Are you a company not established in France and wishing to send one or more of your employees to provide a service in France ?
- Are you an employee of a company not established in France who is about to carry out a mission in France on behalf of your employer ?
If you are, the French regime on posting of employees concerns you.
Companies established outside France may temporarily post their employees in France. When doing so, they must comply with a number of compulsory conditions and formalities, and apply the provisions of French labour law in a number of areas to the employees they post.
The rules presented in this summary only concern the definitions, conditions and formalities of posting provided for by labour law. Other rules and formalities exist, including in legislation applicable to posted workers’ social security.
The posting regime : conditions and formalities to comply with
The Labour Code provides guarantees and rights for the employer and posted employee(s) alike, provided that the prerequisite conditions and formalities are complied with.
Conditions to fulfil (…)
1. To be regularly established in the State of origin and carry out substantial activities there other than those arising only from internal and/or administrative management.
2. To comply with one of the regime’s four permissible cases for posting employees :
- Execution of a service provision contract ;
- Intra-company or intra-group mobility (transnational loaning of staff on a not-for-profit basis) ;
- Execution of an employee placement contract between a foreign temporary employment company and a user company in France ;
- Since September 7th 2018, apply date of the law n° n°2018-771 dated September 5th 2018, the posting of workers for the own account of the employer is now exempt of the main administrative formalities.
Conditions to be fulfilled by the employee (if conditions concerning the employer have been complied with)
- To be employed by a regularly established employer exercising its activity outside France ;
- To work habitually for such employer, carrying out his/her work at its request on French territory under the conditions defined in Articles L.1262-1 and L.1262-2 of the Labour Code ;
- To carry out his/her work in France on a temporary basis ;
- To not have been recruited for the sole purpose of being sent to France.
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