PRACTICAL SHEET. Two decrees, supplementing the law Workplace of 2016, reinforcing the liability of contractors in the fight against the seconded illegal. They entered into force on July 1, 2017. The point with Sophie Chatagnon, a lawyer specialized in social law at the firm Cornet Vincent Ségurel.
Since 1 July 2017, the responsibilities of the owners in the control of the legality of the work detached, have been considerably strengthened. The result of two decrees from the law Workplace of 2016, published at the beginning of may 2017. What are exactly these texts ? That is what is expected on the part of the contractors ? The answers with Sophie Chatagnon, a lawyer specialized in labour law at the firm Cornet Vincent Ségurel.
Generalization of the liability to the entire subcontracting chain
The principal is now required to verify that the foreign companies posting employees in France, have well fulfilled their obligations in respect of the posting declaration. “To this end, the employer must cause a copy of the declaration of secondment of employees before the beginning of construction work”, explains Sophie Chatagnon. “If the company that detaches employees has not made this declaration, it is up to the developer to make a declaration, called the subsidiary.” It becomes, in fact, liable for obligations of the foreign company.
Contribution of 40 euros
A contribution of 40 euros per employee on secondment shall be paid by the foreign company seconding employees. The employer is required to verify that this payment has been made.
Obligation of reporting accident of labour
“A fine is hereby established for the employer in the event of non-declaration of a work accident within the country where the seat of the company where the employee affected”, explains the lawyer Sophie Chatagnon.
Suspension of site
If a work situation illegal is found, the directors may decide to temporarily close a site in the course of activity, up to a duration of one month. If the construction complained of is completed, it is then possible to suspend another (of the same principal) if an unlawful situation has also been identified.
The Obligations of posting to the sites
“The texts introduce an obligation to display on the sites, translated into the language of posted workers, including the fundamental rights enshrined in the labour law French”, explains Sophie Chatagnon.
If the employer fails to verify one of the points mentioned above, within the one of the stakeholders all along the chain of subcontracting, there is a risk of an administrative sanction. “It is 2,000 euros maximum per person employed, seconded, and up to 4.000 euros in case of recidivism”, explains Sophie Chatagnon. “The fine is capped at 500,000 euros. Moreover, in the case of non-respect of the suspension of the construction site, the fine can go up to 10,000 euros.”
A regulation demanding that irritates developers
According to the Federation of property developers (FPI), the administration is placing too much responsibility on the owners in terms of mastery of the secondment of employees. “The promoters regret the strengthening of their obligations as owners in the event of recourse to posted workers, even though they are in no case to the employers,” argues the REIT. “We wish to remind that the realization of the buildings is the result of a chain of actors ; this are the construction companies that are in the first place those who may be concerned by the recruitment of posted workers. Thus, we call for the respect of the free movement of persons within the european space, in conditions of equity and social justice with the employees of the host country.”