New Legislation | In brief: Intra-EU Secondment procedures
Auteur : Flichy Grangé Avocats
Publié le :
07/07/2017
07
juillet
juil.
07
2017
There’s a growing debate in France regarding the intra-European secondment of employees who come to France to work. The subject is a delicate one because it is close to the matter of social dumping. Employees arriving from Central and Eastern Europe are seconded to France to work on projects, often construction sites, and are paid salaries that defy the French competition, leading to complaints of unfair and disloyal competition.
Moreover, this work is not always properly declared to the authorities and may not be properly regulated.
Certain municipalities have taken their own measures to prevent this, for example by imposing clauses Molière, named after the iconic French playwright (the French Shakespeare). These clauses require that employees must speak French if their employer wishes to respond to a call for tenders. The justification is one of safety and compliance with administrative processes and regulations.
However, the validity of such rules is debatable as they might go against European non-discrimination principles.
Secondment rules have been reexamined before the European Commission with various changes being proposed. Employers should keep a close eye on this evolving matter.
Historique
-
Frances Gallop and Angela Rae honoured by the Lexpert Zenith Awards 2017: Celebrating Women in Law
Publié le : 09/08/2017 09 août août 08 2017L&E GlobalL&E Global is proud to announce that Frances Gallop and Angela Rae, Partners...Source : leglobal.org
-
1 minute to get it | Paid leave in France
Publié le : 04/08/2017 04 août août 08 2017NewsUnderstand in one click the lastest news in employment law
-
Looking forward | The New President’s Reforms
Publié le : 07/07/2017 07 juillet juil. 07 2017NewsEmmanuel Macron was recently elected President of France. In Labour matters,...
-
Recent case law | Recent case law | Signatories and dismissals
Publié le : 07/07/2017 07 juillet juil. 07 2017NewsNotification of dismissal lies with the employer, but he or she is perfectly...
-
New Legislation | In depth look: Company’s internal regulations
Publié le : 07/07/2017 07 juillet juil. 07 2017NewsCompanies with more than 20 employees in France must have internal regulation...
-
New Legislation | In brief: Intra-EU Secondment procedures
Publié le : 07/07/2017 07 juillet juil. 07 2017NewsThere’s a growing debate in France regarding the intra-European secondment of...