New Legislation | In brief: Intra-EU Secondment procedures
Auteur : Flichy Grangé Avocats
Published on :
07/07/2017
07
July
Jul
07
2017
There’s a growing debate in France regarding the intra-European secondment of employees who come to France to work. The subject is a delicate one because it is close to the matter of social dumping. Employees arriving from Central and Eastern Europe are seconded to France to work on projects, often construction sites, and are paid salaries that defy the French competition, leading to complaints of unfair and disloyal competition.
Moreover, this work is not always properly declared to the authorities and may not be properly regulated.
Certain municipalities have taken their own measures to prevent this, for example by imposing clauses Molière, named after the iconic French playwright (the French Shakespeare). These clauses require that employees must speak French if their employer wishes to respond to a call for tenders. The justification is one of safety and compliance with administrative processes and regulations.
However, the validity of such rules is debatable as they might go against European non-discrimination principles.
Secondment rules have been reexamined before the European Commission with various changes being proposed. Employers should keep a close eye on this evolving matter.
History
-
Do’s & Don’ts | This month: The Macron Reforms
Published on : 02/10/2017 02 October Oct 10 2017NewsIt can be tempting to welcome the new reforms by rushing to change company pr...
-
New Legislation | In depth look: What do the reforms say exactly?
Published on : 02/10/2017 02 October Oct 10 2017NewsReform Goal n°1: Greater Flexibility Negotiation in the workplace Curre...
-
New Legislation | In brief: Carrying over leave during sickness
Published on : 02/10/2017 02 October Oct 10 2017NewsThe period during which an employee may postpone leave not taken because of s...
-
Special Edition | The 12 Major Points of the Macron Reform
Published on : 01/09/2017 01 September Sep 09 2017NewsThe President’s reform promises to increase flexibility and reduce risk in Fr...
-
1 minute to get it | Paid leave in France
Published on : 04/08/2017 04 August Aug 08 2017NewsUnderstand in one click the lastest news in employment law
-
Looking forward | The New President’s Reforms
Published on : 07/07/2017 07 July Jul 07 2017NewsEmmanuel Macron was recently elected President of France. In Labour matters,...
-
Recent case law | Recent case law | Signatories and dismissals
Published on : 07/07/2017 07 July Jul 07 2017NewsNotification of dismissal lies with the employer, but he or she is perfectly...
-
New Legislation | In depth look: Company’s internal regulations
Published on : 07/07/2017 07 July Jul 07 2017NewsCompanies with more than 20 employees in France must have internal regulation...
-
New Legislation | In brief: Intra-EU Secondment procedures
Published on : 07/07/2017 07 July Jul 07 2017NewsThere’s a growing debate in France regarding the intra-European secondment of...
-
New Legislation | In brief: Change of tax rules postponed to 2019
Published on : 07/07/2017 07 July Jul 07 2017NewsThe proposed change in the system towards a withholding of income tax at the...