Posted workers in France : what is the maximum period of time ?
By nature, posted workers’ situation is temporary. Once the assignment carried out, posted workers are supposed to return to their country of origin. But how do you know what the maximum authorized period of time is?
Three cases have to be distinguished:
- Case no. 1: Intra-Community Posting
- Case no. 2: Posting through the hiring out of a worker from an establishment or company belonging to the same group (Intra Corporate Transferee) – Intra-Group Posting
- Case no. 3: Posting of workers in the framework of the provision of services – non-European
Case no. 1: Intra-Community Posting
In the specific case of a European employee employed in another European country, the maximum authorized period for posted workers is 24 months – non-renewable.
In order to apply for posting within the intra-Community context, the A1-form or S1-form has to be requested before the Social Security of the country of origin. As an exception, this period of time can be extended to 36 months.
Case no. 2: Intra Corporate Transferee (ICT) Posting – Intra-Group mobility
This is applicable when a company which is established outside Europe wants to assign an employee to France, in the framework of Intra-Group mobility. In that case, the maximum period of time for the posted worker is 36 months, and regardless of the country of origin is non-renewable.
In this situation, provisions relating to the duration of the residence permit prevail over bilateral conventions on social security. Therefore, one should not rely on the duration provided for in these conventions (for instance, the U.S.-French Social Security Agreement sets forth a maximum period of 5 years).
Case no. 3: Posting in the framework of the provision of services (non-European)
When a non-European service provider assigns an employee for a project in France, the maximum duration of the first application is limited to the term of the residence permit, i.e. 12 months.
In the absence of bilateral conventions on social security, the renewal of the assignment in France is possible, if justified. On the contrary, it is the maximum limit of time provided for in the convention which is applicable.
Prior Declaration of Posting
Since July 2016 and in any case, prior to the beginning of the assignment, foreign employers who assign employees on French territory must provide the competent Inspection du travail (the French Labor inspection) with a Prior Declaration of Posting (via the SIPSI platform). The place of supply of the services falls under the jurisdiction of the competent Inspection du travail.
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