FRANCE: Decree to Extend Rights of Posted Workers from July 2020

Dec 12, 2019 | Global

FRANCE: Decree to Extend Rights of Posted Workers from July 2020

Ministerial order 2019-116 of 20 February 2019, which will come into effect on 30 July 2020, transposes into French law European Directive 2018/957 of 28 June 2018, extending the employment rights of posted (seconded) workers.

The French labor code already lays down the core rights of posted workers in many areas. In addition to these, the new rules emphasis that every worker seconded to France must receive “equal pay for equal work” rather than just the minimum wage. This principle already applies to workers hired locally in France).

The employer will additionally have to reimburse any expenses occurred by the posted worker during the assignment.

The posted worker rules will apply for the first 12 months of the posting (extendable by another six months in certain circumstances) after which almost all the workers’ rights obligations on companies established in France will apply.

If the posted worker is replaced by another in the same position, the 12 months will be calculated cumulatively.

The calculation of the 12-month secondment period will also take into account any ongoing postings starting before 30 July 2020.

Failure to comply with the new posting rules will be subject to a fine of EUR 4000 per breach (EUR 8000 in case of repeated breaches recorded within a period of two years).

Our Advice

Employers who may be effected are encouraged to contact a Wolfsdorf Rosenthal immigration attorney or email the WR Global Immigration team at Global@Wolfsdorf.com for case specific advise.

Related Posts:

PHASE 2 ITALY: Less Travel Restrictions & Lower Immigration Investment Thresholds

Italy has lifted some travel restrictions. A new law extends residence permit validity and suspension of administrative procedures. Also, Italy has published a “Phase 2” decree related to COVID-19 rules. The government is drafting a decree to boost investments. Foreigners with serious health conditions can apply for a medical treatment temporary permit. Travel restrictions lifted. As of June 3, 2020, the Italian government announced that it is possible to move freely throughout the country without the need for a justified reason, and travel restrictions have been lifted for travelers coming from the European Union (EU) and United Kingdom (UK) (including all EU Member States, Schengen Area Countries, UK, and Andorra, Monaco, San Marino, and Vatican State), who will no longer be required to quarantine upon arrival. Exceptions apply for those who have been outside the countries listed above within 14 days of traveling to Italy. Visitors from outside the EU are expected to be allowed again in the country after June 15, 2020. New law. A new law, effective April 30, 2020, extended the validity of residence permits to August 31, 2020. The law also extended the validity of nulla Osta (entry clearances for family reasons, work permits) for the […]

SOUTH KOREA: Visa Invitations and Extensions Limited for Companies with Unpaid Tax

SOUTH KOREA: Visa Invitations and Extensions Limited for Companies with Unpaid Tax
Effective immediately, the Korean immigration authorities have introduced a new regulation rejecting applications for visa issuance confirmation numbers (VICN) and Alien Registration Card (ARC) extensions if the inviting company has any amount of arrears for any type of tax.