COMPANIES TEMPORARY COMPANIES TEMPORARY …
Transcript of COMPANIES TEMPORARY COMPANIES TEMPORARY …
VERSION UPDATED AT 14 SEPTEMBER 2017
www.cartebtp.fr
COMPANIES
ESTABLISHED IN
FRANCE
TEMPORARY
PLACEMENT AGENCIES
ESTABLISHED IN
FRANCE
COMPANIES
ESTABLISHED OUTSIDE
FRANCE
TEMPORARY
PLACEMENT AGENCIES
ESTABLISHED OUTSIDE
FRANCE
employing employees
performing construction or
public works or using the
services of temporarily
seconded employees
employing employees
performing construction
or public works
employing temporary
employees in France for
construction or public
works
employing temporary
employees in France for
construction or public
works
THIS DOCUMENT CONCERNS :
The Carte BTP, a professional identity card:
a new asset for working together to combat illegal employment and unfair social competition
QUESTIONS-
ANSWERS
[en]
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Decree No. 2016-175 of 22 February 2016 sets out the main features of the mechanism. The Order
of 20 February 2017 specifies certain terms and conditions and determines in particular the
conditions for the computer processing of data concerning employees and employers.
Summary
Broad framework .................................................................................................................................... 3
Objectives ....................................................................................................................................................................................................... 3
Calendar .......................................................................................................................................................................................................... 3
Scope ................................................................................................................................................................................................................. 5
Form and content of the Carte BTP ...................................................................................................................................................... 7
Price of the Carte BTP ................................................................................................................................................................................ 8
Management and support ........................................................................................................................................................................ 9
Applying for a card ................................................................................................................................ 11
Opening an account ................................................................................................................................................................................. 11
Initialisation of the request ................................................................................................................................................................... 15
Information to be provided ................................................................................................................................................................... 17
Payment ........................................................................................................................................................................................................ 21
Transmission and receipt of cards ...................................................................................................................................................... 22
Life of the card....................................................................................................................................... 24
Validity of the Carte BTP ....................................................................................................................................................................... 24
Presentation of the Carte BTP ............................................................................................................................................................. 26
Inspection and penalties ....................................................................................................................... 27
Inspection ..................................................................................................................................................................................................... 27
Penalties ....................................................................................................................................................................................................... 29
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Broad framework
Objectives
The new mandatory Carte BTP has been designed to combat illegal employment and unfair social competition
more effectively by making it possible for the employer at any time in the event of an inspection to prove that it is
complying with the obligation to declare all information relating to the personnel on a work site. In response to a
long-standing request by the Construction and Public Works (BTP) sector, it has been implemented pursuant to
Article L.8291-1 of the French Labour Code, introduced by Law No. 2015-990 of 6 August 2015 pour la
croissance, l'activité et l'égalité des chances économiques.
Calendar
The Carte BTP came into force on 22 March 2017, following the publication of the Order of 20 March 2017, as
provided by Decree No. 2016-175 of 22 February 2016. As from this date companies must apply for the Carte
BTP for those of their employees affected in line with a regional roll-out programme.
Does the obligation to request the Carte BTP apply to all the companies with immediate effect?
The Carte BTP comes into force for the companies covered by Decree No. 2016-175 of 22 February 2016 with
effect from 22 March 2017 under the following terms and conditions:
Application for the Carte BTP is mandatory for every new request for secondment of permanent or
temporary company employees for companies established outside France covered by Article R.8291-1 of
the French Labour Code. In the case of the secondment of temporary employees application for the Carte
BTP must be made by the user company established in France.
Application must be made for the Carte BTP for every employee of a company established in France
covered by Article R.8291-1 of the French Labour Code in accordance with the geographical deployment
calendar determined in agreement with the Public Authorities and in particular the regulatory bodies
concerned. The Carte BTP will come into force progressively in five stages corresponding as far as possible
to geographic zones.
For the concerned companies, the system is being deployed as a function of the actual site of the registered
office (SIREN) of the company, independently of the location of its various branches. A transition period of two
months has been provided. For companies established in France, with implementation in each zone, two
situations must be differentiated:
For permanent and temporary employees, to whom the Carte BTP already applies when the programme is
implemented in that zone, the employer must apply for the cards within a period of a maximum of two
months.
