OUR MISSION AS A LEGAL REPRESENTATIVE OF YOUR COMPANY
OUR MISSION AS A LEGAL REPRESENTATIVE OF YOUR COMPANY
- We advise you on the labour law and the social protection applied in the posting country in order to prevent any infraction.
- We provide you with legal and social support in:
- Completion of the prior declaration of posting.
- Creation of the SIPSI account
- Verifying the conformity of the posting file
- Issuing the certificate of representation
- We ensure the connection with the control services of the host country (labour inspectorate, (DIRRECCTE) Regional Department of Enterprise, Competition, Consumer Affairs, Labour and Employment), police, taxes and customs)
- We keep the mandatory documents for the duration of the posting of your workers such as: proof of business relations between the client and the host country as well as all administrative documents of each of the posted workers: a copy of the identity document, the work contract, the portable A1 social security document, etc….
- We provide you with on-site assistance in case of administrative control (URSSAF, the labour inspectorate, the National Police, national armed police)
- We provide you with judicial support in case of any litigation during the posting.
- We present to the administrative authorities of the host country all documents requested such as payment certificates of social security contributions, payslips, etc.
POSTING WORKERS to FRANCE
France is strict in terms of posting. It will ensure that your company is carrying out significant activity in the country where you are located before sending workers on posting to France. Moreover, the relevant authorities will claim that the nature of the mission remains temporary. Otherwise, you must settle down in France if your activities would become regular nature.
In the context of posting worker to France, there are preliminary steps to be taken. These include prior declaration of posting or the SIPSI declaration. Indeed, before posting workers in France, you have to fill and send the SIPSI form to the Labour Inspectorate of the place of posting by dematerialized means (electronic way …).
During the period of posting, you must comply with the rules and labour laws in place in France for the treatment of your posted workers, such as: remuneration, professional equity and working conditions.
However, the provisions on the conclusion and termination of employment contracts, training and insurance are not applicable to your posted workers to France. Regarding these points, your staff is subject to the legislation of the company of your country.
Note also that all the terms of the employment contract previously concluded between you and your employee subsist throughout the posting period.
For more details :
https://travail-emploi.gouv.fr/droit-du-travail/detachement-des-salaries/
https://www.vie-publique.fr/parole-dexpert/21975-le-travail-detache-en-france-et-dans-lunion-europeenne
Atlanco Management Limited, your Legal Representative
POSTING TO LUXEMBOURG
For posting workers in Luxembourg, the initial work contract between your company and your posted worker must imperatively be kept. Thus, the terms, agreements and obligations related to this contract hardly change. Besides, the posted worker remains affiliated to the social security regime where your enterprise is based.
You also have to confirm the posting of your workers to Luxembourg by establishing a service presentation agreement (contract) with a company or a client at the place of mission.
Please Note: Self-employed workers and maritime companies are not concerned by the measures and terms on assignment to Luxembourg.
OBLIGATION OF VIGILANCE DUTY DURING POSTING IN LUXEMBOURG:
Prior to posting a worker to Luxembourg, your enterprise must first:
- Check that your employees are not subjected to a restriction on entry into Luxembourg territory.
- Certify to Luxembourg authorities that your employees are covered by a social security regime.
During the posting, you must:
- Declare the posted workers to the Inspectorate of Labour and at the beginning of the mission in Luxembourg territory.
- Comply with the labour codes as well as the current legislation regarding taxes on the income of posted workers.
Obviously, in order to post employees to Luxembourg, you and your employees do not have to be permanent residents of this country. Nevertheless, your enterprise is compelled to appoint a legal representative in Luxembourg Territory.
For more details :
https://guichet.public.lu/fr/entreprises/ressources-humaines/mobilite/detachement.html
https://www.csl.lu/fr/vos-droits/droit-du-travail/le-detachement-des-salaries
Atlanco Management Limited, your Legal Representative
POSTING WORKERS TO IRELAND
As a member of the European Union, Ireland is subject to the Union’s collective provisions on posting workers.
However, there are particularities within the framework of posting depending on the country where your enterprise is registered for tax purposes.
If your enterprise is located in France, your posted worker to Ireland will be subject to the Irish social protection scheme. In addition, they can also join the voluntary “expatriate” insurance with the Mutual Fund for French abroad. However, please, note that your employees are not exempt from existing insurance policies in France.