When a French company hires workers from another country for a temporary assignment in France, it becomes a contractor and must comply with strict labour law obligations. The French administration imposes a duty of vigilance on French contractors, requiring them to ensure that their foreign subcontractors comply with the posting regulations in France. In this way, the contractor acts as a "safety net" for the French authorities.
Failure to comply with these obligations can result in significant penalties. Here is an overview of the responsibilities for the companies concerned.
Posting of Workers: what does it means?
Posting of workers applies to any company that sends employees to carry out a temporary mission in another country while remaining under contract with their original employer and subject to social security contributions in their home country.
In France, this system is strictly regulated to ensure equal treatment between local and posted workers.
The sectors most affected by posting in France include:
Construction
(building sites, industrial subcontracting)
Industry
(maintenance, technical expertise)
Services
(consulting, IT services, events, etc.)
Obligations of the French Contractor
1. Verifying the Posting Declaration
Before the start of the assignment, the foreign employer must declare the posting of its employees via the official SIPSI portal of the French Ministry of Labour. The French contractor is required to verify that this declaration has been duly submitted.
2. Ensuring Compliance with Working Conditions
Posted workers must benefit from the same working conditions and remuneration as French employees in an equivalent position. This includes:
Minimum wage
Working hours and rest periods
Health and safety conditions at work
Trade union rights and applicable collective agreements
3. Ensuring the Appointment of a Representative in France
The foreign company posting workers must appoint a representative in France to liaise with the control authorities (Labour Inspectorate, URSSAF, etc.). The French contractor must ensure that this obligation is met.
4. Keeping Mandatory Documents
The contractor must request and retain a set of supporting documents to ensure compliance with French posting regulations.
Joint liability of the contractor in case of fraud
Suspension of the service or a ban on continuing the activity
Fines of up to €4,000 per worker in violation
What Are the Risks of Non-Compliance?
Failure to comply with posting rules can result in severe penalties, including:
RM Boulanger Supports You in Meeting Your Obligations
Managing posted workers can be complex, and contractors must ensure they comply with all legal requirements. RM Boulanger, an expert in tax and social compliance, assists you in ensuring legal security and avoiding any risk of penalties.
📢 Need support in managing the posting of workers? Contact us for a personalised consultation.
