New rules on the validity of the 'carte BTP'
by Elise Vanhamme and Elise Thijs
When sending employees to France to provide services or carry out a specific task, a foreign employer must comply with strict conditions and formalities. The main formalities have already been mentioned in a previous article. In addition to the general obligations, you must comply with additional conditions if the employees posted to France are to work in the construction sector. This term is broadly interpreted in French labour law. It covers not only activities that are in fact related to construction work, but also the furnishing, maintenance and repair of buildings, and embellishment works.
Current regulation
Every employee working in this sector must hold a specific identification card or carte d'identification professionnelle du BTP, also known as the 'carte BTP'. For employees working for a company based in France, this card is valid indefinitely.
For posted employees, i.e. those working in France for a company not established in France, this card was valid only for the duration of the posting. That duration was specified in the prior posting notification (the so-called SIPSI declaration). Each new posting, regardless of the duration, therefore required a new card to be applied for. This therefore also meant that an administrative fee had to be paid each time.
New rules from 1 April 2024
From 1 April 2024, the rules governing the validity of the BTP card for posted workers will change. According to the decree of 15 February 2024, the card of an employee posted to France by a foreign employer will be valid for 5 years.
At the end of this period, the card will be deactivated. If, within this period, a new posting is notified by means of a SIPSI declaration, the card will be reactivated.
Would you like more information about sending employees to France? Or are you looking for a partner to help you with your foreign postings? Don't hesitate to contact our experts!
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Elise Vanhamme
Senior Advisor Social Legal elise.vanhamme@vdl.be
Elise Thijs
Paralegal elise.thijs@vdl.be
Disclaimer
In our opinions, we rely on current legislation, interpretations and legal doctrine. This does not prevent the administration from disputing them or from changing existing interpretations.
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