New provisions set for posted workers

IMPACT – MEDIUM

What is the change? France has published a decree that sets exemptions for declaration of posting and further amends the posting process.

• Effective date: July 1.
• Who is affected: Posted workers.
• Business impact: The change will benefit employees coming to France to attend professional meetings as they will no longer have to submit a posted worker declaration.

New provisions:

• Exemptions. The following individuals are no longer required to submit a posted worker declaration:
  • Cinema, music and TV professionals for a period or periods totaling up to 90 days over 12 consecutive months.
  • Sport professionals for a period or periods totaling up to 90 days over 12 consecutive months.
  • Apprentices within the frame of their specific training within a maximum period of 12 consecutive months.
  • Workers coming to France to participate in seminars, conferences, scientific events or teaching activities within a maximum period of 12 consecutive months.
• Declaration letters. Starting July 1, the representative’s appointment will be included in the regular online filing process—rather than through a formal letter—and it will be valid for the duration of his or her time in France.
• Online filing. Applicants must now include their gross hourly wage that is applicable during secondment instead of their gross monthly wage during the online filing.

Analysis & Comments: Employees posted to France to host or attend fairs, trade shows, conferences and seminars are exempted from the declaration of posting process. However, employees posted to France as part of services provided by their foreign employer, as well as employees posted to France in a company which is a part of the group employing them remain subject to the prior declaration of posting, including for short assignment periods.

Source: Deloitte LLP. Deloitte LLP is a limited liability partnership registered in England and Wales with registered number OC303675 and its registered office at 1 New Street Square, London EC4A 3HQ, United Kingdom.