New: “Macrons Law” in France, all you need to know!

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Article also available in Dutch.

In 2015, France adopted a law called ‘Macrons Law’, it concerns the French minimum wage in the transport sector. The minimum wage applies to cabotage and all international transport operations (transit excluded). This law will enter into force on 1 July 2016.

The law provides new obligations on French inland transport movements and international transport to or from France. Under the new law, foreign-based drivers are subject to the French rules of social law as they enter French territory. There are several changes that transport companies need to be aware of.

The main changes are as follows:

• Salary payment for drivers according to the French minimum wage („SMIC“ = 9,67 € per Hour). French minimum wage applies only if it exceeds the driver’s actually paid wages.
• The law includes rules concerning the obligations and liability of the client of the transport company
• New Formalities:

-Attestation of posting

-Transport companies need a representative in France

1. Scope of this reform

The new regulations apply to all non-French transport companies sending employees to France under conditions described in Articles L. 1262-1 and L 1262-2 of the French Employment Act, specifically regarding:

• Cross-border transport if the client is situated in France or is operating in France;
• This also applies in case a companies transports to one of their own offices
• when hired by a temporary employment company with the aim of transporting to a company operating in France.

Transit operations are not concerned by this law.

2. Required Formalities

a)Attestation of posting (Attestation de Détachement)

• Validity

–up to 6 months, for several postings. No need to specify the concerned operations.

• Form

-A template document has been made available by the Ministry for the following purposes:

–Temporary employment

–Inter-corporate employment

–Cross-border services

• Utilization

-A copy of the attest must be carried on board by the driver and must be produced by order of the competent authorities during inspection. Also the employment contract of the posted employee must be submitted at the request of the inspecting authority.

-The other copy of the form rests either with the company’s representative in France or with the company hiring the driver.

b) Appointment of a representative in France

Duration

-During the posting and for at least 18 months following its termination.

Required form of contract

Written in French and stating the following information:

• Name, first name, date of birth and place of birth, email address and postal address in France, telephone number of the representative
• Company name (if applicable)
• Representative’s acceptance of its appointment
• Effective date and duration of the appointment
• Location where the documents are kept.

Tasks of the representative

Liaison between the foreign company and the French administrative authorities, specifically the French Health and Safety Inspection, police, customs and tax authorities.

In case of inspection the representative must be able to produce the following documents:

• Salary slips or similar forms containing the following information:
• Confirmation of actual payments made to the employee
• Copy of the appointment of the representative
• If applicable: statement of the employee’s collective labour agreement

3.Possible penalties in case of non-compliance

Administrative fine (max. € 2,000 per employee)

• Unable to present an attestation
• Representative is lacking in its duties

4th class fine (max. € 750)

• Attestation of posting lacking on board

3rd class fine (max. € 450)

• Employment contract lacking on board