At the end of 2017, France withdrew from introducing an additional fee for the use of the SIPSI system. Instead, the functioning of this online platform for the posting of employees is to be financed by employers who break the rules of posting.
Let’s remember that from 1 January 2017 the obligation of every employer sending an employee in France is to submit a certificate through the SIPSI tele-information system. In addition, from 1 January 2018 an additional fee of 40 euro for each employee was to be introduced. The basis for its imposition on employers was the so-called El Khomri Act of 8 August 2016, prepared by the controversial Minister of Labor in the French government Myriam El Khomri.
France, however, abandoned the introduction of this fee. According to the official position taken by the French government in December 2017:
This fee is currently in force and will not take effect in the near future for legal and technical reasons. Do not pay attention to incorrect or partial information. We will provide you with the correct information regarding this measure in the shortest possible time.’
Fees for using the SIPSI system only for punished employers
As announced, France has returned to the subject of the fee for using the SIPSI system. On 9 January 2018, information appeared on the website of the French Ministry of Labor that the stamp duty of 40 euros collected from all foreign employers would replace the new fee. It will only be imposed on employers who have been punished for failing to meet their current legal obligations regarding the posting of workers to France. According to France, this action is in line with the current government policy. It aims to fight the publication of false information in posting certificates.
For now, we do not know the details of the regulations for charging the new fee, as the relevant decree has yet to be published by the French government (probably as early as in January 2018). Due to frequent changes in position concerning this matter, it is also necessary to postpone the assessment of the effects of the introduction of the new law, pending the actual adoption of new implementing provisions for the „Loi Macron” act.