France has transposed the Revised EU Posted Worker Directive into its national legislation by way of a decree and guidance documents. The implementation of the directive took effect on July 30, 2020.
Under the new legislation, a posted worker can remain under the primary French labor laws, as well as some home country labor laws, for up to 12 months. After 12 months, all of France’s labor laws and none of the home country labor laws will apply to the posted worker, unless an extension of the posting is requested. An extension can be issued for up to six months.
“Primary French labor laws” include provision of remuneration that is equal to that of other workers in the same position; provision of accommodation; provision of conditions that do not compromise the health or safety of the worker; and provision of reimbursement of expenses or allowances for travel, meals and lodging.
A six-month extension request can be submitted before the initial 12-month posting period has expired via the System on International Provision of Services (SIPSI) website. The employer must provide an acceptable justification for the request such as weather-related or equipment delivery delays. Employers of posted workers whose postings were 12 months long prior to August 14, 2020 are required to file an extension request by August 30, 2020.