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. If the secondment exceeds one month, seconded workers must receive a monthly salary and a pay slip translated into French. 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.) (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 applies from September 7, 2018. The secondment allows the worker to maintain the social security benefits of his country of origin during his employment in France. However, full protection can only be obtained by the purchase of insurance for employees mandated in France. The maximum length of secondment and procedures vary depending on the country in which your business is established. 2 Staff from non-EU countries (commonly referred to as “third countries”) must obtain a work visa before the start of the secondment. This requirement may vary depending on the worker`s country of origin and does not apply to EU nationals or citizens.

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. In the event of a two-year re-offending, the amount is 8,000 euros per employee (before the new law, it was “within one year”).3 Detachment of workers is not only a common agreement for current employers, it is often a necessity to compete with the whole world. However, failure to comply with the required formalities may expose the company to fines and other legal risks, whether the employer is faithful to the establishment of the detachment. As a result, as noted above, employers should take steps to plan and prepare for the posting of workers across national borders when deciding whether or not workers should be posted abroad.