All about the posting
According to the European directive, a posted worker is a person from a member country of the European Union, who is responsible by his employer for performing his duties in France or in another country of the European Union.
In the case of temporary employment agencies, posting is carried out when providing services in a Member State of the European Union.
The employee performs missions on behalf of the company for which he works, in another European country.
The principle of posting is therefore to facilitate the free movement of workers within the European Union, while ensuring that a strict legal framework is maintained.
Legislation related to posting
Three laws are to be taken into account, European legislation replacing French and Romanian legislation in this context.
In France, this activity is governed by the legislation related to temporary work (art L1251-1 to L1251-64 of the Labour Code), the temporary posting of an employee by a company not established in France (art L1261-1 to L1263 -2) and the posting procedures (art. R1261-1 to R1264-3).
To allow the equality of all, and avoid some drifts, the European Commission has provided a further base of rules present in Directive 96/71 / EC and in Regulation 1408/71.
It lays down a series of mandatory rules concerning the conditions of work and employment applicable to posted workers, in order to:
Ensure that rights and working conditions are protected throughout the European Union.
These rules provide that workers posted to another Member State are legally entitled to a set of rights in force in the host Member State, even if they remain the employees of the company posting them and therefore fall within the scope of the legislation of the Member State of origin.
These rights concern:
minimum wage rates;
maximum work periods and minimum rest periods;
the minimum period of paid annual leave;
the conditions for making workers available via temporary work agencies;
health, safety and hygiene at work;
equal treatment between men and women.
For the temporary work agency, it is mandatory to have an operating permit as a temporary work agent (issued by the Ministry of Labour and Optimum Interim obtained it as well as a bank guarantee.
The obligation also to make a declaration of posting to the Labour inspectorate for each new posting.
Once these conditions are met, there is no fear for either the user company or the agency: everything is legal and everything is transparent.
European legislation therefore provides a clear legal framework to ensure fair competition and respect for the rights of posted workers, so that businesses and workers can take full advantage of the opportunities offered by the single market.
The benefits of posting
- Access to a skilled, motivated and assiduous workforce, speaking the language of the country where they will practice.
- Financial flexibility without administrative involvement and waste of time.
- Reduced staff management costs.
- Discharge of staff recruitment procedures.
- Staff assessment by us before hiring.
- Quick commissioning of the carefully selected workforce according to your specifications.
- Outsourced monitoring and management of staff.
- Occupational medicine and work protection provided by us.
- Competitive prices tailored to each company.
- The posted worker carries out his work mission under your direct orders and your coordination.