European Union: New rules on posted work enter into force on Thursday

“For equal work, equal pay on the identical office”. France will apply from Thursday, just like the 26 different EU member states, the brand new guidelines on posted employees adopted in 2018 with the precept of equal therapy. This directive in opposition to social dumping, which the member states had two years to transpose, applies from 30 July.

An worker seconded by an organization established overseas will now profit from the identical remuneration as an worker employed by a domestically established firm performing the identical duties. Till then it was merely topic to compliance with the minimal wage.

Borne: “No restoration plan with posted employees! "

"This is a vital step," mentioned Minister of Labor Elisabeth Borne in a press launch. The Minister needs to go additional as a result of “for 10 years, using posted work in France has greater than doubled. The derogatory and momentary nature of this machine has, in some instances, been misguided and a few employees are accommodated in situations which aren’t acceptable, ”she underlines.

“The persistence of huge recourse to posted work in sure sectors is meaningless in a interval of excessive unemployment. There is no such thing as a query that the restoration plan will likely be carried out with posted employees! ", Additionally affirmed the minister in an interview printed Tuesday in the echoes.

A significant exception: social contributions

The textual content additionally gives for the appliance of the collective agreements of the host nation to posted employees, who will thus be capable of profit from the identical bonuses and even the identical reimbursements as nationals. The social contributions of the posted employee stay nevertheless these of his nation of origin, which implies the price of the work of a posted employee can stay decrease than that of a nationwide.

The directive limits the posting to 12 months, which might be prolonged by six months. Past that, a long-term secondment standing is created, from which the worker will profit from all of the rights relevant to nationwide staff, aside from the provisions regarding the conclusion and termination of the employment contract.

Highway transport will not be involved

The textual content doesn’t concern street transport. This was the topic of separate laws which has simply been definitively adopted by the European Parliament firstly of July.

The directive additionally permits for brand spanking new sanctions in opposition to fraud and enhanced transparency for chain posting, when a overseas momentary employment firm makes momentary employees out there to a different overseas firm offering a service in France.

Scale back posted work in building, agriculture, and so on.

A session ought to start with the social companions firstly of the varsity yr as a way to draw up plans by the tip of the yr to scale back using posted work within the sectors most involved (building, agriculture, and so on.).

The SIPSI tele-service, which permits employers to declare their posted employees, is operational to keep in mind the upcoming adjustments.