(a) In the case of secondment for an operation on behalf of the employer, in the absence of an agreement between the employer abroad and the beneficiary of services in France, the employer is no longer required to declare the secondment and write the letter of appointment of a representative (Article L1262-2-1 amended from the French labour code) – z.B , in situations such as meetings, monitoring of production , visits to find new markets, etc. This exemption will apply from September 7, 2018. The French law on the choice of the professional future contains certain provisions relating to secondments.1 The new law aims to promote the fight against illegal work and increase penalties for illegal detachments in France. 1. Exemptions for statements to the detachment and letters from the representative of the foreign company. Accommodations are approved for one year, provided the employer respects the legality and conditions of the assignment. The authorization may be renewable. (An implementing decree determines the nature of possible adaptations.) 2 The representative is a person based in France, who works mostly in the human resources department of a company based in France. The representative must be able to communicate with the French administration and, upon request, provide documents concerning the beneficiary of the transfer and the agent. He is appointed for the duration of the detachments.
This report deals with new rules in France that attest to increased control of detachments in France by the authorities. In order to eradicate fraud and unreported work, the French authorities are strengthening the control of detachments in France. Stricter rules and heavier administration are now in place and tougher penalties will be imposed on employers and their workers who do not comply with the rules. However, there is some relief in the form of exceptions and exceptions on a case-by-case basis. 2. A company that regularly transfers employees to France may ask the French administration to adapt the two mandatory obligations to a declaration prior to the secondment and to the letter of a representative (new article L1263-8 of the French labour code). b) In case of short detachment or specific activities during the secondment (for example. B sport, cultural activity, participation in fairs), the two mandatory obligations mentioned above are no longer necessary (new article L1262-6 of the French labour code).
(Fidal`s experts are waiting for a request text that determines the activities and duration of the activities involved. We do not know at this stage how long a “short” delegation will last.) Fines imposed on the employer or beneficiary are doubled if there is no preliminary decision or letter of appointment of a representative. The fine is 4,000 euros per employee. For repeat offenders over a two-year period, the amount is EUR 8,000 per employee (before the new law, it was “within one year”). Other measures are planned, such as the publication of the employer`s conviction on a given website (for a period of one year). Both of these obligations are mandatory for EU and non-EUROPEAN nationals, regardless of the applicable work permit and residence rules for non-EU nationals. In addition, it proposes adaptations of employers` obligations. To clarify matters, an employer who employs an employee in France for a limited time has two obligations: otherwise, click here for more information. For the text and status of the law on the Senate website, click here. We have seen a growing trend for Polish and foreign institutions to send staff to work internationally.