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Thegonnec
Thegonnec, Industrial Tribunal Judge
Category: European Law
Satisfied Customers: 1412
Experience:  11 years experience as a judge with Paris Industrial Tribunal
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Hi, I would like to find out the following: Assuming a

Resolved Question:

Hi,
I would like to find out the following:

Assuming a UK Based Limited company is sending an EU resident (not necessarily a UK national) to undertake a Receptionist or Porter job in France, in a Hotel or a Resort (or any other administrative roll for that matter). The employee will either be working as a Self Employed entity (i.e. he will be invoicing the UK company to get paid) or Directly Employed by the UK Company.

The questions are:
1. what are the implications/responsibilities or liabilities for the UK company in both cases described?
2. What type of a company should be used when incorporating
3. Would an A1 Visa be applicable in this case?

Thank you.
Joseph
Submitted: 2 years ago.
Category: European Law
Expert:  Thegonnec replied 2 years ago.
What you are offering to do is not legal under French law and would have you face a fine of at least 7500€. As a hotel porter or receptionist he will be subordinated to the hotel management which legally makes him salaried staff and subject to French employment law.
The UK company would have to set up a legal representation in France or appoint a legal and tax representative.
No visa would be needed for an EU national who can reside and work freely in France. For a non EU national, he would have to gain residency in France as well as a permit to work. This will be granted only if it can be ascertained that one cannot find any French resident or EU national to fill the position. The procedure varies depending on the nationality and family situation of the applicant.
Customer: replied 2 years ago.

Hi and many thanks for the answer.

Just before we conclude this Q&A, is that true to any sort of work within the Hotel/Service industry or just in particular to a porter or a receptionist within a Hotel or a resort? and if not, what positions would not breach French law.

Also, if the UK company employed a said employee not under any of the Hotel positions (in other words, not working for the hotel), say as a third party survivor or consultant would the same law apply?

 

Thanks.

J.

 

Customer: replied 2 years ago.

Is there going to be a reply to my question added?

Customer: replied 2 years ago.

Why i get no reply to my clarifications inquiry?

Expert:  Thegonnec replied 2 years ago.
This is true to any position in this industry or any sort of position that is normally filled by salaried personnel.
A consultant could be employed by the UK company and sent to France for a short term mission. But it really needs to be a consulting mission. If said "consultant" assumes any duty which should normally be filled by let's say a porter,a receptionist, a barman, a chambermaid,... one would fall back on my initial answer.
Thegonnec, Industrial Tribunal Judge
Category: European Law
Satisfied Customers: 1412
Experience: 11 years experience as a judge with Paris Industrial Tribunal
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