Employer Compliance Checklist for Posted Workers to France
Sending staff to work temporarily in France can boost your project, but it also exposes your company to some of Europe’s strictest labour-inspection rules. Since the 2025 Immigration & Integration Act reinforced posted-worker controls, inspectors now have instant access to frontier and wage databases—and fines can reach €4,000 per employee per infringement (Labour Code L1264-3). Use the checklist below to stay compliant from day one and avoid painful sanctions or site shutdowns.
1 Understand Who Qualifies as a “Posted Worker”
A posted worker is an employee sent by his or her regular employer to perform services in France on a temporary basis while remaining on the foreign payroll (Labour Code L1262-3). Typical scenarios include:
- Cross-border service contracts (construction, IT installation, consulting)
- Intra-group assignments within multinational companies
- Hiring through an international temp agency
If you recruit locally or place the worker under the direction of your French client, the status shifts and local French employment law applies in full—including work-permit obligations. When in doubt, contact ImmiFrance or your labour lawyer before deployment.
2 File the SIPSI Prior Declaration (Déclaration préalable de détachement)
Since July 2024 every employer—even EU-based—must transmit an online posting declaration via the government’s SIPSI portal before the worker sets foot in France. Key points:
- Create a company account on SIPSI.
- Upload corporate ID, service contract, and A1 certificate.
- Enter assignment dates, sites, and each worker’s details.
- Pay the €40 processing fee per assignment (2025 rate).
- Keep the PDF acknowledgement (accusé de réception) on site.
Failure to declare may trigger an immediate work stoppage and a fine up to €10,000 (Art. L1264-1).
3 Designate a French Representative
Article L1262-2-1 requires you to appoint a local representative able to liaise with labour inspectors 24/7. The mandate must:
- Be written in French.
- State the representative’s identity and contact details.
- Empower them to present records (contracts, payslips, medical checks).
Many companies use ImmiFrance’s partner network of payroll bureaus to fulfil this obligation and host documents securely.
4 Secure the Right Social-Security Coverage
• EU/EEA companies: obtain an A1 certificate from your home social-security body covering the entire mission.
• Non-EU companies: register under France’s “convention bilatérale” (if one exists) or enrol in French social insurance within eight days of first work activity (Code de la Sécurité sociale L243-1-2).
Carry the A1 (or French attestation d’immatriculation) at each site; inspectors ask for it first.
5 Check Work-Permit Triggers for Third-Country Nationals
If your posted worker is not an EU citizen, the following apply:
- Short missions (≤ 90 days) in exempt sectors (IT, auditing, trade shows) normally do not need a work authorisation.
- Construction, cleaning, security and long-term projects do require an autorisation de travail via the ANEF-Emploi portal. See our guide to the 2025 quota system for work permits for occupation lists and timelines.
Add the work-permit PDF to your SIPSI file.
6 Guarantee French “Core Employment Rights”
Even when the employment contract stays abroad, you must apply France’s protective “noyau dur” rules:
- Minimum wage (SMIC €11.72 gross/h in 2025) or the higher branch collective agreement rate if applicable.
- Maximum 48 hours per week and 10 hours daily.
- Paid leave, public-holiday pay, night-shift premiums.
- Equal treatment regarding gender equality and anti-discrimination.
- Health-and-safety standards identical to local workers.
Provide translated payslips showing compliance.
7 Prepare the On-Site Document Folder
Inspectors can arrive without notice. Keep these in French at the workplace or with the representative:
| Required Document | Validity Period |
|---|---|
| SIPSI receipt | Whole assignment |
| Employment contract & addendum | Whole assignment |
| Payslips (last 3 months) | Up to date |
| Time-sheets | Up to date |
| Proof of wage payment (bank statements) | Up to date |
| A1 certificate or French registration | Whole assignment |
| Occupational-medical clearance | 2 years |
Electronic storage is allowed but access must be immediate.
8 Monitor Working Conditions in Real Time
The Labour Inspectorate now cross-checks SIPSI data with France’s new “Contrôle Travail” portal introduced in 2025. To avoid red flags:
- Upload schedule changes on SIPSI within 48 hours.
- Use geolocation or QR code badges to log hours accurately.
- Conduct weekly toolbox talks on safety; keep signed attendance sheets.
9 Know the 2025 Penalties Grid
| Breach | Fine per Worker | Additional Measures |
|---|---|---|
| No SIPSI declaration | up to €10,000 | Work stoppage for 2 months |
| Missing representative | €4,000 | Administrative closure of site |
| Pay below SMIC/branch | €4,000 | Back-pay order + 1-year exclusion from public tenders |
| Repeated offense (within 2 years) | +50 % | Criminal referral |
Full details are in the Ministry circular of 12 February 2025, but remember inspectors can combine fines.
For a deeper dive into sanctions and defense strategies, read our internal guide on Employer Sanctions for Hiring Undocumented Workers in 2025.
10 Archive for Five Years After the Mission
Even after your staff return home, you must store the entire file securely and make it available within 15 days of any request by French authorities (Art. R1263-1-2). ImmiFrance offers encrypted cloud vaults with automated deletion alerts at the five-year mark.
Frequently Asked Questions
Do I need a French work permit if my company is established inside the EU? Generally no, provided the employee is an EU/EEA national. However, third-country nationals posted by EU companies may still need a permit for certain sectors. Always check the job list and duration before travel.
Can I submit one SIPSI for multiple sites and dates? Yes, if the sites belong to the same client and the total period does not exceed 12 months. Otherwise file separate declarations.
What happens if an inspector finds underpayment but my payroll is abroad? You must pay the difference immediately, in France, either to the employee or into the Caisse des Dépôts. Failure triggers penalties in the table above.
Next Step: Get a Compliance Audit Before Departure
A 15-minute preventive call often costs less than one missed document during an on-site raid. ImmiFrance’s multilingual team can:
- Review your contract and sector to confirm posting eligibility.
- Draft the SIPSI in French and upload supporting files.
- Act as your local representative and host mandatory documents.
- Arrange fast work-permit filings when needed.
Book your free eligibility review today at ImmiFrance.com and start your project in France with total peace of mind.