Your immigration expert for posted workers in France
Are you a foreign company sending posted workers to provide services in France for a client?
To be authorised to work in France, your posted worker must hold a work visa, a work permit and a residence permit.
Make your life easier by entrusting a local expert in posting of workers with the entire immigration process – for a 100% compliance guarantee.
We are the leading specialists in professional immigration, Social Protection, and posting of workers in France, with thousands of cases handled since 2004.
A few case studies of
posted workers’ immigration
Are you posting one of your American employees to France for a 4-month assignment to install machinery at a client’s site?
You must apply for a work authorisation from the French authorities so that your posted employee can then obtain a visa allowing entry into France and to start working legally. The visa obtained will need to be validated by the French authorities once in France to permit legal residence for the duration of the assignment. Additionally, a prior posting declaration (SIPSI notification) must be made, and a Certificate of Coverage (COC) requested from the American authorities.
German company posting an American employee, employed under a German contract, on a 24-month assignment in France at a client’s site?
As an American resident with a German employment contract, your employee is exempt from applying for a work visa and work authorisation to come to France (Vander Elst jurisprudence), but must obtain a residence permit to legally reside in France for any period exceeding 3 months.
Portuguese company posting a Chinese employee, employed under a Portuguese contract, on a 5-month assignment in France to repair machinery at a client’s factory?
As a Chinese national with an employment contract in Portugal, your employee will be able to come to France and will be exempt from having to apply for a work permit for his assignment in France (Vander Elst case law), but he will have to obtain a residence permit to reside legally in France for a period of more than 3 months.
Client testimonials
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Posted Workers Alliance
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- This alliance supports you with all mandatory posting formalities across Europe.
Your questions
No specific formalities are required; the employee is authorised to work in France based on a valid passport or residence card. This does not, however, exempt the employer from the posting-related administrative formalities (SIPSI notification) and from requesting the A1 form.
For the entire duration of the posting and regarding their activities in France, the posted worker must receive remuneration in accordance with the French Labour Code or the extended collective agreement applicable to their sector, “as if they were under contract in France.” The same applies to working hours, overtime, night work, daily and weekly rest periods, paid leave, public holidays, health and safety at work, etc. These are known as the “hard core” of mandatory French labour rules. Beyond this, all provisions of the French Labour Code must be applied.
Although by nature a posting is temporary, there is currently no legal limit on its duration within Europe. Following the transposition of Directive 2018/957 into French law on 30 July 2020, the benefits of posting apply for a limited duration of 12 months in France, extendable by 6 months. Even if the posting continues beyond this period, significant obligations will apply for the remainder of the assignment, including full application of the French Labour Code, and not just the “hard core.” Regarding Social Protection, intra-European posted workers can benefit from a certificate of social coverage for up to 24 months, or even five years by derogation.
At present, there is no harmonisation between immigration, labour, and Social Protection regulations on this matter.
For accompanying family members of a posted service provider: the simplified “accompanying family” procedure does not apply. Family members may apply for an independent residence permit, such as a “visitor” visa or a residence permit as an employee if they find work in France. Alternatively, family reunification can be requested, which requires the posted worker to have legally resided in France for at least 18 months.
A medical examination by the French Office for Immigration and Integration (OFII) is mandatory for posted service providers in France if their assignment exceeds three months. If OFII has representation in the employee’s country of origin, the medical examination can be carried out before arrival in France.