New rules on the posting of workers to France
16/08/2019 12:00

The regulations on the posting of employees to France have been improved. A section on combating illegal employment and abuse in connection with the posting of employees has been added.

Some conditions and restrictions on the posting of employees have been removed where the French state expects a lower risk of distortion of competition or social dumping– here are the most important changes:

  1. Definition of the posted employee:
    1. Employed by a company
    2. The company is permanently and properly operating outside the borders of France
    3. The employee is posted to France for a limited period of time
    4. The usual place of work of the posted employee must be outside France and in the posting company
  2. Formal facilitations only apply to individual sectors
    1. Artists who are active in France for no more than 90 days during 12 consecutive months
    2. athletes, referees, members of the sports coaching team, official delegates involved in the conduct or organization of sporting events for a period of no more than 90 days during 12 consecutive months
    3. trainees with international mobility who work temporarily in France as part of their training and whose presence does not exceed 12 consecutive months (the trainee's presence must not be linked to the provision of the service in France in which he/she is involved)
    4. Participants in symposia, seminars, scientific events; visiting professors and visiting researchers carrying out teaching activities lasting up to 12 consecutive months
  3. Facilitation for secondments „in one's own name“
    1. The posting company, where the posting worker is only posted for a short period of time, now has a total of 14 days to submit the required evidence to the labor inspectorate
    2. For employees who are posted on their own account, the principle of immediate submission of evidence continues to apply
    3. It is characteristic that no contract has been concluded between the posting employer and a beneficiary in France
    4. Note: there is no relief for postings within the group or between business units / sites
  4. &Amendment of the client's due diligence obligations
    1. In future, it will be the responsibility of the client (company (group/establishment) / contractual partner / service recipient in France) to check with the posting company that the corresponding declaration has been made in SIPSI for each posted employee. For this purpose, it is sufficient to submit the acknowledgement of receipt from SIPSI
    2. The client (company (group/plant) / contractual partner / service recipient in France) must obtain an affidavit from the sending company expressly certifying that any fines imposed have already been paid to the French state
  5. Information on the formal requirements of the posting:
    1. The posting notification must be submitted in SIPSI 48 hours before the posting
    2. A representative must be appointed in France. The representative is available to answer questions from the French labor inspectorate DIRECCTE
    3. The documents requested with the posting must be kept available in French in France
    4. In the construction industry, a so-called BTP card (professional card) must be presented during inspections

In summary:

Although some of the formalities have been simplified, it cannot be said that these two pieces of legislation have significantly relaxed the posting rules. Provided that none of the above-mentioned exceptions - which are rather rare in practice - apply, the formalities relating to the posting of employees to France remain largely unchanged for foreign employers and, in particular, for employers in the border region who regularly post employees to France.

Consular closing days of Islamic countries in August
22/07/2019 12:00

We would like to point out that the Islamic Feast of Sacrifice will take place from 12.08.2019 - 15.08.2019.

Due to this, consular closures at the embassies of Islamic countries are to be expected at short notice during this period.

If you need a visa or legalization for an Islamic country at short notice, please take this into account when planning your trip.

NEW VISA REGULATION: CHANGE TO NIGERIA'S VISA APPLICATION PROCEDURE
04/06/2019 00:00

The Nigerian Embassy informs:

Pursuant to a directive from the Federal Government of Nigeria, all visa applicants are hereby informed that as from May 6, 2019, visa applications will no longer be accepted at the Nigerian Embassy. All submissions from applicants must be made through our government authorized licensed agents.

Your DVKG





 

A1 certificates, reporting obligations and automation
28/05/2019 12:00

Good day, 

When posting employees and even on business trips abroad, social security issues are of immense importance in addition to residence and tax law issues. As an employer, you are confronted with innovations and administrative burdens. We will inform you about the handling of A1 certificates and the country-specific reporting obligations within the EU and the EEA. Employers are faced with the challenge of finding out about such trips from their employees in good time.

The event is intended to help you identify the actual practical problems, set priorities and show you how you can counter the increasing workload through automation / digitization. We would like to use specific cases from our practice to discuss with you where the challenges lie in complying with the rules and present solutions. We will also discuss whether the A1 certificate should actually be abolished, as there are currently considerable doubts about this.

First-hand information on the automation of reporting obligations is available from

  • Mr Sten Günsel, Partner at Ebner Stolz
  • Mr. Matthias Bosbach, Manager at Ebner Stolz
  • Dr. Julius Heintz, Managing Director of the DVKG

    • We look forward to welcoming you to our event. Further information is available here. 

    Best regards;

    Your DVKG team

    Russia: Passport photo is checked in detail
    27/05/2019 14:00

    The Russian consulate informs: 

    The passport photo must meet the following criteria: 

    The consulate compares the passport photo in the passport with the attached passport photo. If there is a similarity between the passport photos and a passport older than three months, the visa application will be rejected. Please attach a current passport photo to your documents or upload a selfie according to biometric specifications in your order and use the 'Digital Passport Photo Service'. 

    Your DVKG team