Posting of drivers to France
IMPORTANT UPDATE: The minimum wage in France (SMIC) has been increased by 2.2% as of May 1st, 2023.
In France, workers’ purchasing power is protected by an automatic revaluation mechanism enshrined in the law. This ensures that the minimum wage grows at least as fast as inflation. With this increase, the gross hourly minimum wage in France has risen from 11.27 euros to 11.52 euros, and the gross monthly minimum wage for a full-time worker has increased to 1,747.20 euros. Currently, the minimum wage (SMIC) is higher than some of the conventional wage scales in the transport sector, which has resulted in modifications to the minimum wage applicable to groups 3, 4, and 5.
Below, you can find the impact of the 2.2% increase in the minimum wage on May 1st, 2023 based on conventional wage scales in the transport sector. Please note that drivers of trucks and combined vehicles with a gross weight of over 3.5 tons engaged in international transport are considered equivalent to group 7 with a coefficient of 150M. Therefore, the minimum wage for these drivers should be €11.79 gross per hour.
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, | 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 | |
* 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.
|
| 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 | 11.52 € | +25% | +50% |
4 | Driver of a heavy goods vehicle weighing more than 3,5 T and up to and including 11 T GVW | 120M | 11.52 € | |||
5 | Driver of a heavy goods vehicle weighing more than 11 T and up to and including 19 T GVW | 128M | 11.52 € | |||
6 | Driver of a heavy goods vehicle weighing more than 19 T GVW | 138M | 11.52 € | |||
7 | Highly qualified driver of a heavy goods vehicle | 150M | 11.79 € | |||
Passengers transport*** | 8 | Coach driver – Worker in charge of driving a coach; assists the conductor, including handling | 138V | 11.9704 € | ||
9 | Coach driver/conductor – Worker in charge of driving a coach and collecting courier, luggage, and passenger receipts | 140V | 12.0579 € | |||
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 | 12.3074 € | |||
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 | 12.6064 € | |||
* 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:
- €11.81: work on public holidays and work on Sunday (less than 3 hours)
- €27.46: 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:
- €44.56: 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 €11.79/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.
