Companies must comply with local labour laws in the place of employment when employees are seconded. When seconding to France this includes:
- SIPSI Declarations Electronic declarations through the SIPSI portal of posted staff properly filled out and filed prior to secondment ; the first such declaration per place of work must be filed before any secondment to that establishment occurs;
- French Representative Declaration of a French representative of the employer at the outset of each winter and summer season, to be sent by email and/or registered letter to each head work inspection office of a French ‘département’:
- Work Condition Regulations Following the Collective Bargaining Agreement for the sector that you are active in E.g., the Convention Hotels, Cafés, Restaurants (HCR) applies to most chalet operators;
- Minimum Wage Apply minimum wage for the sector that you are working in, from the moment of secondment to another EU Member State;
- Valid HR Documentation Establish the required HR documentation (employment contracts with secondment annexe setting out deductions, payslips, time-sheets) on a monthly basis and keep it available for immediate inspection;
- Secondment regulations Follow secondment regulations regarding deductions: notable NOT deducting for accommodation or food for seconded workers.
- Health & Safety Compliance Ensure health and safety compliance of premises, staff accommodation and all activities on site and in resort.
In accordance with Art. L1263-7 and R1263-1 of the French labour code, in the event of a ‘control’ by work inspectors, companies must have immediately available on site or downloadable there from, translated into French, all of the following documentation:
- A1 certificates (or proof of application, if not yet received);
- Work permits for non-EU employees;
- Payslips (French compliant version);
- Employment contract(s)
- Time sheets (French compliant version);
- Proof of payment of salary e.g. BACS reports;
- Medical certification ‘fit to work’ (employee GP or FR Dr.);
- French representative declaration, as specified above;
- Documents showing ‘substance’ in the home State: turnover of the company in home state and in France, number of staff permanently employed in the home state and number of seasonal staff posted;
- Health and safety risk assessment report for all places of work;
- Electrical safety report for all places of work and all staff accommodation provided by the employer.
Please note: the above list only applies to posted workers.