Action by posted employees to defend their rights and information for employers

Action by posted employees to defend their rights

Appealing to the Labour Inspectorate

Except in the cases of misuse, notification of the Labour Inspectorate by an employee of facts concerning the company that strike him or her as irregular is not an offence. The Labour Inspectorate may particularly be contacted to exercise scrutiny over statutory, regulatory or agreement-based provisions bearing on the working relationship between the employee and the company, identify violations of the labour legislation and facilitate dialogue and reconciliation between the employer and employee, with a view to preventing or settling a dispute (whether individual or class action).

Moreover, information that must be provided by any employer established in France, to staff in the premises to which posted workers providing services to customers established in France have access, may also be brought to these workers’ attention, including :

• The name, address and telephone number of the competent labour inspector;
• The name, address and telephone number of the occupational physician and emergency services (fire brigade, ambulance, etc.) ;
• The contact details of a helpline for enquiries and advice on discrimination and the terms for referring cases to the French Defender of Rights.

Exercising your rights before the Employment Tribunal

Posted employees may bring employment contract-related disputes before the Employment Tribunal in whose district the service is or was provided. If the service is or was provided in places within the districts of several Employment Tribunals, these disputes may be brought before any one of these courts.

Receiving assistance from employees' trade union organisations

In addition, trade union organisations representing workers can act before the courts on behalf of an employee regarding posting, without having to become a member thereof, as long as the latter does not object thereto.

Citizens' Advice Centres (PAD)

Citizens' Advice Centres (PAD) provide free legal consultations and information, assistance and guidance in administrative and legal procedures as well as access to mediation and reconciliation. They are open to everyone.

To benefit from a free consultation, you need to make an appointment by going in person, sending an email or calling them.

Information for employers

1. Contact the Regional Directorate for Enterprises, Competition Policy, Consumer Affairs, Labour and Employment (DIRECCTE)

   In the same way as employees, employers can also contact the nearest competent directorate to their workplace. To find out which one this is, click here.

2. Get information from an employers' organisation or business chamber

Companies posting employees to France can find out about the conditions for performing their activity in France by contacting the representative employers' organisations of the activity branches in which they operate. To find out the representative organisations, click here.

Companies can also contact business associations and chambers : 

• Chambers of commerce and industry,
• Chambers of craft and trade (info@apcma.fr), 
• Chambers of agriculture
• The chamber of professional services.