The French gendarmerie has been conducting an intensive campaign of road inspections in the last days to observe compliance with the minimum wage regulations.
The aim of the action is to check whether foreign carriers performing international transport and cabotage in France comply with the requirements of Loi Macron. As reported by the transportealdia.es portal, gendarmes check whether drivers have adequate documentation.
Pursuant to Decree No. 2016-418 of 7 April 2016, it should consist of:
– a valid certificate of posting (attestation de détachement),
– employment contract translated into French,
– A-1 certificate (obligation from April 1, 2017).
In addition, every foreign employer must appoint a representative for the period of posting an employee to France.
New higher penalties
On September 6 the French law came into force, which changes the amount of a fine imposed by the Labor Inspectorate for infringements of the provisions of Labor Code. Some of them will be particularly important for foreign carriers, because they concern offenses related to the provisions on the posting of employees.
Administrative penalties for violation of the French posting regulations will be stricter. The Act provides for EUR 3,000 fine imposed on the employer for one violation, i.e. 1 thousand more than before. On the other hand, in the case of repeated infringements – within two years from the first offense (not 1 year, until recently) – the penalty increased from EUR 4,000 up to EUR 6,000.
In addition, as provided for in the Act, the total amount of penalties may not exceed EUR 500,000.
Stricter penalties will be imposed on carriers after publishing the executive decree to the Act in the French Journal of Laws, i.e. most likely within the next two months.