Posting of an employee from a firm non-established in France
In accordance with the Macron Law of 6 August 2015, societies that are not established in France have an obligation to appoint a legal representative for the posting of their own employees.
The firms also have to create a SIPSI account and fill the preliminary declarations before each posting.
The French companies, contractors, are considered jointly responsible in case of serious breaches. In case of non-compliance, penalties up to 2000 euros and 4000 euros can be incurred per employee if the offence is repeated are established.
A professional identification card BTP is now mandatory from the month of March 2017 for each employee.
Posting of an employee from a firm non-established in Italy
The legislative decree No 136 of 17 July 2016, applicable from 26 December 2016 is identical to the Macron Law.
All the companies not established in Italy also have an obligation to appoint a legal representative for the posting of their own employees.
These firms have to fill an attestation of posting before each mission.
Role of the legal representative in France and in Italy
The legal representative has the role of:
- collecting the mandatory documents provided by the companies
- safekeeping these documents for the appointed time as set out by the laws
- submitting these documents to the French or Italian administrative authorities on their request
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