need to record the exact end date of all assignments. For assignments which are over six months, they must ensure they extend the declaration before the previous posted worker notification expires. Otherwise, the employer will need to file a new posted worker notification.
- New information on declaration. Employers must provide additional details relating to gross salary per hour and gender and ensure they comply with the salary stated on the online posted worker form. They should also ensure compliance with gender salary equality rules and requirements to pay seconded and French employees equal salaries. Previously, the requirements concerning equal pay were in force but not enforced, whereas going forward they will officially be scrutinized.
- Stricter penalties. Employers that do not comply with the new posted worker rules may face suspension of services or even closures of their facilities and construction sites, a significant expansion of authority from the previous situation.
Background
- French trends. The changes are part of a broader government policy to reduce differences in employment conditions, prevent illegal and unauthorized work in France and streamline the process for employers.
- Workers’ rights expansions. Concerns relating to differential employment conditions are ongoing across the region and have led to a number of countries imposing stricter controls on posted workers. For example, the Netherlands will introduce additional employment protections for posted works on long term assignments in 2020. Greece introduced a new notification requirement for posted workers earlier this year.
Looking ahead
If skilled labor in France remains in demand, employers will increasingly rely on foreign workers to fill the gap, which may result in more streamlined processes. However, with the predicted increase in foreign workers in France, employers will need to ensure they continue to treat European migrants and French workers equally to address the strong concern surrounding posted workers' rights in the region.
Failure to do so will likely result in further amendments and restrictions to posted worker legislation to better protect workers, in which case employers should expect authorities to scrutinize declarations closely and to impose strict penalties for noncompliance.
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].
