Certificate of secondment

The "Macron Law"

Since July 1st, 2016 foreign carriers seconding drivers temporarily in France for one or more times, must draw up a certificate of secondment in French, one copy must be kept by the driver in the vehicle (Macron Decree No. 2016-418 of April 7th, 2016).

The validity of this certificate is 6 months from the date of issue. During this period, the certificate may cover several missions or secondment operations.

Who is concerned ?

The new law known as the "Macron Law" concerns all international road hauliers of goods or passengers who carry out transport operations to or from France or cabotage on French territory.

Obligations

- JT FINANCES deals with the appointment of the representative in France. This representative must be able to provide the French authorities with the pay items of the driver during his presence in France : pay slip, wage converted in Euros, period and hours of work, holidays, proof of payment.

- The carrier undertakes to respect the French minimum wage (10.03 €/hour since 01/01/2019) on French territory.

- The carrier must provide each driver with a certificate of detachment dated and signed before the departure of the vehicle (validity 6 months from its date of issue).

- Each driver must have a copy of his contract of employment in his truck.

Control by the French authorities

On the road, the French authorities will check that the driver has his certificate of detachment and a copy of his contract of employment in his vehicle. In case of non-presentation, the carrier can be punished by a heavy fine (750 € to 4000 € in case of recidivism).

After this first check, the French authorities can contact the representative in France and ask him to provide additional documents (copy of the pay slip, period and working hours, etc.) to ensure that the driver is actually paid Minimum wage when traveling on French territory (10.03 €/hour since 01/01/2019). If this is not the case, the carrier can be fined up to 2000 €.

JT FINANCES and the representative in France can not be held responsible for the carrier's failures (parts requested not provided, wage obligations related to this regulation not respected, etc ...).