Note: A new piece of legislation entered into force on 1st July 2016 in France after which a minimum wage is applicable to the transport sector. As we receive more information, this page will be further updated.
Field of application
- The new regulations relate to the posting of workers in the transport sector. It doesn’t alter the relevant European rules, as set out in Directive 96/71/EC.
- The law applies as of 1st July 2016 to cabotage and international transport operations starting or ending in France; it does not include transit movements.
- The French minimum wage only applies if it is higher than the actual salary of the worker.
- It will apply to companies outside of France or to interim companies who post workers under three different situations, as follows:
- under a contract concluded between the undertaking making the posting and the party for whom the services are intended, established or operating in France;
- intra-corporate transfer to France;
- working via an interim company based outside France
- Independent workers are not affected, only employees
- An attestation document needs to be established by the employer or the host company in France and it is valid for the period fixed by the company, but not longer than six months
- The template for the attestation document can be found below.
- The representative of the company in France: their role is to ensure the contact with the control services in France. They can be a lawyer, a company or a physical person – the choice is free, nothing is mandatory. The representative needs to present the attestation of posting document along with supporting documentation including: the pay slip (proof of salary for the employee), a copy of the representative's designation and any proof of payment up to 18 months after the posting.
Control and sanctions
- The driver has to have on board the attestation of the secondment/detachment, if not the fine can be up to €750
- The driver has to be able to present his work contract as well, if not the fine is maximum €450
- Administrative fine (max. €2,000 per worker) if the employer didn’t make an attestation or appoint a representative
- In case of intra-corporate transfer: a translated copy of the amendment to the work contract and the agreement regarding the provision of staff is needed
- In case of posting by a temporary employment undertaking: translated copy of temporary employment contract and agreement regarding the provision of staff is needed
- The controls started on 2 July but in the beginning there are no immediate sanctions
Contact at the French Ministry for Environment, Energy and the Sea:
Official documentation available in French, German, English, Spanish, Portuguese, Italian, Hungarian, Polish and Romanian::