To any French resident working for a UK company...

[Ringer<IMG src="http:forums.livingfrance.comimagesline.gif"><BR>Ringer (85)<BR>]

Do you know if your UK company has public liability insurance for you as an employee?.  I ask because a friend's UK employer (building trade) has told him that the company cannot obtain public liability insurance for someone who has no UK address.  A French insurance broker advises that such insurance is solely the responsibility of the employer and not "available or appropriate" for an employee.  I would have thought that without such insurance in place it would place either the employer and/or the employer on the wrong side of the law.  Has anyone come across this problem and does anyone know of a solution? Thanks. (85)

[BJSLIV]

If you mean working for a UK company in the UK, then surely they will have an address even if it is an hotel.

If you mean working for a UK company, working in France , then they most likely won't be able to get cover unless they are registered in France with French cover. Its hard to get insurance cover when you veer into the realms if illegal practices.

[Ringer<IMG src="http:forums.livingfrance.comimagesline.gif"><BR>Ringer (85)<BR>]

Thanks.  Yes, I do mean resident in France and working in France for a UK company.  My understanding from other topics and posts on the site is that it is possible to work in France for a UK company, legally.  All social security payments can be made etc.  Is this not the case?

[Will]

You are quite correct, it is possible in some circumstances. EU guidelines allow you to be employed by a UK company, or to be self-employed based in UK, and to work on temporary assignment in any other EU member state. Your employer needs to get the appropriate E form (usually E101 and one of a selection of other forms, such as E128, though these are being superseded by the European health card). This will allow you to pay tax and NI in Britain and give you access to the French health system. How long a 'temporary assignment' can be depends on agreement between the countries involved. In the case of GB and France it is usually two years. Longer than this, and your employer is supposed to set up a subsidiary company in France in order to employ you, which means you pay tax and social charges to the French system - and the employer is liable for French social charges too, which proves a bit of a stumbling block for smaller companies.

There is a major problem with this as far as building and similar work is concerned though. French law demands certain compulsory insurances, and it appears that suitable policies are only available in France, to French-registered businesses. So this effectively rules out building work in France carried out by a non-French company. It does go on, of course, but is regarded by French officials as being 'au noir'.

Hope this explains the situation to some degree.

[BJSLIV]

As Will has said it can be possible, but not in the building trade.

The major reason is that it is not possible for a UK company to comply with all the trade regulations, such as ten years guarantees etc. The company needs to become "French" by opening a registered French branch, with all the consequential overheads, charges etc etc.

This is why there are so many non-registered builders about, with all the attendant risks for their customers and employees! One of which your friend has discovered.

The situation will not change until / if the Bolkenstein Amendment is ratified by all members of the EU. The perceived threat from this particular bit of EU legislation was of course one of the major reasons for the recent French vote against the EU constitution.

 

[Ringer<IMG src="http:forums.livingfrance.comimagesline.gif"><BR>Ringer (85)<BR>]

Thanks for your help.  Much appreciated.

[cyclebum]

I worked for UK company in France and live in France. You have no rights regarding disputes with bosses if you work outside the UK for more than 6 months a year. After resigning did not recieve wages, bonuses etc... Went via usual channels, ACAS etc... Even minimum UK wage rule does not apply. Many bosses in this position are aware of these 'get outs' Take care.