Implementing reinforced obligations regarding secondments and undeclared work

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These measures came into force since 1st April 2015.

Implementing reinforced obligations regarding secondments and undeclared work

Implementing measures of the new provisions of the Law of 10th July or « Savary Law » to fight against unfair social dumping practices were specified by a decree of 30th March 2015.

This decree supplements the contents of the prior declaration which has to be transmitted to the Labor inspection by any foreign company seeking to post employees in France.

It also lays down the terms of appointment and the role of the company representative in France.

The decree of 30th March 2015 also lists the documents the employer established outside France is required to keep and submit as early on as possible to the French Labor inspection upon request.

Furthermore, it sets out the obligation to annex to the comprehensive staff register and to make it available to the staff representatives a copy of documents authorizing the pursuit of an employed activity of foreign workers.

In addition, the decree details the verification, injunction, vigilance and financial solidarity requirements of the French decisions-makers or contractors regarding their foreign subcontractors and joint contractors and lists the criminal and administrative penalties to be taken in the event of non-compliance.

Finally, the decree of 30th March 2015 specifies the right of action of the representative trade union organizations to protect the interests of a worker posted in France or a victim of undeclared work in the name of these workers.

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