Please note changes in SIPSI and French labor law regarding the posting of workers to France and formalities.
WHAT IS CHANGING:
The Decree of March 17, 2023 amends itsą threeto, deleteąpart of this declaration nextęhelloące references (CC, art. R. 1263-3, R. 1263-4 and R. 1263-6):
- the nature of the hazardous equipment or work processes used by posted workers;
- the date of signing the employment contract of each posted employee;
- start and end times of work and rest times and periods of posted workers;
- the conditions under which the employer will cover the costs of travel, meals and, where applicable, accommodation.
Employers will no longer be required to provide this information within the deadline specified in the regulation and no later than July 1, 2023. The changes concern the list of documents that must be kept at the workplace and made available to the labor inspectorate. This applies to employers based abroad who post employees to France, within the meaning of Article R. 1263-1 of the Labor Code. It will apply from the date specified in the regulation and no later than July 1, 2023. The following will no longer appear:
- any document confirming the law applicable to the contract binding the employer and the contractor established or exercising their profession in the territory of the country;
- any document confirming the number of contracts concluded and the amount of turnover achieved by the employer in the country in which it is based and in the territory of the country.
WHAT DOESN'T CHANGE:
The regulation of 17 March 2023 modifies the content of the prior declaration of posting and limits the list of documents that must be kept at the workplace and made available to the labor inspectorate. The effective date of these changes will be specified in the regulation.
Any employer established outside France who intends to post workers to provide a service in France must submit a prior posting declaration. This declaration is sent to the labor inspectorate at the place where the service is provided (see Art. L. 1262-1, R. 1263-1 and R. 1263-3). This declaration must be submitted for each service via the "SIPSI" platform.
Note: This formality applies to contracts for the provision of services, but also to secondments within a company or group, or to temporary work secondments by a company.
Furthermore, Article R. 8115-1 integrates, from March 19, 2023 (the day after the publication of the Decree of March 17), the application of an administrative sanction in the event that the labor inspector finds a violation of the obligation to issue a certificate. The labor inspector may report this violation to DREETS for a decision to impose an administrative pecuniary sanction (Labor Code, Article R. 8115-1).
Note : the sanction for failure to comply with this formality is a maximum of EUR 4,000 per employee within the limit of EUR 500,000.
