COMPANY OBLIGATIONS
Does your company want to post workers to another European Country or does your company receive posted workers?
In both cases, you have obligations to fulfil!
POSTING WORKERS?
It is part of your obligations to:
- Take all the prior administrative steps necessary for the posting of your employees.
- Appoint a representative of your company in the host country.
- Keep the documents regarding the posted workers such as their work permit or payslips, at the workplace and presenting them to the labour inspectorate of the host country upon request
- Certify that your employees are affiliated to the social security regime in their country of habitual residence or in the host country according to the relevant agreements between the two countries.
- Guarantee your posted workers an adequate and regulatory working condition during the posting.
- Certify that the wage level of the posted worker is in adequacy with the labour code of the host country (payslip or an equivalent document as proof of remuneration and effective payment).
- Set up medical monitoring.
- Implement all preventive measures, training and information related to the safety of your employees.
- Make a declaration of work-related-accident in case of an accident, if the host company failed to do so.
Need assistance with your postings?
RECEIVING POSTED WORKERS?
As a hosting company for posted workers, you must check the regularity of the enterprise posting. To fulfil this obligation of vigilance, you are required to:
- Verify that the employer has fulfilled its posting obligations and that a representative has been appointed. If this is not the case, you have to declare this within 48 hours ender penalty of sanction.
- Ask the employer of the posted workers for a statement of his or her honor certifying that he or she has paid the administrative fines related to the posting.
- Keep the necessary documents about the posting: acknowledgement receipt of the posting declaration, list of posted workers, etc.
- Ensure that the employer of the posted worker complies with the main French social regulations in terms of labour law: and in case of an illegal situation being detected or failure to fulfil an obligation, ensure the employer of the posted workers takes immediate measures to regulate the situation.
- Provide the posted workers with the document explaining the regulatory information of the labour in their own language.
- Attach posting declarations to his or her unique personal register.
- Submit its social balance sheet showing the number of posted workers received to the labour inspectorate.
- Make a declaration to the labour inspectorate, in case of a work accident.
When posting workers, the responsibility is both cohesive and united between the sending company and the employer receiving them in the host country. Thus, in case of failure to comply with the rules, both parties are subject to sanctions, administrative or even penal fines.