Secondment
Welcoming seconded employees in full compliance
Helma International's Immigration Department advises you on the touchy posting workers’ legislation and assists you in corresponding immigration procedures. In particular, we prepare the required SIPSI declaration in France (or equivalent in the European Union) to ensure that your secondment complies with applicable law.
Compliance with posted workers legislation
Receiving a foreign employee raises many questions for an HR department, particularly concerning the status of the seconded employee, whose employment contract is by definition maintained with the foreign employer. Immigration procedure, labor law, taxation, employee benefits...
These complex subjects require that you be well informed about your legal obligations before seconding one of your employees or welcoming a foreign employee into your company.
Before the secondment
The foreign employer must submit a prior declaration of secondment before the arrival of the posted employee on French territory (or equivalent in an EU country).
The employer must also appoint a representative who is present in France throughout the secondment and who liaises with the Labor Inspectorate or any other competent authority (tax, police, customs, etc.).
This representative can be the client of the service and he/she fulfills these obligations on behalf of the employer.
Posted employees are governed by an European law: the Posted Workers’ Directive (PWD). The latter has been transposed into French law and requires strict equality of treatment between French and foreign employees, including:
- A remuneration equal to that of a French employee performing the same functions,
- The application of all French rights and benefits: minimum wage, thirteenth month, profit-sharing bonus, paid vacations, right to strike, health at work, etc.
- The reimbursement of professional expenses.
Secondment: Helma International assists you
Whether you are a foreign employer or a French host company, Helma International can answer all your questions and informs you about the obligations and formalities related to a secondment in France.
Our lawyers and consultants, experts in professional immigration, are at your side throughout the secondment of an employee:
- Our multilingual team assists foreign employers in all the steps of secondment.
- We train companies in risk management and best practices to be implemented during a secondment.
- We provide legal advice throughout the secondment process.
Preparation and filing of SIPSI declaration in France
Employers established outside of France who second their employees to French territory must submit a declaration prior to the secondment to the Labor Inspectorate of the place where the service is provided. This declaration must be made by any foreign employer (European or from a third country) before the employee works in France. The declaration is made electronically via the SIPSI teleservice.
Available in several languages SIPSI declaration, includes information about the employer, the seconded employee, and the company hosting the employee in France. In the event of an inspection by the Labor Inspectorate, the employer has 15 days to produce, through his representative in France, all the documents required for the secondment.
Our network of partners abroad also allows us to assist you with these formalities in other European Union countries that have adopted the EU Posted Workers Directive.
