France – New Declaration of Secondment Requirements

What has changed

The French Ministry of Labor has updated the requirements for the required declaration of secondment, making them much more detailed. All foreign employers who post employees in France are required to submit one of these declarations of secondment to French Labor authorities prior to the employees’ assignments/secondments. Additionally, beginning October 1, 2016, all declarations should be filed online.

Who is affected?

  • All foreign companies that temporarily second employees to France. This change concerns any kind of posting/secondment: services agreements, intra-group transfers, own-account services agreements, or temporary work/secondments via a temporary work agency.

What to expect

New templates for a declaration of secondment have been available for download from the website of the French Ministry of Labor since June 15, 2016.Currently, the declarations maybe submitted by post, fax, email, or online. However, beginning October 1, 2016, declarations should only be filed online.

If a foreign employer does not submit a declaration of secondment,it may be liable for a fine of up to 2,000 euros per seconded assignee (4,000 euros in case of a repeat offense), the total amount of the fine not to exceed 500,000 euros. The customer or project owner may be liable for the same fine if they fail to hold a copy of the declaration.

What you need to do
Planning ahead

  • Foreign companies sending employees to France need to ensure that they provide all of the requested information when completing the declaration of secondment. Emigra Worldwide can assist with completing the declaration if needed.
  • French companies hosting seconded workers should ensure that they have a copy of the declaration to avoid possible fines.
  • Contact your Emigra Worldwide attorney or representative for further details on how these updates may impact you or your client.

The information above was provided by Emigra Worldwide, our global network partners, and relevant government authorities. The information herein is for general purposes only and not intended as advice for a particular matter. If you have any questions, please do not hesitate to contact the global immigration professional with whom you work.