Question 8485 — French people abroad

Summary

If the entire national territory is concerned by the intervention of seconded employees, this is important and visible in employment areas particularly integrated into cross-border markets. In 2017, 43,764 employees posted to the national territory were of French nationality: 50% of them were posted as part of a service provision or on their own account, 6% as part of intra-group mobility, 30% in the context of temporary work and 14% in the context of very specific transport formalities. Furthermore, 26% of all these French employees were seconded by an employer established in Luxembourg. It should also be noted that this situation also concerns a significant proportion of French employees who usually work abroad and occasionally return to France to carry out a project or mission. temporary. This situation, consistent with the spirit of detachment, is legitimately part of the reality of economic relations between Member States and the mobility of French employees. Furthermore, the provisions relating to the posting of workers resulting from Law No. 2018-771 of September 5, 2018 for the freedom to choose one's professional future provide legal clarification on the legal nature of posting. In Indeed, article 94 of the law amending article L. 1261-3 of the labor code, specifies that the secondment of worker is truly constituted when the employee usually carries out his work "outside the national territory". Under this stricter definition, employees only carrying out their activity in France on behalf of their employer established abroad could therefore not fall under the secondment rules. Regarding respect for labor law and the fight against fraud, the inspection services are fully committed. Each month, on average, 149 offenses were recorded for non-compliance with the rules relating to posting. In the sectors identified as priorities [National Plan to Combat Illegal Work 2016-2018] for control actions, 74,043 establishments were subject to control in 2016, all control agents combined (excluding gendarmerie and police). Finally, 2,987 foreign companies were inspected in 2016, compared to 1,711 in 2015. These figures confirm that inspection agents have significantly increased their activity in the provision of international services. By way of illustration, an investigation into covert work in an organized gang recently resulted in the recent indictment of the people responsible for a fraudulent network between France and Luxembourg, with social and fiscal damage estimated at several million euros. The investigation, initiated by the investigating judge and carried out by several specialized services, targeted a Luxembourg company suspected of fraudulently seconding several dozen employees to construction sites located on French territory. Furthermore, beyond the legal procedures introduced by the inspection of work, it should be noted the extremely strong increase in administrative fines, introduced by the law of July 10, 2014. In 2016, 453 fines (titles issued) were issued for an amount of 2.4 million euros. In 2017, 1,034 fines were collected for an amount of 5.9 million euros. Of these sums, 882,000 euros were recovered for the 2016 financial year, i.e. a recovery rate of 36%, and 3.2 million euros for 2017, i.e. an increasing recovery rate of 53.46%. These fines aim to specifically sanction non-compliance with the reporting formalities linked to the posting of workers in France: sending a prior declaration of posting to the labor inspectorate and designation of a representative in France, as well as the lack of vigilance of the principals. The amount of these fines initially capped at 2,000 euros per employee was increased by the law of September 5, 2018 to 4,000 euros, or even 8,000 euros in the event of a repeat by the sanctioned company. Finally, it is recalled that clear objectives were defined during the national commission to combat illegal work (CNLTI) on February 12, 2018, and in particular a priority action devoted to improving the sanctioning powers of the labor inspectorate in the event of illegal recourse to secondment combined with findings of habitual, stable and continuous activity by companies without establishment on the national territory. These objectives are also reflected in the law of September 5, 2018, by the possibility of stopping for a maximum period of 3 months an activity carried out, even without establishment, or within the framework of activities of external service providers, with a situation causing the subject of a report of illegal work.

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