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

France).

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,

2020.

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.

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