The law aimed at combating unfair social competition introduced new obligations for both the employer who seconded staff and the client. The decree of March 30, specifies these obligations, the methods of implementation of these and sanctions in the event of non-observance of these rules.
I. Obligation to make a prior declaration to the labor inspectorate
The decree specifies the obligations now incumbent on the employer established outside France posting employees to France in terms of:
- 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 implementing the co-contracting party's liability in the event of a breach of the obligation to make a prior declaration or appoint a representative, as well as the penalties incurred, are set by this new text.
The conditions under which copies of the posting declarations are appended to the single personnel register of the company hosting the posted employees are determined by the decree.
II. Duty of care
The law has created an obligation of vigilance for the contracting authority and the principal in terms of accommodation and in terms of the application of social legislation. The decree specifies the conditions for implementing the obligation of vigilance and the liability of project owners and principals vis-à-vis 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.
