What a posting really means
A posting, or secondment, is when your employer sends you to work temporarily in another country while remaining your employer, and you are expected to come back afterwards. It differs from local recruitment, where you sign a new contract with a foreign company, and from a lasting transfer to a subsidiary.
The word alone, however, does not establish which rules apply. Depending on the host country’s rules and on those governing your social protection, an assignment abroad can fall under different statuses. So check the actual conditions instead of settling for a label in a letter.
The assignment letter: the document to insist on
Ask for an assignment document that states the objective, the place, the expected duration, the people responsible for follow-up and your main duties. It should also give your pay, your travel arrangements, the expenses covered and how they will be reimbursed.
This paper is your reference in case of disagreement. A posting agreed only by word of mouth, with promises about housing or a bonus, invites misunderstandings that surface only after several weeks on site, when it is harder to negotiate.
Go through the assignment letter with someone outside the company, such as a staff representative or a legal adviser. They will spot vague wording, for example an allowance with no amount or payment date, which you might skim over because the prospect of leaving excites you.
- The objective and scope of the assignment
- The exact location and the expected duration
- The person in charge of follow-up at home and at the host site
- Pay and variable elements
- Expenses covered and the receipts required
Social protection: formalities to verify, not to assume
During a posting, the question of which scheme you contribute to is central. In some cases, registration with your home system can be kept under certain conditions, with certificates to provide; in others, the host country’s system applies. Everything depends on the country, the duration, the nature of the assignment and the coordination rules in force.
Cleiss and Urssaf provide general information on these situations. Work with human resources to list the certificates you need before departure, and keep them: you may have to show them to a foreign institution, an inspector or a doctor.
Host-country obligations, including those on employment
The host country’s rules may apply to your assignment, in particular on working conditions, prior declarations or authorisation. They vary by country and sector. For the European area, the Your Europe website gives pointers on the posting of workers and refers you to the authorities concerned.
Ask your employer who carries out these steps and by what date. If a declaration has to precede your arrival, you need to know it has been made. Simply using the word posting in a letter does not prove that every condition is met.
Costs, housing and benefits: put everything on the table
A posting often brings new expenses: double housing, trips between the host country and France, children’s schooling, insurance, possible taxes. Clarify what the employer pays directly, what it reimburses and what stays with you.
Ask how costs incurred before your departure will be handled and within what time they will be repaid. An insufficient cash advance would force you to dip into your savings, which probably was not in your original budget.
Check the tax question as well. Depending on the length of your stay, where your family lives and the treaties between the two countries, you may stay taxable in France, become taxable abroad or be taxed in both, with mechanisms to avoid double taxation. Ask the tax authorities before leaving rather than finding out the answer when you have to file your return.
A short case study: a technician sent to a site abroad
A maintenance technician has to supervise the installation of equipment at a foreign client’s premises. Before leaving, she obtains an assignment letter, the social protection certificates the client has asked for and a confirmation of her working hours. She also asks who will assist her in case of an accident on site.
She has it specified that her travel costs will be repaid within a time limit fixed in writing, on presentation of receipts, and she notes down how her family will be informed in an emergency. Nothing spectacular, but these details head off most of the usual disputes.
The return: the point everyone forgets to negotiate
A posting comes to an end. Before leaving, ask under what conditions you will go back to your job or an equivalent one, on what date, and what happens if the assignment is extended, shortened or interrupted. Have these points written down, even if the company assures you the return will go without saying.
Ask the company about career progression during your absence as well. A posting that management values is an asset, but it can also keep you away from internal decisions. Stay in regular touch with your manager in France.
Questions to put to human resources before you sign
Prepare a list of written questions and send it before the meeting. Who is my contact if something goes wrong? Which social protection applies? Which documents should I take with me? How are leave, local public holidays and trips back to France handled?
Lastly, ask what remedies you have if the announced conditions are not respected. A serious employer accepts these questions as normal and answers them clearly, which is already a good sign of how the posting will be run.
Frequently asked questions
What is the difference between a posting and an expatriation?
A posting is generally temporary and keeps your link with your original employer, with a planned return. Expatriation covers varied situations, sometimes with a local contract. The exact statuses, and their effects on social protection or tax, depend on your contract and must be checked.
Can my employer force me to accept a posting abroad?
That depends on your employment contract, the applicable collective agreement and the rules in force. If your contract includes no mobility clause, a written agreement is often needed. If in doubt, consult staff representatives or a competent adviser before replying.
Who deals with the social protection formalities?
In principle the employer, but you should check that the steps were completed before you leave. Ask for the relevant certificates and keep them. A foreign institution, a doctor or an inspector may ask to see them during the assignment.
What happens if the assignment is extended?
An extension can change the social protection scheme, the host country’s formalities and your pay. Ask for a written amendment before any extension and check with the competent bodies whether new steps or certificates are required.