This is an explosive issue that is growing. In 2015, France had 286,000 workers posted on its territory, a figure up 25% year on year. Mainly from Poland, Spain and Portugal, 16% of them work directly in the industry. For several years, the discontent rising in many areas against the phenomenon.
The last note of the Treasury tries to minimize the fears of “social competition”. When a company employs a worker posted to France, paid social security contributions are those of the country of origin. However, the French social law and French minimum wage applies. The senior officials emphasized that at the minimum wage, there is no further recourse to posted workers. “In France, the employer contribution rate is average among the highest in Europe, but at the level of the minimum wage, it is located below the European average because of the targeted exemptions,” said the note. Even taking into account possible tax optimization of Employers (minimizing the base for social security contributions), a worker at the SMIC costs 1681 euros to the employer, against 1,788 euros for a Spanish or 1619 euros for a Romanian seconded to France .
Harden control
Why use once? In some sectors such as construction, “the lack of skilled labor required for the job justify recourse to posted workers,” said the note. Bercy however recognizes a major limitation to the demonstration. For wages above the minimum wage, payroll taxes again become heavier in France. While the detached work relates to 83% of the workers. Only 5% of posted workers are actually personal supervisor, according to official figures. But, “it is likely that the same qualifications, remuneration of local workers is higher” recognized the study, while the minimum wage is 218 euros in Romania and 955 euros gross in Poland only. Added to this is the risk of fraud and the “gray areas of European legislation”.
To limit abuses, the Treasury believes it is essential to tighten control. Steps in this direction are also contained in the labor law. In March, the European Commission proposed applying the principle of “equal work, equal pay” to the posted work. In Brussels, the discussion may be long absence of agreement with the former countries of the East
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