The guidelines aim to regulate the activities of foreign road transport companies operating on French territory. All foreign-based drivers must receive a salary equal to the minimum in France with effect from 1 July 2016. Transport companies must also designate a representative in France.
The reform applies to all non-French transport companies sending their employees to work in France under the conditions mentioned in Articles L. 1262-1 and L 1262-2 of the French Employment Act, specifically regarding:
- Cross-border transport, if the customer is situated in France or is operating in France;
- When companies are transporting to one of their own offices
- When an employee is hired by a temporary employment company with the aim of transporting to a firm operating in France.
The DSV Haulier Procurement Department can put you in contact with French companies which can assist you in complying with the law.
Required Formalities - Attestation of posting (Attestation de détachement)
- Validity - up to 6 months, for several postings. No need to specify the operations concerned.
- Form - A template document is now available from the Ministry for the following cases: temporary employment, inter-corporate employment, cross-border services
- Utilisation - Drivers must carry a copy of the attestation in the truck and must present it to any competent authority if requested during an inspection. It is also necessary for the employee to produce an employment contract on request. Another copy of the form should stay either with the company’s representative in France or with the company that is hiring the driver.
Potential penalties in case of non-compliance:
Administrative fine (max. € 2,000 per employee)
- Unable to present an attestation
- The company has no Representative on duty
4th class fine (max. € 750)
- No Attestation of posting on board
3rd class fine (max. € 450)
- No Employment contract on board
Read more about the new law here and here.