French minimum wage for foreign goods or passanger drivers

Formalities in case of posting of workers in the field of land transport

– Key points –

The new regulation is designed solely to lay down formalities in case of posting of workers in the transport sector. It doesn’t alter the relevant rules, as set out in directive 96/71/EC. These adaptations shall enter into force on July 1st, 2016.
They shall apply in particular to cabotage and international transport to and from
France (if conditions are met) but not to transit.
French minimum wage only applies if higher.

Introduction : aims of the regulation

In the framework of the directive 2104/67/CE, the aim is to clarify formalities in case of posting of workers by taking into account the specific features of land transport.
As a reminder, pursuant to directives 96/71/EC and 2014/67/EC, the labour code :
● Lays down reporting formalities : declaration of posting, designation of a representative in France,
● Includes rules concerning the principal’s obligations and liability.
Improve access to information on their status for mobile workers :
● The attestation is kept on board the vehicle or the boat
Strengthen the effective enforcement of european rules concerning the posting of
workers, in the interest of protect mobile workers, thanks to appropriate means of
control.

Scope of the specific regulation applicable in the transport sector

Transport undertakings (or temporary employment agency hiring mobile workers)
established outside France are concerned…
…since one or more workers are posted according to the labour code (≈directive
96/71/EC, article 1) :
● under a contract concluded between the undertaking making the posting and the
party for whom the services are intended, established or operating in France
(international transport to and from France, cabotage but not transit),
● in case of intra-corporate tranfer to France,
● when hired by a temporary employment undertaking, to a transport undertaking operating in France.
Additional comments
● Applicability of the posting rules to different kind of transport operations is only based on the objective criteria provided by directive 96/71/EC (No change to
existing legal scheme).
● Type of vehicle (heavy or light) doesn’t matter.
● Type of transport (goods or passengers) doesn’t matter.
● Self-employed workers are out of the scope.

Attestation of posting

The attestation of posting replaces the declaration normally requested in other
economic sectors.
The attestation is filled in by the worker’s employer or, failing that, host company (when applicable).
Validity up to 6 months, for several postings. No need to specify the operations
concerned.
PDF Form will be soon available on travail-emploi.gouv.fr.
Informations filled in are not processed by French authorities.

Attestation of posting : requested information

Information relating to usual employer (or temporary employment agency)
Information relating to the worker and his contract
Information relating to employer’s representative
Information relating to salary and the coverage of expenses
Entry in the national register of land transport undertakings (if applicable).

Employer representative in France

Designation of employer representative in France, tasked to liaise with control
services.
Representative freely designated.

Posted workers’ rights in the field of land transport

French new regulation doesn’t grant new rights for posted workers in the field of land transport, but creates prerequisites for better enforcement of these rights.
The rights are those already granted by directive 96/71/EC and labour code for
posted workers of any economic sector (≈art. 3 directive 96/71/CE).
Favourability principle : the most favourable law benefits the worker.
Comments about some of the posted worker’s rights.
● Right to minimum wage : legal or conventional minimum wage, additional
payments for overtime, compulsory wage supplements.
● Working time : accounted according to EU and French rules.

Principal’s obligations and liability

Principal shall check the existence of attestation and employer representative. Failing that, in case of intra-corporate transfer or temporary employment, the host company fills in the attestation.

Recipient’s subsidiary obligations and liability

Provided that neither the principal nor the employer are established in France, the professional recipient may be alerted by control services, so that he calls upon the employer to correct illegal situations (minimum wage not paid, inadequate
accomodation, violation of main labour rules). He shall report his attempts. Failing to do that, he may be jointly liable for the consequences of the breach of the rules.

Penalties

4th class fine (max. 750 €) if the attestation is not on board or non compliant, 3d class fine (max. 450 €) if the employment contract is not on board
Administrative fine (max. 2000 € per worker) if the employer didn’t make an attestation or appoint a representative
Most serious breaches will be prosecuted as a priority.
Assessment will be made in order to adjust the activity of control services .
Summary of reporting formalities

1- Aboard the vehicle or boat

Attestation of posting
Employment contract
● In case of intra-corporate transfer : translated copy of amended employment
contract and agreement regarding the provision of staff
● In case of posting by temporary employment undertaking : translated copy of
temporary employment contract and agreement regarding the provision of staff

2 – For the representative in France

During the posting and for a 18-month period after the posting :
● Attestation of posting
● Pay-Slip (including details of pay items)
● Any proof of payment
● Copy of representative’s designation
● Title of collective agreement (if applicable to worker).

3 – User undertaking (when applicable)

● Attestation of posting


All original documents translated to English from the French Government available to download for free in our online shop also available in German, Spanish, Portuguese, Italian, Hungarian, Polish and Romanish

  1. Presentation of French regulation – Formalities in case of posting of workers in the field of land transport
  2. Frequently asked questions
  3. Minimum hourly pay as of 1 July 2016 for inland waterway crew members
  4. Summary of working time and rest period rules for crew members employed by goods transport undertakings
  5. Summary of working time and rest period rules for crew members employed by passenger transport undertakings