The decree of June 4 2019 applies the law « for the freedom to choose one’s professional future » of September 2018 and pursues a dual aim of maintaining France’s attractiveness while strengthening the fight against illegal work.
More favorable conditions to enhance the appeal
The Decree is part of a desire to simplify procedures in order to make secondment to France more attractive, in particular by simplifying the appointment of the employer’s representative, which is now done directly in the secondment declaration and no longer by a specific document.
In addition, the Decree introduces a certain administrative flexibility, which is favorable to employers.
For example, some activities are exempt from providing a prior declaration of secondment or appointing a representative (artists, sportsmen, apprentices on temporary mobility in a company in France). In the event of a one-off secondment (« short-term service or one-off event ») or « for its own account », without a contract between the host entity in France and the secondment, the host entity now has 15 days to submit any document required by the Labor Inspectorate.
The same period of 15 days shall be granted to the recipient of the secondment in the event of an inspection to submit his observations to the Labor Inspectorate.
Strenghtened controls to outline a fraud-prone practice
Secondment remains one of the most fraud-prone procedures. Its monitoring is therefore at the top of the Labor Inspectorate’s priorities for 2019. To remedy this, sanctions for non-compliance are increased.
For example, the obligations on the identification of the parties to the service contract in France have been strengthened since July 1 The new requirements concern greater accuracy of reporting elements (contact details, identity information, etc.)
While a large part of the measures concern the construction sector (the most secondment heavy sector in France), others, which are broader, affect all sectors. The communication prerogatives of Labor Inspectors are thus accentuated, in order to make it easier for them to communicate to third parties (suppliers, customers, administrations) the documents and information acquired during an investigation for illegal work.
The Inspector’s injunction power is also extended to breaches of the rules of secondment.
As from the receipt of the injunction, the payment of the fines is due. In the event of non-payment, a temporary ban (for a maximum of two months) on the use of secondment can apply.
Finally, since July 1 2019, the limitation period for recovery proceedings has been extended to five years from the date of notification of the collection order.
You can contact the Immigration Department of Home Conseil Relocation for your needs around secondment to France.