Firms not established in France bringing in personnel to work on the French part of the site
At the request of the French authorities, CERN issues access cards to the employees concerned by the legislation exclusively on presentation of the receipt relating to the declaration of their secondment sent to the competent labour inspectorate.
As from 1 October 2016, the "déclarations de détachement" (declarations of posting) referred to in sections R.1263-4-1, R.1263-6-1, R.1263-5, R.1263-7 and R.1263-12 of the French Code du travail must be sent prior to any intervention to department UC1, Section 5 of the Direction régionale des entreprises, de la concurrence, de la consommation, du travail et de l’emploi (DIRECCTE), exclusively via the SIPSI online portal: http://www.sipsi.travail.gouv.fr.
We should like to take the opportunity to remind you of the following:
a) Information is available online at the following address: http://travail-emploi.gouv.fr/droit-du-travail/detachement-des-salaries/article/le-detachement-temporaire-en-france-d-un-salarie-d-une-entreprise-etrangere. Alternatively, you can contact Section 5 of the office of Inspection du travail (labour inspectorate), either by calling their helpline or by making an appointment (both on Tuesdays only).
b) A representative of the company in France must be indicated in the online declaration of posting. This can be any natural or legal person resident in France.
b) Subject to certain exceptions, when a firm that is not established in France provides a service in that country, the employees it temporarily seconds are subject to public order provisions as well as to the provisions of collective agreements applicable to employees of firms in the same sector established in France, notably in respect of social security arrangements, remuneration and working hours and conditions. This means, for instance, that the salary must be at least equal to the French minimum wage (SMIC) for each hour actually worked and to the minimum salary laid down by collective agreement for the job concerned.
Exceptions: except where employees are seconded for construction work, the provisions relating to the minimum paid annual holidays and the minimum salary shall not apply to employees seconded for a period not exceeding eight days for initial assembly or installation work. The work must form an integral part of a supply contract, be essential to the commissioning of the equipment supplied and be executed by the supplier’s skilled or semi-skilled craftsmen.
c) The French authorities require all correspondence with them to be conducted in French.
d) The information provided at bidders conferences organised by CERN represents only a general guideline and does not absolve firms of their obligation to obtain the information independently (e.g. from legal advisers, financial bodies or the competent authorities).