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A new French law covers the posting of workers to cross-border regions

October 2018

A new French law covers the posting of workers to cross-border regions

A new French law on the freedom to choose one’s professional future, adopted on 1 August 2018, introduced a simplified system of administrative procedures for employers located outside France that temporarily post workers to France. This substantial simplification of administrative procedures should in particular encourage the posting of workers within cross-border regions where people live collectively regardless of the national borders that cut across them.

Accordingly, subject to activities that relate solely to internal or administrative management, or those carried out in France in a regular and continuous manner, employers that post one or more workers to provide short-term services or in the context of one-off events, are exempted from the obligations laid down in I and II of Article L1262-2-1 of the Labour Code. In concrete terms, in this scenario, posting by the employer in the context of a contract concluded with the recipient of the service provided or between entities from the same company/group no longer requires the prior sending of a declaration to the work inspectorate of the place where the service is due to be provided, nor the designation of a representative of the company in France responsible for liaising with the relevant supervisory officers for the duration of the service carried out. The list of the activities concerned is still to be stipulated by a decree from the Minister of Labour.

Within cross-border territories, the growth of economic activity has been particularly affected by these administrative requirements, which are often perceived by foreign companies as insurmountable obstacles due to the delays and additional costs they generate, as well as the language barrier, itself a source of delays and costs. Now, with the simplification of common law administrative procedures, it’s another step towards account being taken of the needs linked to economic integration, crucial for the development of cross-border regions.

More info [FR]

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