LEGAL UPDATES
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History Immigration Through 1945 1945–1973 1974–1980 1980–1985 1986–1988 1989–1992 1993–1994 1996 1997–2001 2002 2003 2004 2005 2006 2007 Social Security Social Welfare in Europe: An Historical Overview Taxation History of Taxation in France First century BC until 756 AD Church tithes Eleventh century until The French Revolution 1790–1914 Republican Tax from 1799 to 1945 from 1948 to 1976 from 1982 to 1999 from 2000 to 2006 Bibliography History of the OECD Model Tax Convention The ANAEM (National Agency for the Reception of Foreigners and Migration) was founded; the new Entry and Residence in France and Right to Asylum Code (CESEDA) took force, replacing the ruling dated 2 November 2005. The government became concerned about “dissimulated” or undeclared work and took measures to fight social dumping and relocation. 18 January 2005 - Act no. 20505-32 created the National Agency for the Reception of Foreigners and Migration (ANAEM). The ANAEM replaced the OMI Office of International Migrations, and took over all its responsibilities for welcoming foreigners in France (medical check-ups, administrative formalities for work permits, etc.). The ANAEM is also responsible for setting up the new reception and integration contract, which progressively came into general use throughout France. Signing this contract is not compulsory, but it is highly recommended for later getting a 10-year resident card. It provides new arrivals to France with a day of civics training, a personalized social evaluation and French language courses, where necessary. 1 May 2005 – The new Entry and Residence in France and Asylum Rights Code (CESEDA) took force. The Sarkozy Law repealed the effect of the 2 November 1945 ruling that had until now regulated the laws applying to foreigners in France and replaced it with the CESEDA, which only had its legislative part drafted. 29 May 2005 – A referendum in France rejected the European Constitution as drafted. The Netherlands quickly followed suit, even though numerous other countries had already ratified the constitutional treaty. The constitution was put on hold. 2 August 2005 – Act no. 2005-882 in favour of small- and medium-sized firms amended the Labour Code in order to limit social dumping and relocation within the European Union as much as possible. Foreign workers seconded to France were subject to French laws. In addition, employees of a firm established abroad whose main, regular and stable activity was carried out in France were not entitled to “secondment” status: they would have to be hired under a local French contract. This measure aimed to discourage firms established in France from relocating but continuing to have their main activity in France. A question remained: Will the Bolkestein directive cancel out these provisions for European nationals? In 2005 – The French administration, and the labour inspectorate, become progressively more preoccupied by “dissimulated” or undeclared work. This refers to the following situations regarding foreign workers: lack of a payslip, lack of a DUE (déclaration unique d'embauche—one-time employment declaration), not declaring overtime, etc. It is considered undeclared work when a foreign worker has “secondment” status when he/she should have “salaried employee” status, when a student has a temporary work permit and works as a company manager, or works for 35 hours a week when the work permit is only valid for 20, when an intern does actual work, etc. 27 October 2005 - A Ministry of Labour decree reinforced the laws against undeclared work: As part of service provision, contracting firms must procure documents proving that their partner firms do not use undeclared workers, and must do so when the contract is signed and every six months thereafter until the contract ends. |
| Last Updated on Thursday, 08 October 2009 17:59 |
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