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1) Posting declaration in France

The posting declaration in France is mandatory and must be submitted before the start date of the service in France (and no later than within 48 hours from the beginning of the posting).

This obligation applies even to very short assignments (from the very first day).

In the event of any change during the assignment (location, duration, applicable hourly rate, representative), the posting declaration must be updated as soon as possible.

2) Compliance with local employment law

Even though the posted employee remains under their original employment contract, where the initial duration of the posting does not exceed 12 months, the employer automatically benefits from the application of the “core provisions” (hard core rules) instead of the full set of statutory and collectively agreed employment conditions.

These core provisions include:

  • Individual and collective freedoms
  • Non-discrimination and gender equality in the workplace
  • Protection of maternity, maternity and paternity leave, childcare leave, and family-related leave
  • Conditions for secondment and guarantees applicable to employees of temporary work agencies
  • The right to strike
  • Working time, compensatory rest, public holidays, paid annual leave, and working time rules for young workers, including night work
  • Conditions for affiliation to paid leave and bad weather funds (where applicable)
  • Remuneration within the meaning of Article L.3221-3, including salary payment (and overtime premiums)
  • Health and safety at work, minimum working age, and child labour regulations
  • Illegal work
  • Reimbursement of professional expenses incurred by the posted worker in the course of their assignment (transport, meals, accommodation)

3) Insurance and Social Protection obligations

  • A1 certificate (issued in the country of origin)
  • Responsibility for on-site safety lies with your client
  • However, you must inform and train your employees on risks related to their assignment

4) Local representation for a posting in France

A local representative in France must be appointed. Their role is to liaise with the labour inspectorate and provide any documents or information requested following an inspection.

This person must be based in France for the entire duration of the posting and must be French-speaking.

5) Documents and information to retain for a posting in France

  • Keep the original employment contract
  • Keep the posting declaration and its acknowledgement of receipt
  • Keep the A1 certificate
  • Keep timesheets
  • Keep payslips (proof of salary payment)
  • Keep proof of expense reimbursements (incurred locally)

6) Summary of requirements for a posting in France

ObligationsApplicable?Comments
Posting declarationBefore the start of the assignment and no later than within 48 hours from the beginning of the posting
Update of the posting declarationAs soon as possible
A1 certificateIssued from the country of origin (employment contract)
Legal representativeBased in France, French-speaking
Compliance with employment lawCore provisions of French labour law (assignment < 12 months)
Document retentionDuring the assignment and up to 5 years after the end of the posting