Secondment of an employee or the problem of multi-activity?
Ms Ladjeroud-Bounaas can help you with international mobility issues. She can help you with the secondment of your employees and assist self-employed workers with their administrative formalities.
Case of an employee from the European Union
When an employee is seconded, he or she remains on the payroll and under the subordination of his or her employer. It is up to the employer to formalize the conditions of the secondment during the assignment, and the relationship with the host company, by means of an amendment to the employment contract.
Secondment is always temporary. Consequently, the secondment agreement provides for the employee's reinstatement at the end of the assignment.
The agreement also determines the social security legislation and regime applicable during the period of secondment.
When a company seconds one of its employees, it is the employer's responsibility to complete the obligatory formalities and comply with a number of rules.
The form relating to the applicable social security legislation must be made available to the labor inspectorate, on pain of financial penalties.
In principle, a seconded employee falling within the scope of European regulations is subject to the social security system of his/her country of origin. However, there are limits to this principle when the seconded employee works in more than one country.
In accordance with European regulations, an employee is considered to be pluriactivity when he or she works simultaneously or alternately on the territory of two or more EU-EEA-Switzerland member states.
In order to respect the principle of a single social security legislation, the regulations set out rules for determining the legislation applicable to people involved in multi-activity. Article 13 of European regulation no. 883/04 provides for the assessment of the place of residence as well as the place where the employee carries out his or her substantial activity.
The substantial activity of an employee in a pluriactivity situation is considered as soon as the working hours and/or remuneration of the employee concerned exceed 25% of the total activity.
Me Ladjeroud-Bounaas can help you with all these issues.
Subject to certain conditions and criteria laid down by the French government, Me Ladjeroud-Bounaas will support you throughout the process of obtaining your long-stay visa-skills passport.