Global Mobility in France: Manual for secondment

Secondment is a temporary employment arrangement in which an employer sends an employee to another EU member state to provide services. The client can be either a natural person or a legal entity in France. Even though the employee works in France, they remain employed by their employer in the home country. This means that the employment relationship, including working conditions and social security arrangements, remains governed by the legislation of the employer’s home country.

What Should I Consider?

Duration of the Secondment

Within the European Economic Area (EEA), the maximum duration of a secondment is typically two years. An extension of six months is possible if the employer submits a motivated notification to the national authorities of the host country. Rules vary for non-EU countries.

The above rules apply only to EU or Swiss residents. Different provisions apply to individuals from outside these zones. In such cases, it is advisable to consult an expert to analyze the specific requirements.

French Labor Law Obligations

Regardless of your nationality or status, you must comply with French labor laws. Key points include:

• The standard workweek in France is 35 hours, unlike 38 or 40 hours in some other countries. Overtime is permitted but incurs additional costs.
• Certain sectors, such as construction, have specific rules and obligations, including the BTP card.

Temporary Work in France: Required Documents

To work temporarily in France, all necessary documents and forms must be properly completed. Below is an overview of the key requirements per category.

1. I Am Self-Employed

Required documents:

• A1 certificate (proof that you pay social contributions in your home country)
• Service contract
• Proof of registration as a legal entity

Important considerations:

• The French labor inspection may request additional documents during an audit.
• Self-employed individuals do not need to submit a SIPSI declaration.
• The BTP card is often mentioned in the construction sector but is not required for self-employed workers.

2. I Am an Employee

Required documents:

• A1 certificate
• SIPSI declaration
• BTP card (if applicable)
• Designation of a French representative

Important considerations:

• If there is no commercial contract with a French client, only an A1 certificate is required.
• The above obligations apply to secondments within the EU, EEA, and Switzerland.
• For non-EU secondments, additional requirements apply, such as work permits and visas.
• Employers must protect employee health and provide medical documentation equivalent to French standards.
• The BTP card is mandatory for seconded workers in the French construction sector.

3. I Am an Artist, Athlete, Researcher…

Certain activities, as defined by the decree of June 4, 2019, are exempt from reporting and appointing a representative. This applies to:

• Artists
• Students on international mobility programs
• Athletes and accompanying teams
• Official delegates
• Researchers and professors participating in exchanges

The decree specifies the maximum duration and reference periods for these activities to qualify for exemptions.

Conclusion

Working in France, whether for a short or long period, involves specific rules and obligations. The exact requirements depend on your status and profession. For EU citizens, the regulations within the EEA simplify the secondment process, but compliance with the rules remains crucial.

Proper preparation is essential to working legally in France. Consider seeking advice from an expert to ensure all formalities are correctly handled. This way, you can work in France with confidence, whether for a short project or a long-term assignment.

Want to know more? Feel free to contact one of our experts at info@avats.fr.

French Representative

When seconding employees to France, appointing a French representative is mandatory. This representative serves as the contact person between the employer and the French authorities. The representative must also be included in the SIPSI declaration.