Further to circular 022/2015 from 01/12/2015 on Macron Law, we have been waiting for an Enforcement Decree from the French authorities, which was recently published on 9 April 2016. Going forward, Guretruck/Truckcontroller will use the term “Macron” to refer to the application of the Macron Law and salary regulation in France.
1) The Decree
From 1 July 2016 onwards, Macron will be applicable to all cabotage and international transport, excluding transit transportations.
A template certificate must to be sent via a nominated website (both the website and the template are to be published by the French authorities). The certificate will contain:
- Full company name, address and telephone number; full name and date of birth of the company manager; name of the company’s social security authority;
- Worker’s full name, date of birth, address and nationality; date of signature of the employment contract, applicable law to the contract and the worker’s qualification;
- compliance with the minimum gross wage per hour worked in France (9,67€), excluding expenses and accommodation;
- Company policy on daily accommodation and meal allowances in France;
- Full name of the company representative in France (Guretruck could be appointed for this purpose);
- Evidence of registration to the company’s national electronic register;
- Start and end date of the journey through France.
Each certificate will be valid for 6 months and an individual certificate should be sent for each driver.
Drivers must carry on board their vehicles:
- The certificate; and
- employment contract
For the purposes of inspections, driver payslips must specify the gross hourly wage, working periods and indicate hours for which the pay relates. Vacations and any holidays during these periods should also be indicated. Remember that payment by Km is expressly prohibited in France according to Art 10 of REG 561/06.
Fines:
- €135 for failing to carry the certificate on board or for incorrect completion of the certificate
- €2000 maximum for failing to complete the certificate or for not applying the minimum wage (€4000 for repeat offences within a year).
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