I had my girls over for lunch yesterday, one lives in the UK and is over for a flying visit, the other lives in France quite near to me. The youngest has been here since she was 8 years old and did the most of her schooling here and at 28 is working. Here is the thing, her boss told her last week that if there is a Brexit of any kind he will have to let her go because the French authorities will charge him an extra tax for employing someone who is not from an EU country.
Unfortunately this does seem to be potentially the case
“Pour les contrats de plus de 12 mois, l’employeur doit également verser à l’OFII une taxe de 55 % d’un mois de salaire brut dans la limite de 2,5 SMIC.”
Remains to be seen whether the French government applies this to Brits after Brexit. I would have thought that very possibly they won’t, on the grounds that it’s a one-off tax due when the employer first embauches the employee, and your daughter is already embauched. But since it’s not a situation that has ever arisen before I guess a decision is needed and I haven’t seen it mentioned anywhere yet. Has the employer been officially told that he will have to pay this tax, or is he assuming it?
Even worst case scenario it’s a bit mean of him - surely a one off payment of around half a month’s salary is not more expensive than recruiting and training a replacement? unless there’s more to it that I don’t know about. And does he even have the right under the Code du travail to “let her go” for this reason?
They certainly do, Brit wannabee workers in the EU are going to be hardest hit by Brexit. But France has committed to ensuring minimum disruption to the lives of Brits already established in France, and I believe provisional legislation has already been put in place to enable workers already employed here to keep their jobs. I don’t think there is any question of “rights” in this case, her rights per se are protected. The question is whether the employer will have to pay the extra tax.
OK… I’m not au fait with employing folk… but didn’t I see something on the forum last week… French Legislation outlining all sorts of things for those from the UK who are already working, retired, etc etc in France…
Sounds like Bob’s daughter ought to be able to get the necessary paperwork… and what about French Nationality ???