Posting of Workers – Explained in 2 Minutes

Description

What is posting of workers?

It is the act, for a company abroad, of temporarily sending one of its employees to carry out a mission with a client or within a company of the same group.

For example, you may have posted workers within your factories who perform maintenance work.

Originally, it is a European simplification, which has fallen victim to its success, with numerous abuses (fraud and social dumping).

It has become a political priority, especially in France, and a recurring and divisive media topic.

For companies, posting of workers is always a preferred solution, allowing maximum flexibility in the mobility of workers within the European Union.

But! that requires doing things properly and fully understanding the obligations and risks.

Why is it important?

The peculiarity of posted workers is that it involves three stakeholders: the employer abroad, the host company in France, and the posted workers.

The additional complexity arises from the fact that the mandatory formalities must be carried out by the employer abroad, which has a direct impact on the host company as it is co-responsible.

The host company must therefore ensure that everything has been properly completed by the foreign company.

To avoid being co-responsible, companies in France choose to appoint us to oversee all these complicated formalities.

Finally, be vigilant, as posted workers is particularly monitored by authorities (labour inspection, Urssaf, police, etc).

What are the risks?

There are many risks associated with failure to comply with mandatory formalities and non-compliance, both for the company and for the foreign posted worker.

Keep in mind that the consequences can be severe for both the company and the foreign assignee: criminal risk, reputation risk, financial risk, poor relations with authorities, etc.

Our recommendation

1. Firstly, understand and scrupulously respect your obligations;
2. Secondly, identify your risks, particularly related to co-responsibility; this subject should not be taken lightly.
3. And finally, thirdly, choose a trusted partner, an expert in this complex subject, enabling simple, quick, effective, and compliant support.