A decree, taken in application of the law of August 2, 2005, which introduced into the labour code a chapter on transnational posting, was recently published in the Official Journal. It notably specifies what elements cannot be integrated into minimum wage and plans new obligations for foreign employers posting in France. Finally, it especially regulates postings by temporary work agencies and transportation companies located outside of France. (Ref. 071026)
The law of August 2, 2005 tried to find a balance between the need to fight against social dumping and the need to respect the free movement of services, one of the European Union’s central principles, which imposes to preferably apply the law of the State of origin and to reduce administrative constraint to transnational posting. More than two years after the adoption of this law which defines posted workers, specifies posting modalities and determines the French provision posted workers must benefit from, the application order No.
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