New Legislation | In brief: Directive on Posted Workers (Secondment)
Publié le :
25/04/2019
25
avril
avr.
04
2019
The government has transposed the directive of 28 June 2018 on posted workers as part of a service provision by an order published on 20 February 2019. The French Labor Code provides for a set of matters for which the rules of the home state- legal rules and conventional rules applicable in the branch of activity concerned - must be applied to seconded employees and to' local 'employees.
The order reinforces this set of mandatory rules by providing that the employer of an employee posted in France must guarantee him equal treatment with employees employed by companies in the same branch of activity established in France, and this concerns "Pay" (i.e. base salary and all other benefits and benefits), and not just "minimum wage". Thus, it will no longer be sufficient to pay posted workers at least the Smic (legal minimum wage) or the conventional minimum wage. It will be necessary to pay the posted employee all the elements of remuneration made obligatory in France by the legal provisions and the agreements of the branch concerned. It is the same in terms of professional expenses (transport, meals, accommodation).
After 12 months of secondment of an employee in France, i.e. from the 13th month, the employer will be subject to a wider application of the Labor Code. New information rules on temporary work are also planned.
Historique
-
New Legislation | In brief: Directive on Posted Workers (Secondment)
Publié le : 25/04/2019 25 avril avr. 04 2019NewsThe government has transposed the directive of 28 June 2018 on posted workers...
-
Do’s & Don’ts | This month: Mutually agreed terminations (Rupture Conventionnelle)
Publié le : 25/04/2019 25 avril avr. 04 2019NewsA mutually agreed termination (“rupture conventionnelle”) offers the ability...
-
Tuesday May 21st, 2019 | A notable shift in case law: Supreme Court Plenary Session of April 5th, 2019
Publié le : 19/04/2019 19 avril avr. 04 2019News1. The purview of the notion of anxiety-based harm has now been broadened, to...