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Act No. 2018-771 of 5 September 2018 provides for more severe penalties in the event of a violation of the provisions relating to the posting of workers.
Focus on the main points to remember:
– Article 1262-4-6, which provided for a contribution of €50 for employers posting employees in France, has been repealed, and the amount of administrative penalties has now doubled (from €2000 to €4000 and from €4000 to €8000)
– In the event of a repeat infringement, a penalty may not exceed €500,000. In addition, the reiteration period has been increased to 2 years instead of 1 year.
– The principal is also obliged to check whether the carrier has paid the administrative penalties before the start of the service.
– A new power is now conferred on the controller to notify the competent administrative authorities in the event of a failure to comply (payment of the administrative penalties); in the absence of regularisation before the start of the service, the administrative authority may, by reasoned decision, prohibit the provision of services for a renewable period of two months in view of the gravity of the failure to comply. The service cannot begin unless the breach is remedied.
– From now on, the representative is no longer concerned by the declaration sent to the labour inspectorate when the posted employee is the victim of an accident, only the principal and the employer are concerned by this declaration.