Sending foreign employees to France for temporary assignments is a great way to serve clients, strengthen group operations, or participate in professional events. However, posting workers (“détachement desalariés”) is strictly regulated under French labour law. Failing to comply with employment and social security obligations can lead to severe penalties.
This article explains the key obligations and formalities for posting employees to France.
1. Types of Posting
Posting workers can occur in several situations:
- The employee provides a contracted service in France for one of your clients.
- The employee works at a French branch or a subsidiary of your group.
- Your company is a temporary work agency (TWA), and the employee works temporarily for an end-user company in France.
- You send the employee to France on your own account, with no external client. The employee participates in events, meetings, or training, and is not managed by the host entity.
2. Formalities Before Sending an Employee to France
2.1. Administrative Formalities
Before the assignment, it is generally required to:
- Submit a prior posting declaration via the SIPSI platform.
- Appoint a representative in France to liaise with labour inspectors and provide documentation during audits.
- Apply for a BTP card for employees working on construction sites.
Some formalities are not mandatory for own-account postings or short-term assignments in specific sectors (performances, sports events, scientific seminars, guest teaching).
2.2. Social Security Formalities
Before the assignment, it is required to:
- Contact the local social security authority to obtain proof that the employee remains affiliated to the home country social security system (A1 certificate in the EU).
In the UK, employers must contact HMRC to obtain a certificate of coverage.
- Inform the employee they must carrythis document at all times, as local authorities may request it duringinspections.
During the assignment, the employee remains affiliated with the home country social security system. Employers continue paying contributions in the home country. No French social security or unemployment contributions must be paid during the posting.
3.Obligations During Posting
3.1. Obligation to Store and Provide Documents
Employers must provide, upon request, a range of documents translated into French for the Labour Inspectorate, including:
- Proof of wage payment and working hours.
- Payslips (for assignments of 1 month or more).
- Employment contract and documents proving realbusiness activity in the home country.
- Evidence of compliance withminimum wage rules.
Failure to provide documents immediately (or within 15 days in specific cases) exposesthe company to administrative penalties.
3.2. Obligation to Apply French Employment Law
Employers must comply with minimum French labour law standards and the sector-specific collective agreement, including minimum wage and salary payment rules, working time, bank holidays, annual paid vacation days, workplace health and safety, illegal employment, workplace gender equality and discrimination, maternity protections.
For postings exceeding 12 months, employers must generally apply most provisions of the French Labour Code, with limited exceptions.
4. Penalties for Non-Compliance
Non-compliance may result in:
- Fines up to € 4,000 peremployee (€ 8,000for repeat offenses), capped at € 500,000
- Suspension of service provision.
Specific penalties apply in the absence of social security coverage certificate:
- Financial penalty equal to one month’s social security ceiling per employee (€ 3,925 for 2025), doubled for repeat breaches.
- Risk of requalification asundeclared work (“travail dissimulé”), with criminal penalties up to 3 years’ imprisonment and € 225,000 fine for companies.
Conclusion
Sending employees to France is a strategic opportunity, but it requires careful preparation. By following administrative and social security formalities, keeping complete documentation, and applying French employment law, companies can manage temporary postings safely and legally.
To secure your postings and avoid penalties, do not hesitate to consult Alexandra Dabrwoiecki, Cerdic Legal.
