Posting illegal : new responsibilities for building owners

SOCIAL. A decree, entering into force on the 1st July next, endorsed strengthening the responsibility of builders and contractors as to the posting of illegal foreign employees.
A decree of may 5, drafted in application of the law (or law, “El Khomri”), comes to reinforce the responsibility of the masters of works and the contractors in terms of secondment of foreign employees. Entering into force on the 1st July next, it mentions how the masters of the book, before the beginning of any secondment of one or more employees, will have to apply to the foreign company a copy of the declaration of detachment, and this for each link in the chain of subcontracting.


The employer will also be subject to an obligation to display the information on the French regulation of the labour law applicable to the employee on secondment (working time, minimum wages, accommodation, prevention of falls from a height…). These signs must be installed in the local locker room and translated into local languages as appropriate.

Terms and conditions temporary suspension of the detachment


The decree also specifies the terms and conditions of the temporary suspension of provision of service international if the regulatory detachment has not been complied with. This will be as well the prefect of the department to decide on the termination of the activity of the company (including on a different site in the course of the business of the detachment sight) .


By the way, are recorded in the text characteristics of the document information to be delivered to the transferee at the same time as his identification card as a professional, and the obligations of the contractors in terms of the declaration of accident at work of an employee seconded to it.


The administrative sanctions backed by the most of these new obligations amount to eur 2,000 per employee concerned, within a ceiling of 500,000 euros.


To view the text, click here.

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