Your SIPSI notification for your posted workers to France
Are you a foreign company sending your posted workers to work for a customer or subsidiary in France?
Before any work is carried out, a prior posting declaration (or SIPSI notification) must be completed for each employee concerned. It must be sent to the Labour Inspectorate at the place where the service is to be provided, before the assignment begins, via the SIPSI platform. It is therefore vital to complete this declaration correctly.
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Your representative
in France: the official contact for the authorities in the event of an inspection
- As part of the SIPSI notification, you must appoint a representative in France who will be responsible for liaising with the Labour Inspectorate throughout the duration of the assignment, in the event of an inspection at your customer’s premises.
- He must be physically present in France for the duration of the posted worker, be able to answer the inspection officers in French or, if he cannot answer them directly, relay the questions, and present the documents required to prove that you, the foreign company, have complied with your obligations.
- This role requires a good knowledge of French requirements in this area, to ensure smooth communication with the authorities and avoid misunderstandings.
- Among the documents frequently required during an inspection are the employment contract, French-compliant payslips, social security certificate and so on.
A few case studies for your SIPSI notification
Your company is based in India and sends posted workers to sites in France.
In addition to immigration formalities, you must, for each posted worker, submit a prior posting declaration via the dedicated French platform and designate a representative in France, who will be the contact for the various inspection bodies (Labour Inspectorate, State services). These obligations are strictly regulated, and failure to submit the prior declaration is subject to sanctions.
You are a company based in the European Union and post a French or European employee in France.
Are you subject to specific obligations? Yes. Even though your French and European employees do not require a visa or residence permit, you must still comply with the posting rules (prior posting declaration before the start of the assignment in France and designation of a representative in France for the entire duration of the posting). These obligations are strictly regulated, and failure to submit the prior declaration is subject to sanctions.
You have already submitted a posting declaration, but some elements have changed.
Any significant change in the conditions of the posting must be reported. This may concern a change in assignment dates, a modification of the representative’s contact details in France, the early departure of a posted employee, a new place of assignment in France, a change in remuneration, etc. In some cases, a simple update of the existing declaration is sufficient; in others, a new declaration is mandatory.
Why must you designate a representative in France when posting an employee?
The representative plays a central role in ensuring compliance with posting obligations. They must be physically present in France for the duration of the posting, be able to respond to requests from inspection services, and provide the documents required by the authorities. This role requires a good understanding of French requirements to ensure smooth communication with the authorities and avoid misunderstandings. Choosing your representative carefully is therefore a guarantee of peace of mind and compliance for your operations in France.
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Your questions
When a foreign employer temporarily posts an employee to France, they are required to submit a prior posting declaration via the SIPSI platform before the start of the assignment. However, if this obligation is not fulfilled by the employer of the posted worker, the French company hosting the posted worker on its site is required to submit the declaration itself, acting as the contracting party / principal. This is known as a subsidiary declaration.
The administrative management of posting waves is a significant challenge, not only for the success of your commercial contract but also to avoid any delays or errors that could result in administrative and financial penalties. This requires rigorous management and strong expertise in the field.
The Labour Inspectorate ensures compliance with French labour law. In the context of posting employees, the Labour Inspectorate verifies that your company complies with the French regulations applicable to postings. This includes:
- The prior posting declaration submitted before the start of the assignment in France via the SIPSI platform
- The designation of a representative in France
- Compliance with French working conditions (working hours, remuneration, etc.)
These inspections can be carried out on-site or remotely, at any time during the assignment. In case of irregularities or breaches, administrative and financial sanctions may be imposed.