Ministerial order 2019-116 of February 20, 2019, which will come
into effect on July 30, 2020, transposes into French law European
Directive 2018/957 of 28 June 2018, extending the employment rights
of posted (seconded) workers.
The French labour code already lays down the core rights of
posted workers in many areas. In addition to these, the new rules
emphasize that every worker seconded to France must receive
“equal pay for equal work” rather than just the minimum
wage. This principle already applies to workers hired locally in
The employer will additionally have to reimburse any expenses
occurred by the posted worker during the assignment.
The posted worker rules will apply for the first 12 months of
the posting (extendable by another six months in certain
circumstances) after which almost all the workers' rights
obligations on companies established in France will apply.
If the posted worker is replaced by another in the same
position, the 12 months will be calculated cumulatively.
The calculation of the 12-month secondment period will also take
into account any ongoing postings starting before July 30,
Failure to comply with the new posting rules will be subject to
a fine of EUR 4000 per breach (EUR 8000 in case of repeated
breaches recorded within a period of two years).
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.