Question 836 — work

Summary

The fight against worker posting fraud remains a priority of government policy. Three successive laws have been adopted in recent years in order to build a legal base capable of securing the posting of workers and effectively combating fraud. The laws of July 10, 2014 aimed at combating unfair social competition, of August 6, 2015 for growth, activity and equality of economic opportunities and of August 8, 2016 relating to work, the modernization of social dialogue and the security of professional careers have made it possible to strengthen the methods and effectiveness of controls. The following measures can be adopted in particular: - Generalization of the prior declaration of posting online (art. L. 1262-2-2 of the labor code); - Responsibility of project owners and principals towards a seconded employee with the obligation to report a work accident and the obligation to display the regulations on construction sites (art. L. 1262-4-4 and art. L. 1262-4-5 of the labor code); - Possibility of suspending the provision of international services, particularly in the event of non-respect of the fundamental rights of employees (art. L. 1263-3 of the labor code);  - Creation of a professional identification card in construction and public works (art. L. 8291-1 et seq. of the labor code); - Administrative sanctions against the employer, the project owner or the principal in the event of failure to comply with their obligations: €2,000 per seconded employee, amount capped at €500,000 (art. L. 1264-3 of the labor code). The Labor Inspection services have taken full account of these provisions. They have the means to to coordinate and carry out their controls but also to centralize useful data on companies operating throughout the national territory. In 2016, Labor Inspectorate control agents identified 453 offenses of concealed work, 212 offenses linked to non-compliance with the hard core of French regulations and 75 offenses concerning the employment of foreigners without a permit. Directions regional business, competition, consumption, labor and employment authorities issued 453 administrative fines for a recovery rate of 36.48% over this same period. They finally pronounced 16 suspensions of international service provision. Areas of development were also set out in the national plan to combat illegal work 2016-2018. A target of 1500 interventions has been set carried out monthly on the activity of employees posted to France by the Labor Inspection services. The latter also plans to maintain the fight against complex fraud and the development of concerted intervention and prevention action both at national and European level. At the European level, progress had already been made since 2014 thanks to the creation of a specific dedicated European platform. to the fight against undeclared work and the possibility given to States to impose administrative requirements allowing better control of compliance with labor regulations by employers established abroad. The government maintains its policy of combating posting fraud. Thus, the Minister of Labor actively participated in the “Employment, social policy, health and consumers” council (EPSSCO) which was held on October 23, 2017. During this meeting, a general approach was adopted with the aim of revising Directive 96/71/EC and an agreement on a duration of secondment limited to twelve months was found, thanks to the efforts undertaken by France and its partners. This text will also ensure the payment of all elements of remuneration provided for in the law of the host State to seconded employees and equality of treatment for temporary employees, whether or not they are posted to the State in which they work. Finally, the desire of the French authorities to fight against abuse and fraud is also manifested in matters of social security, both within the framework of the procedures for controlling illegal work to which the services of the unions for the recovery of social security contributions and family allowances (URSSAF) take part, only in the context of discussions relating to the revision of European regulations on social security. A partial general orientation on the proposed revision of the regulations was thus adopted during this same EPSSCO council meeting of October 23, 2017. It provides for a strengthening of the legal framework of the conditions under which a posted worker can be subject to State social security legislation of sending and rules for calling into question decisions relating to the social security of workers that are erroneous or obtained by fraud. If European regulations provide for coordination of social security systems aimed at promoting the mobility of workers and not a harmonization of systems and therefore of levels of social security contributions, the French authorities will propose more ambitious adaptations likely to combat against social dumping. Finally, the French government does not wish to embark on the path of modifying the principle of payment in the country of origin, which would create breaks in social protection; This does not seem desirable for the 150,000 French people who are posted to Europe every year for short periods and who wish to remain affiliated to French social security.

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