For permanent and temporary employees, to whom the Carte BTP applies after implementation of the
system in the zone, whether they have been newly recruited or newly seconded to tasks covered by Article
R.8291-1 of the French Labour Code, the employer must make immediate application for the cards.
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SPECIAL CASES
Intra-group mobility (other than posting): In this case the employee is required to change legal entity
within the same group (in France or from a third party country to France). This mobility is achieved by
concluding a new employment contract with the host company, with reinstatement of his years of service
with the group. However, once the new employment contract has been concluded, the employer will not
be entitled to take advantage of the two months applicable to employees, who are part of the workforce
already recruited on the date of entry into force of the Carte BTP. Consequently, if the employee
performs an activity relevant to the Carte BTP, his employer must apply for the card from the start of the
employee's mobility.
Intra-group posting In this scenario the employee of a company located outside France is sent on a
temporary assignment to a company within the same group, which is located in France, and there is no
need to conclude a new employment contract. In this case the employer must apply for the Carte BTP
from the start of the detachment.
The deployment programme is organised as follows :
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Scope
The new Carte BTP applies to all employees "performing construction or public works" (French Labour Code,
Article L.8291-1).
Does the Carte BTP apply to my company?
All employers, whose employees carry out, direct or organise, including on an occasional, secondary or ancillary
basis, construction work or public works are obliged to apply for the Carte BTP for the employees concerned.
The work integration structures (intermediary associations, work integration social enterprises) are subject to
the obligations from the moment they make employees or work sites available.
This obligation applies also for the same work:
to temporary placement agencies established in France,
to employers established in France, which second their employees in France,
to companies established in France, which have recourse to temporarily seconded employees.
For more detailed information, please visit Cartebtp.fr/FAQ.
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To which employees does the Carte BTP apply?
The Carte BTP applies to all employees, who "carry out, direct or organise, including on an occasional, secondary or
ancillary basis, construction work or public works".
In practice the Carte BTP is obligatory for employees who in their professional capacity carry out works, which
are listed in Article R.8291-1 of the French Labour Code: "excavation works, earthworks, sanitation, construction,
assembly and disassembly of prefabricated parts, interior or exterior fixtures and fittings, restoration or renovation
works, demolition or conversion, dredging, maintenance or servicing of works, refurbishment or repair, as well as the
painting and cleaning involved with these works and all directly-linked ancillary operations."
For more detailed information, please visit Cartebtp.fr/FAQ.
Which employees are exempt from the obligation to have the new Carte BTP?
The Carte BTP is not obligatory for employees, who never enter construction sites.
The following categories of employees required to move about on construction sites are exempt from the
Carte BTP:
1. Employees, who do not contribute directly to the works
Employees occupying posts which do not involve any mission on a construction site or work site listed in
Article R.8291-1 of the French Labour Code. These include the senior executives, managers with team
management duties, who do not intervene on a construction site or managers of support services
(payroll management, risk management, computer, maintenance, prevention and security, purchasing
and procurement service, stock managers, even if they are permanently present on a construction site,
provided that they do not perform any of the works referred to in Article R.8291-1.
Employees, who do not contribute to the conduct of material operations and the direct supervision of
construction sites.
For more detailed information, please visit Cartebtp.fr/FAQ.
Trainees (with the proviso that for the latter the supervisor must be able to submit all documents
attesting to their status as trainees).
Employees performing a cleaning activity, if this is performed subsequent to the delivery date for a
construction site (construction of a work, for example on an interior conversion or renovation site, etc.).
2. Employees of companies exercising certain occupations referred to in Article R.8291-1 of the French
Labour Code
The provisions applicable to the Carte BTP "do not apply to employers, whose employees exercise the following
occupations, even if they work on a site or a construction or public works site: architects, property surveyors, quantity
surveyors, health and safety coordinators, drivers and delivery agents."
By extension, employees acting in the capacity of surveyor-topographers, laboratory or site technicians
may not hold the Carte BTP.
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For more detailed information, please visit Cartebtp.fr/FAQ.
