The heated debate surrounding the so-called “Polish plumber” led to France’s rejection of the Treaty establishing a Constitution for Europe in the referendum held on May 29, 2005. Since then, Directive (EU) 2018/957 of the European Parliament and the Council of June 28, 2018, amending Directive 96/71/EC concerning the posting of workers in the framework of the provision of services, has been in effect in France since July 30, 2020, and establishes the following principles:
- Confirmation of the Principle of Equal Treatment: Equal Pay for Equal Work
Workers posted to France are no longer limited to receiving only the minimum wage (SMIC) or the minimum sectoral collective agreement salary; they now benefit from all mandatory components of remuneration established by French legal provisions or collective agreements applicable to their industry.
- The So-Called “Hard Core” of Regulations
During the period of posting, key regulations such as minimum wage, working hours, and paid leave must be adhered to, following the principle of equal treatment with French employees. In areas covered by this “hard core,” posted workers must benefit from the provisions of extended collective labor agreements applicable to their sector of activity in France.
Employers must reimburse posted employees for business-related expenses, including transport, meals, and accommodation costs, when the worker is required to travel to or from a workplace in France, as mandated by French law or collective agreements.
- Long-Term Posting Status
A long-term posting status has been established for assignments exceeding 12 months, after which the worker is entitled to all rights applicable to domestic employees, except for regulations concerning employment contract formation and termination. This period may be extended for an additional six months if the employer submits a justified declaration to the competent labor inspection authority.
- SIPSI Tele-Declarations
SIPSI tele-declarations enable foreign employers to notify changes to the conditions of worker postings. Neither European regulations nor French law impose a limit (numerus clausus) on the number of tele-declarations per employer.
- What Happens After 13 (or 19) Months of Posting to France?
After this period, the foreign employer must comply with all provisions of French labor law (except those deriving from the home country’s regulations), with the exception of rules concerning employment contract formation, termination, and company pension schemes. In practice, these changes may have limited impact, as the “hard core” regulations are already comprehensive. For example, posted workers gain the right to participate in and stand as candidates in professional elections within the host company, provided they meet the one-year seniority requirement.
- Where Are Social Contributions Paid for Long-Term Posted Workers?
The 12-month posting threshold does not affect social security regulations, meaning that posted employees remain subject to the social security system of their home country.