Important: BTP card changes from 1 April 2024 for workers posted in France
In a dynamic regulatory landscape, staying up to date with the latest changes is crucial for businesses, especially in sectors such as construction and public works (BTP).
Significant changes have recently been introduced under Decree 2024-112 of February 15, 2024 and Regulation of February 21, 2024, which were published in the Official Journal. These changes are intended to streamline processes, increase accountability, and ensure compliance within the industry.
Mandatory professional identification for BTP employees
As a reminder, since 2017, BTP employees are required to have a professional identification card issued by CIBTP France. This applies to all employees, including temporary workers, engaged in BTP activities in France or abroad. Failure to comply with this requirement may result in significant administrative penalties for employers. Read more about the BTP card and penalties here. here.
As of 1 April 2024, new regulations affecting posted workers in France will come into force:
🔔 Validity period of the BTP card for employees posted to France by foreign employers, including temporary workers, is extended to five years.
🔔 The card will be active Just during periods of assignment and will be deactivated between assignments.
Increased responsibility of temporary employment agencies
Under the revised regulations, responsibility for ensuring compliance with BTP card requirements shifts from the user company to the temporary agency (or its representative in France) for posted temporary workers. This includes the application and fee payment processes, which were previously handled by the user companies. This change aims to streamline procedures and centralize responsibility in the temporary agency sector.
New information document for posted and temporary workers
Furthermore, employees in France must receive a written document, along with their BTP card, informing them of the relevant French labor law provisions. This document, now updated with a new template pursuant to the decree of February 21, 2024, aims to ensure that posted workers are adequately informed of their rights and obligations under French law. The document must be drafted in a language the employee understands.
Conclusions
These regulatory changes underscore the ongoing commitment to improving transparency, efficiency, and compliance in the BTP sector. By standardizing processes, increasing accountability, and prioritizing employee well-being, these measures aim to foster a more sustainable and compliant environment for all stakeholders involved in BTP operations. Companies operating in this sector must familiarize themselves with these changes to ensure seamless compliance and mitigate potential compliance risks.
If you have any questions about obtaining BTP cards or need assistance in understanding and properly fulfilling this requirement, please contact our office.
