SECONDED WORKER AND LEGISLATION

SECONDED WORKER, DEFINITION

The European directive on the secondment of workers (1996) defines a seconded worker as « any worker who, for a limited period, carries out his work in the territory of a Member State other than the State in which he usually works ». 

The text provides for several cases of « transnational » work:

  • Provision of services: industrial, commercial, craft, liberal or agricultural activity.
  • Intra-group mobility: provision of staff between companies in the same group for a mission or training
  • Provision of temporary workers: a temporary work company can send employees to a company in France for occasional assignments
  • Operation for own account (self service): a company established abroad, can temporarily post its employees in France for occasional missions
  • land-based rolling transport activities are covered by posting rules. However, certain specific measures are applied to this sector of activity (compulsory posting certificate).

E-secondment represents you in the European Union.

An online service to allow companies to manage their seconded staff in the European Union.

discover the online service

OUR ACTIVITIES WITHIN THE FRAMEWORK OF THE DUTY OF CARE

The working conditions of posted workers must comply with the legislation of the host country:

  • Working conditions must be the same as for other non posted employees: minimum wage (if any), duration of paid leave, maximum periods of work, safety conditions, etc.
  •  Employers’ social contributions are due in the countries of origin of the posted worker. 
  • Remuneration must include increases related to the payment of overtime. 
  • accommodation costs are borne by the employer
  • Germany
  • Austria
  • Denmark
  • Finland
  • France
  • Ireland
  • Italy
  • Latvia
  • Malta
  • Netherlands
  • Poland
  • Slovakia
  • United Kingdom
  • Belgium
  • Bulgaria
  • Cyprus
  • Croatia
  • Spain
  • Estonia
  • Greece
  • Hungary
  • Lithuania
  • Luxembourg
  • Portugal
  • Czech Republic
  • Romania
  • Slovenia
  • Sweden

The legislation in Denmark

https://workplacedenmark.dk/en/

Legislation in France

During the duration of detachment of its employees in France, the employer is subject to French rules, especially regarding minimum wage, as well as the duration of paid leave, maximum working periods, working conditions, and more.
For employers established outside the European Union or whose employees are nationals of a non-European Union country, they must obtain authorizations to work in France (or specific permits). The duration of detachment must not exceed 24 months. Beyond this period, a specific agreement is necessary for detached workers.
We accompany you throughout your detachment, from its preliminary phase to its completion.

Before the start of detachment in France
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  • Contact to inform you of the steps to be taken for the temporary detachment of foreign workers in France
  • Analysis of documents from Article R 1263-1 of the Labor Code
  • Assistance in the preparation of the prior declaration for detachment on the SIPSI platform
  • Translation of documents into French in accordance with Article R 1263-2 of the Labor Code
  • Compliance report of documents
  • Creation of a private space for you to log in to our site, access your documents, and our practical sheets

During the duration of detachment in France
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  • Representation of the company in accordance with Article R 1263-2-1 of the Labor Code
  • On-site visits in case of appointments between control agents and the representative in France
  • Monitoring of document compliance (pay slips, time sheets, etc.)
  • Update of your personal file on your private space

Posted work in France:
After Germany, France is one of the countries most affected by posted work within the European Union. In 2016, more than 350,000 posted employees worked in French territory, an increase of nearly 24% compared to 2015, according to the Ministry of Labor. These workers mainly come from Spain, Portugal, Germany, Poland, or Romania.
France also ranks third among European countries that post the most workers abroad.
The construction sector represented 18% of the total posted and temporary workers in 2016, reaching 22%.

2.4 million euros in fines in 2016:
Posted work led to numerous inspections by the administration, explains the DGT. "15,960 interventions were carried out by labor inspection in 2016. 453 fines were imposed for an amount of 2.4 million euros. Nine prefectural closure orders or activity stoppages were recorded in 2016 to penalize fraud in posted work related to illegal work, and sixteen service suspension orders were pronounced by the Direccte during the same period."
according to: http://www.batiactu.com/edito/travail-detache-hausse-2016-51231.php

+ More info on: http://travail-emploi.gouv.fr/droit-du-travail/detachement-des-salaries-et-lutte-contre-la-fraude-au-detachement/article/le-detachement-temporaire-en-france-d-un-salarie-d-une-entreprise-etrangere

The legislation in Ireland

https://www.workplacerelations.ie/en/

The legislation in Latvia

http://www.lm.gov.lv/text/3413

The legislation in the United Kingdom

https://www.gov.uk/working-abroad/posted-workers

The legislation in Bulgaria

http://www.gli.government.bg/en/page.php?c=57

The legislation in Croatia

http://www.mrms.hr/posting/posted-workers/

The legislation in Hungary

http://ommf.gov.hu/index.php?akt_menu=547

The legislation in Lithuania

https://www.vdi.lt/Forms/Tema.aspx?Tema_ID=50

The legislation in the Czech Republic

http://www.suip.cz/francais-documents/

The legislation in Slovenia

http://www.napotenidelavci.si/en/