Posted worker and legislation

posted worker, definition

The European directive on the posting of workers ( 1996 ) defines the posted worker as " any worker who, for a limited period of time, performs his job in the territory of a Member State other than the State in whose territory he habitually works ".
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The text provides several scenarios of "transnational" work :

• Provision of services : industrial, commercial, artisanal, liberal or agricultural activity.
• Intragroup Mobility : provision of personnel between companies of the same group for a mission or training
• Providing interim : a temporary employment company can second employees to a company in France for one-off assignments
• Operation for his own account (self-service): a company established abroad , can temporarily detach its employees in France for one-off missions
• land-based transport activities are affected by the posting rules . However, some specific measures are applied to this sector (attestation mandatory detachment).

European Directive on secondment work

The working conditions of posted workers have to respect the legislation of the host country :

• Working conditions must be the same as for other non-seconded employees : minimum wage (if any), duration of paid holidays, maximum periods of work, security conditions, etc.
• Employer social contributions are due in the home country of the posted worker.
• Compensation must include overtime payments
• Accommodation costs are borne by the employer