The law aimed at combating unfair social competition has established new obligations for both employers who post staff and the contracting entities. The decree of March 30th specifies these obligations, the procedures for their implementation, and the penalties for non-compliance.
I. Obligation to make a prior declaration to the labor inspectorate
The decree specifies the obligations now incumbent upon employers established outside France who post employees to France with regard to:
- prior declaration of this secondment;
- appointment of a representative in France;
- retention of documents to be presented in the event of an inspection.
Similarly, the procedures for establishing the liability of the contracting party in the event of a failure to comply with the obligation to submit a prior declaration or to appoint a representative, as well as the applicable penalties, are set out in this new text.
The conditions under which copies of posting declarations are to be appended to the single personnel register of the company hosting the posted employees are determined by the decree.
II. Duty of vigilance
The law established a duty of care for project owners and clients regarding accommodation and the application of social legislation. The decree specifies the conditions for implementing this duty of care and the responsibilities of project owners and clients towards subcontractors and co-contractors.
III. Legal action by trade unions
The power of trade unions to take legal action has been extended by the effect of the law aimed at combating unfair social competition. Unions can now act in favor of employees even in the absence of a mandate on their part. To this end, the decree specifies the procedures for informing employees by the trade unions.
