The final European directive on seconded workers is transposed into French law and will apply as of July 30, 2020
The government has transposed the directive of 28 June 2018 on posted workers as part of a service provision by an order published on 20 February 2019. The French Labor Code provides for a set of matters for which the rules of the home state- legal rules and conventional rules applicable in the branch of activity concerned - must be applied to seconded employees and to' local 'employees.
The order reinforces this set of mandatory rules by providing that the employer of an employee posted to France must guarantee him equal treatment with employees employed by companies in the same branch of activity established in France, and this concerns "Pay" (ie base salary and all other benefits and benefits), and not just "minimum wage". Thus, it will no longer be sufficient to pay posted workers at least the Smic (legal minimum wage) or the conventional minimum wage. It will be necessary to pay the posted employee all the elements of remuneration made obligatory in France by the legal provisions and the agreements of the branch concerned. It is the same in terms of professional expenses (transport, meals, accommodation).
After 12 months of secondment of an employee in France, ie from the 13th month, the employer will be subject to a wider application of the Labor Code. New information rules on temporary work are also planned.
The provisions of the ordinance will come into force on July 30, 2020.
History
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New Legislation | In brief: The government announces its plans for the second half of its term
Published on : 29/07/2019 29 July Jul 07 2019NewsNewsletter / New legislationDoing business in France requires keeping up to speed with the quickly evolvi...
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New Legislation | In brief: Directive on Posted Workers (Secondment)
Published on : 25/04/2019 25 April Apr 04 2019NewsNewsletter / New legislationThe government has transposed the directive of 28 June 2018 on posted workers...
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The final European directive on seconded workers is transposed into French law and will apply as of July 30, 2020
Published on : 18/03/2019 18 March Mar 03 2019NewsNewsletter / New legislationThe government has transposed the directive of 28 June 2018 on posted workers...
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In focus: Macron’s response to the Yellow Vests
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Exceptional “Yellow Vest” Bonus : The law is published !
Published on : 14/12/2018 14 December Dec 12 2018NewsNewsletter / New legislationNewsletter / Looking FowardThe law bearing economic and social emergency measures was enacted on Decemb...
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New Legislation | In depth look: the loi Pacte and its effect on company staff thresholds
Published on : 19/10/2018 19 October Oct 10 2018NewsNewsletter / New legislationAfter reforming French labour law, President Macron’s government speeds ahead...
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New Legislation | In brief: The right to error
Published on : 19/10/2018 19 October Oct 10 2018NewsNewsletter / New legislationThe French government just passed a law that changes the rules for companies...