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France: The final European directive on seconded workers is transposed into French law and will apply as of July 30, 2020

The government has transposed the directive of June 28, 2018 on posted workers as part of a service provision by an order published on February 20, 2019. The French Labor Code provides for a set of matters for which the rules of the home state- legal rules and conventional rules applicable in the branch of activity concerned – must be applied to seconded employees and to’ local ’employees.

The order reinforces this set of mandatory rules, by providing that the employer of an employee posted to France must guarantee him equal treatment with employees employed by companies in the same branch of activity established in France, and this concerns “Pay” (ie base salary and all other benefits), and not just “minimum wage”. Thus, it will no longer be sufficient to pay posted workers at least the Smic (legal minimum wage) or the conventional minimum wage. It will be necessary to pay the posted employee all the elements of remuneration made obligatory in France by the legal provisions and the agreements of the branch concerned. It is the same in terms of professional expenses (transport, meals, accommodation).

After 12 months of secondment of an employee in France, ie from the 13th month, the employer will be subject to a wider application of the Labor Code. New information rules on temporary work are also planned. The provisions of the ordinance will come into force on July 30, 2020.