SECONDMENT AND SUBCONTRACTORS: OUR MISSIONS

OUR ACTIVITIES AS PART OF OUR MISSION AS LEGAL REPRESENTATIVE

BEFORE SECONDMENT:

  • French labor law advice
  • Assistance: Online declaration through SIPSI in France, prior posting declaration forms, or posting certificate in France, Italy, Germany, Poland, and Belgium.
  • Translation for documents to be presented to the various administrative authorities on request.
  • Verification of compliance of the secondment file which must include:
    • Document of existence of the posting company (equivalent French KBIS)
    • A proof of the commercial links between the company established in France and the foreign company
    • A copy of the last payment slip of social contributions
    • A copy of the employee’s passport or identity document and a work permit application (for states outside the European Union)
    • An employee’s CV if the activity is subject to specific regulatory conditions (or other proof of qualification: diploma, title, etc.)
    • Certificate A1 of social security issued by the country of origin
    • Issuance of the attestation of representation

DURING AND AFTER SECONDMENT :

  • Establishment of Connection in France: with labor inspectors, DIRECCTE, police and gendarmerie services, taxes, and customs
  • Document Preservation: made available to administrative authorities during and after the secondment.
  • Legal Assistance: pre-contentious and contentious

REGULATORY REFERENCES : Labour Code articles R 1263-1, R 1263-2, R 1263-2-1

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NOS ACTIVITÉS DANS LE CADRE DE L'OBLIGATION DE VIGILANCE

  • Identification of all contractors and subcontractors throughout the operation covered by the mission.
  • Verification of the situation of each identified company, whether French or foreign.
  • Presentation of the results of verifications and situations in « warning » format through a dashboard available on our internet application and summary reports.
  • Issuance of email alerts in case of illegal situation detected, followed by a detailed report.
  • Our mission also includes, as needed:
    • Assistance during inspections by DIRECCTE
    • Implementation of obligations regarding French labor law regulations in foreign languages through posting on 1st category BTP construction sites employing posted workers
    • Delivery to posted workers in their language of a document containing regulatory information on labor law
    • Assistance with the reporting of workplace accidents to social security organizations (posted worker)

Assistance, if necessary, with pre-contentious and contentious matters with DIRECCTE following identified shortcomings or offenses subject to administrative fines.

REGULATORY REFERENCES

Labour Code article L8222-1, L8254-4, L1264-1

Decree 2017-825 of May 5, 2017 and order of July 12, 2017

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