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Do’s & Don’ts | This month: Considering Secondment to France

Published on : 06/11/2019 06 November Nov 11 2019
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Newsletter / Do’s and Dont’s

A look at the major pitfalls in French Labor and Business law…and how to avoid them

When sending one or more employees to France to work, foreign employers have a multitude of options to consider. One such option is secondment.
 
Under the configuration of a secondment, the employees conserve their original employment contract.
 
The principle is that they are seconded to another country, but keep their same employer and usually remain registered with the social security (health insurance) of the workplace of origin. This social security rule is typically provided for by regional agreements (European directives) or bilateral treaties.
 
Here are some do’s and don’ts to keep in mind when contemplating a secondment to France.
 
Do envisage that secondment is a temporary solution for a predetermined fixed-term duration.
 
Don’t use secondment for a permanent position in France.
 
Do check whether the secondment complies with one of the regime’s permissible cases for seconding employees in France (execution of a service provision contract, intra-group mobility, execution of an employee placement contract between a foreign temporary employment company and a user company in France, secondment for the own account of the employer).
 
Don’t miss out to designate a representative present on French soil.
 
Do keep in mind that if the foreign employment contract remains in place, many mandatory French provisions will apply (e.g. minimum wage, maximum working time, paid leave, health and safety in the workplace, illegal work).
 
Don’t forget to pay the salary on a monthly basis and to issue a payslip translated into French if the secondment lasts more than 1 month
 
For companies established outside the European Economic Area or Switzerland:
 
Do check beforehand if there is a bilateral agreement on social security between the country from which the secondment originates and France.
 
Don’t forget to check in advance that your employee is authorized to reside and work in France. A visa or work permit for non-EU citizens will be necessary and will take some time (several weeks to several months).
 
Flichy Grangé Avocats can assist you with every step necessary to ensure your company’s proper secondment of an employee to France.
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