Ordonnance n°2019-116 of 20 February 2019 implementing the Directive (EU) 2018/957 of 28 June 2018 set some new rules on the posting of workers which entered into force on 30 July 2020. 

These new rules include these provisions: 

• Principle of equality of remuneration: the Ordonnance n°2019-116 broadens the fields in which the employer must ensure to the worker posted in France an equality of remuneration with the workers employed by the businesses of the same industry sector established in France, by adding the remuneration (meant as the salary, the bonus and the various benefits) and the reimbursements of business expenses (Article L.1262-4 of the French Labour Code). 

• Framework and new obligations in the field of the posting of temporary workers: the Ordonnance n°2019-116 confirms the regularity of multi staged posting of workers. The Article L.1262-2 of the French Labour Code clarifies that a temporary employment agency (TEA) established outside of France may post workers not only within a French user company, but also within a non-French user company which undertakes temporarily an activity in France. The ordonnance also imposes a new obligation of information to the user company, owed to the TEA and retrospective duty of justification of the execution of this obligation in case of control by the Labour inspection (Article L. 1262-2-1 of the French Labour Code). 

• New status of « long duration » posted worker: the length of the posting of worker is limited to 12 months with the possibility of an extension to 18 months. From the 13th month the posted worker will be subject to all the provisions of the French Labour Code applicable to businesses established in France except the provisions on the conclusion and the termination of the employment contract (Article L. 1262-4 of the French Labour Code). A possibility of derogation is available to employers who address a motivated declaration to the administrative authority before the expiration of the 12-months period. 

• Reinforcement of sanctions: the Ordonnance n°2019-116 sets new sanctions, among which a sanction against the posting employer in case of breach of the provisions applicable to the determination of the SMIC (minimal wage) and to the minimum wages set by the applicable collective agreement (Article L. 1264-2 of the French Labour Code). 

In the light of these new provisions increasing the protection of posted workers, posting of workers in France should be undertaken with the greatest care, making sure that these operations respect the French regulations, including the collective agreements, to avoid penalties which can amount to 4.000 € for each posted worker concerned by the breach (and up to 8.000 € in case of repeated infringement).