FRANCE - Loi Macron

Source of information: IRU

Summary of the information given by the French authorities on Loi Macron during a seminar organised by the French Permanent Representation in Brussels

1. Scope It was confirmed that the French administration intends to apply the widest possible interpretation of posting; therefore, as of 01/07/2016 Loi Macron applies with regard to operators established outside France to:
2. all transport operations in the French territory (be it cabotage, point-to-point international transport, cross – trade);
3. pure transit operations are exempted (this includes occasional coach transport with tours being made in France without picking up or letting off passengers);
4. self-employed drivers are exempted (self-employed status to be proven by presenting an excerpt from a business register);

5. own account transports are exempted.

6. Certificate of posting Available here.

7. As of 1 January 2017 all pre-registration of posted workers in France under Loi Macron must be done via the new on line system accessible here

The certificate for one driver will be valid up to 6 months and CAN include more transport operations (i.e. it is to be understood as en bloc registration).

1. Documents on board A copy of the valid certificate must be kept on board the vehicle for control purposes and/or at the request of competent authorities.

In addition, the following documents must be kept on board the vehicle:

• the employment contract of the driver (translated into French);

• if applicable, a copy translated into French of collective agreements applicable to the employment contract.

1. Obligation to have a representative Inconclusive information was given. For the French administration, it is important to have a point for contact in case of foreign established hauliers. The representative can be, for example, a haulier or a lawyer who will need to have a complete set of documents should the French authorities want to review a particular case. The representative can be contacted for various issues such as the remuneration of the foreign driver and with respect to the ban on weekly rest in the cabin.

2. Minimum wage calculation Inconclusive information was given, namely on the structure and admissibility of allowances. The French administration indicated that allowances MAY NOT be taken into account when calculating the minimum wage. Additional information will be published on the dedicated website. If employment (and remuneration) conditions are more favourable to the driver in his or her Member State, Loi Macron does not apply in terms of wage, but evidence must be presented (on board or via the representative).

3. Enforcement Very inconclusive information was given. Controls should start on 2 July, although the French representatives indirectly admitted that there would be some leniency towards the operators in the first phase.

4. FAQ

5. Contact transportposting@developpement-durable.gouv.fr

6. The French Ministry of Transport webpage has been updated with new language versions (EN, ES, PT, IT, HU, PL, RO)