Amended Posting of Workers Directive-France is taking the lead

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After being the first Member State to transpose into the national legislation Directive 2018/957/EU (ordinance published on 21 February 2019), France brings a response to the question of postings initiated before 30 July 2020.

The SIPSI online platform does not allow sending of notifications for periods start before 30 July 2020, and end after that date. Two distinctive notifications must be sent.

Example: a posting period starts on 1 January 2020 and will be ending on 31 December 2020, must be covered by two distinct declarations, the first for the period 1 January to 30 July, and the second for the period 31 July to 31 December.

With simple words, as of 31 July 2020, the amended PWD, will produce its effects for postings initiated before that date (however not retroactively).More ever, pursuant to Article 7 Ordinance n° 2019-116 of 20 February 2019, in determining the period of 12 months, periods of posting already completed before 30 July 2020, must be considered.

It is still unclear whether the period of 12 months, is deemed to be the effective duration of uninterrupted posting completed by an individual worker/several workers, or the cumulative duration of different (discontinued) posting periods completed by one or several posted workers, carrying out the same task at the same place of work, calculated from the beginning of the (first) posting ?

Provided that about an uninterrupted period, does a brief interruption of the posting period, whatever the reason, and where during that period,  the task at the relevant place of work is carried out by  “local” employees ,give rise to a new (12 months) posting period?

Tanel Feldman

Senior Partner , Immigration Law Associates

Immigration Law Associates provides in-depth advice on rights and obligations triggered by the cross-border element of a given legal situation. Our know-how is built on an extensive experience in EU law and is supported by a network of partners across the EU. Social security coordination : • Autonomous application of the social security coordination regulations and ECJ case-law, to any situation involves a cross-border element EU Company law : • Establishment -permanent activities • Establishment -self-employment activities International Private Law : • Law applicable to the employment relationship Labour and employment law : • Freedom of movement of workers-equal treatment, access to social benefits • Employment contracts and termination of employment • Working conditions • Employee benefits • Transfer of undertakings • Authorisations of work for third-country nationals Special regimes : • Posted workers • Frontier workers • Highly mobile workers • Employment of record • Intra-EU mobility of third-country nationals

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