© - ATH all rights reserved - Edition 2024 70 EMPLOYER’S GUIDE 2024 APPLICABLE EMPLOYMENT LAW Irrespective of the length of the assignment abroad, the employer and the employee can, in principle, agree on what law is applicable to the employment contract during the period of mobility : French law, the law of the host country or either one according to certain points of the employment contract. The principle of freedom of choice of applicable law includes a limit relating to the mandatory provisions of the host country's « public policy laws ». If no choice is made, the employment contract is in principle governed by the law of the country where the employee usually works. In France, the rules relating to pay, working hours and holidays are considered to be public policy laws. CONSEQUENCES ON THE EMPLOYMENT CONTRACT When the employee works abroad, his/her employment contract must be adapted to this situation. Certain compulsory information relating to working conditions abroad must be mentioned. Sending an employee abroad when his/her employment contract does not include a mobility clause constitutes a modification of the employment contract, requiring the prior agreement of the employee. An addendum to the employment contract will need to be drafted. When an employee who normally works in France is called upon to work abroad for more than four consecutive weeks, the French Labour Code provides the minimum information that must be sent to him prior to departure. In principle, French collective agreements are not applicable to employment contracts performed abroad. However, a collective agreement can include specific provisions for employees working abroad. The employment contract can also include certain provisions of the collective agreement. If a local employment contract is signed, it will then be necessary to organise what will happen with the initial employment contract signed in France. Ask us about the clauses to be included in an international employment contract. The employer must ensure that the employee has the visas and/ or work permits required by the legislation of the employing country. WORKING ABROAD 34 What you need to know : When an employer based in France decides to send an employee on an assignment abroad, this has consequences on the working relationship as well as the social security system. In particular, it has to be determined if the assignment will be in the form of a posting or an expatriation. These two concepts are not defined by the French employment code, although posting is identified under social security law.
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