From 1 April 2017, it has become an offence for an employer who posts a worker to France, where the worker is covered by an A1 certificate (or equivalent), to not be able to produce that certificate for an inspector.
There is an obligation for employers posting workers to France to inform the local authorities before the worker is posted, giving details of the worker’s salary (which must be translated into Euros if not already in that currency) and submitting other records during the employment..
They must also appoint a “legal representative” within France to deal with the local authorities (and potentially face the consequences of a failure to comply).
Penalties are high – €2,000 per worker for breaching any of the above, though it has been noted that being able to prove an A1 has been applied for but not yet issued may be sufficient.
It is unclear how this legislation will interact with the new French Social Security regulations concerning mariners which come into force on 1 July 2017. However it will clearly be advisable for anyone entering French territory – or territorial waters – to be clear on their social security coverage.
Both pieces of legislation, especially as they apply to mariners, are in their early stages with developments to follow.