The certificate or ‘declaration’ is available on the link of the French Environment, Energy and Sea Ministry here. At the website of the ministry there is also a ‘FAQ’ about the new regulation which for example mandates that the foreign operator needs a fiscal representative in France. Other documents and information are now available in 8 different languages here.
Henceforth all companies will need to issue a certificate, filled out by the employer, containing information related to the mobile worker, to their employment contract, the worker’s salary and expenses, and the company’s entry in their national register. The form is drawn up in two copies, one is given to the posting worker to be kept in the vehicle with which the service is provided with and the other is kept by the borrowing company of the road or inland waterway transport mobile worker.
This certificate will be able to be issued for up to 6 months in case of frequent operations conducted in France.
All companies will need to nominate a ‘Representative’ in France who will be responsible for the record keeping element in case of any enforcement action by the state. The ‘Representative’ will need to keep for the duration of the posting + 18 months the following:
This information can be e-documentation but should be presentable within ‘the shortest delay’. The certificate and a copy of the mobile worker’s employment contract (preferably translated) should also be present in the vehicle
French minimum wage is €9.61 per hour. At exchange prices of June 9, UK's minimum wage is €9.20 (£7.20), before the pound crashed. Now it is equal to around €8.60. Fines may be levied on those not in compliance. The outline of the fines are as follows:
As the European Commission has decided to take legal action against both France and Germany owing to the consequences of the application of their respective minimum wage legislation to the road transport sector, the French authorities may decide not to issue fines, but this has not been confirmed. One might speculate that given Britain’s recent referendum result, it might be wise for UK hauliers to follow these new rules to the letter. Even if any prosecutions are overturned due to EC intervention this may not apply retrospectively to British operators.
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