Posting of drivers to France

Posting of drivers to France

ATTENTION! The minimum hourly wage in France (SMIC) will increase by 1.81% on January 1, 2023. Thus the minimum hourly rate will be 11.27 euros gross on the basis of 35 hours per week.

In France, the purchasing power of workers is protected by an automatic revaluation mechanism enshrined in the law, which ensures that the minimum wage grows at least as fast as inflation.

After having increased by 0.9% in January 2022, by 2.65% in May 2022, then by 2.01% in August 2022, the SMIC will therefore increase again by 1.81% on January 1, 2023, i.e. an increase 6.6% over one year. Concretely, this represents an increase of more than 106.16 euros gross per month (more than 84.04 euros net per month).

National minimum wage applies to the transport sector when it exceeds the rates set up by the Transport of goods’ Collective agreement.

Below, you will find an updated table with an impact of the 1,81% increase in the minimum wage on 1st of January 2023 per conventional wage scales in the transport sector.

But first, in order to ensure the correct organization of the posted drivers’ work and remuneration in France, the transport company must follow the general rules and basic hourly rates applicable in France.

Therefore, the working time should be organized by respecting the working time and rest period rules mentioned below:

Working time and rest time rules

Goods transport undertakings

Passenger transport undertakings

Max. working hours per day

12 hours

10 hours*

Max. working hours per day for night work

10 hours**

10 hours**

Max. number of hours per week over 3 months

48 hours

46 hours

Max. number of hours per single week

56 hours for long-distance workers,
52 hours for other workers

N/A

Daily rest period subject to European regulations governing rest time:

11 hours, with the option for 3 reduced rest periods of 9 hours per week

Daily rest period for other drivers

10 consecutive hours in any 24-hour period

Weekly rest period subject to European regulations governing rest time

45 hours – option for a reduces weekly rest period of 24 hours in 2 consecutive weeks if this is compensated before the end of the third week.

Weekly rest period for other drivers

48 hours***

N/A

Breaks

30 min. for working between 6 and 9 hours per day
45 min. for working more than 9 hours per day
option to divide the breaks into smaller periods of at least 15
minutes each

* Possibility of 12 hours once or twice a week, up to a maximum of 6 times over a 12-week period. 

** For a night worker or an employee performing part of his/her work between the hours of midnight and 5 am in a 24-hour period. 

*** In successive rest periods of equal or unequal length, subject to a minimum of 35 hours at home and 24 hours away from home. 

Moreover, the posted driver to France should be paid according to the remuneration rules applicable in France based on the time spent in France.

In France, the remuneration rules for posted drivers are described by the universally binding National Collective Bargaining Agreement for Road Transport and Auxiliary Transport activities. Recently, the last 3 increases of the French Minimum wage (SMIC) exceeded some of the groups hourly rates agreed on the Collective Agreement 2020 October 23 so for these groups the French Minimum Wage of 11.27 € / gross / hour will be used as a basis starting 1st of January 2023.

Please find below a table describing the basic hourly rates in Euros applicable for freight transport workers and passenger transport workers starting 1st of January 2023:

Driver payment

 


Group

Definition of driver’s coefficient

Coefficient

Hourly  rate       

Extra hours paid*

36h to 43h per week, 152h to 186h per month  

More than 43h per week, more than 186h  

Freight transport**

3 bis

Driver of a vehicle weighing up to 3,5 T GVW

118M

11.27 €

+25%

+50%

4

Driver of a heavy goods vehicle weighing more than 3,5 T and up to and including 11 T GVW

120M

11.27 €

5

Driver of a heavy goods vehicle weighing more than 11 T and up to and including 19 T GVW

128M

11.27 €

6

Driver of a heavy goods vehicle weighing more than 19 T GVW

138M

11.27 €

7

Highly qualified driver of a heavy goods vehicle

150M

11.27 €

Passengers transport***

8

Coach driver – Worker in charge of driving a coach; assists the conductor, including handling
transported parcels and postal consignments

138V

11.27 €

9

Coach driver/conductor – Worker in charge of driving a coach and collecting courier, luggage, and passenger receipts

140V

11.27 €

9b

Tourist vehicle driver – Worker who has been driving a coach for at least two years and fulfils all of the conditions laid out in job descriptions 8 or 9

145V

11.27 €

10

Grand tourer driver – Worker who is normally responsible for driving a luxury coach with at least 32 seats; drives along tourist routes, i.e. for a duration of at least 5 days

150V

11.31 €

* Extra hours increase when working hours exceed the statutory maximum number of working hours per week (35 hours for long-haul drivers, 39 hours for short-haul drivers).

** According to the national collective agreement, the figures in the above table are increased, if aplicable, by:

  • €11.14: work on public holidays and work on Sunday (less than 3 hours)
  • €25.91: work on public holidays and work on Sunday (more than 3 hours).

*** According to the national collective agreement, the figures in the above table are increased, if applicable, by:

  • €42.44: work on public holidays and work on Sunday (regardless of the number of hours worked).

According to the French collective agreement, drivers of trucks and combined vehicles with a gross weight of more than 3.5 t engaged in international transport are considered equivalent to group 7 with a coefficient of 150M. The minimum wage for these drivers should be €11.27/gross/hour.

The hourly remuneration of workers in the road transport sector and auxiliary transport activities must be increased according to the years spent in the company: +2%, +4%, +6% and +8% after 2, 5, 10 and 15 years of work in the company, respectively.

Night work

For road freight transport, any working hour between 21:00 and 06:00 entitles you to a supplement equal to 20% of the indicative hourly rate (related to the coefficient of 150M).

More than one hour worked in passenger road transport between 21:00 and 06:00 entitles the relevant staff to compensatory rest corresponding to 10% of the night working time.

More information about other countries can be found here.

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