Similarly, HGV drivers, even if they enter earthworks and excavation sites to load and unload, for
example, may not hold the Carte BTP, for their activity is transport of goods or materials. Conversely
they are required to hold a card, if they are liable to intervene in another capacity on a site, such as
manoeuvring, for example.
The employees of equipment suppliers (such as turbines, boilers) affiliated to the collective bargaining
agreement for the metal industry do not have to possess a card to the extent that the services provided
are the provision or delivery of appliances or equipment products intended for the operation of the
building or the work. Conversely, if conversion work or the mounting of this equipment forms part of the
ancillary operations directly linked to the works referred to in Article R.8291-1 of the French Labour
Code, the employees must be in possession of a Carte BTP.
3. Employees intervening on a site on private property
Article R.8291-1 of the French Labour Code applies to all employees performing works in the construction and
public works sectors on behalf of a company. Private individual employers are not considered companies;
therefore their employees do not carry the Carte BTP. Conversely, the Carte BTP does apply to every
employee intervening on a construction and public works (BTP) work site "on the property" of a principal, who
is a private individual.
Form and content of the Carte BTP
The Carte BTP is a secure card made from polycarbonate, measuring 85 x 54 mm. The Carte BTP is an identity
card. In this respect it contains information relating to the employer (except for temporary employees) and to the
employee and must bear the photo of the latter.
What information is displayed on the Carte BTP?
The Carte BTP bears the following
information:
the name, forename and sex of the
employee,
the employee's photo (printed in shades of
grey),
the corporate name or the employer's
name,
a card number and its date of issue,
the UCF CIBTP contact details (on the
reverse).
In every case
the SIREN number,
the corporate logo, if desired (printed in
shades of grey),
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For employees of a temporary placement agency established in France: the Carte BTP bears the
heading "Temporary Employee" but provides no information of the employer (corporate name, SIREN,
logo).
For seconded employees of a company established outside France: the Carte BTP bears the heading,
respectively, "Seconded Employee" or Seconded Temporary Employee", but it does not bear the SIREN.
Finally, the Carte BTP bears a QR code1
, which allows verification of the card's validity by means of a mobile
application.
Is the Carte BTP formerly issued by the Congés Intempéries BTP offices still valid?
The Carte BTP formerly issued by the Congés Intempéries BTP offices to employees of construction and public
works companies may no longer be used on construction sites from entry into force of the new Carte BTP. All
the old cards are invalidated and in accordance with the defined deployment programme (see page 5)
employers must request the new Carte BTP for their employees.
WHAT IS TO BE DONE WITH THE OLD CARTE BTP?
Once the new Carte BTP has come into force the old cards must be returned by the employees to their
employer, so that they can be destroyed.
Price of the Carte BTP
Article R.8291-3 of the French Labour Code provides that "the costs related to the management of the
professional construction and public works identity card are covered by a fee", the amount of which is fixed by
1. The QR code is a two dimensional bar code, which makes it possible to store digital data (texts, web site addresses, etc.). It may be de-coded by
means of a mobile telephone fitted with a camera and the appropriate reader.
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the Union des caisses de France CIBTP and charged to the employers covered by the provision. The proceeds of
this fee are used strictly for the purposes of this remit.
What is the price of the Carte BTP?
The Carte BTP is subject to a fee paid for each card requested, in compliance with the provisions of the Decree
of 22 February 2016. The fee is 10.80 euros per card requested. This fee is payable by the employer (or, where
applicable, the user company) when application is made.
Illegal employment and unfair social competition cost companies millions of euros each year. The Carte BTP
involves all the stakeholders in a strengthened system for fighting these scourges.
To the extent that it applies to several types of employee populations (certain employees in companies within
and outside the construction and public works (BTP) sector, temporary employees, employees and temporary
employees seconded to companies established abroad), the application of a fee for each card requested
constitutes the most effective method of ensuring that all the companies concerned contribute equitably to
financing the system.
The unit price is the same, irrespective of:
the type of company or its country of establishment,
the employee's status,
the number of cards requested.
How is the price of the Carte BTP calculated?
The price has been calculated to cover as exactly as possible the costs of managing the system. These costs
include not only the manufacture and dispatch of the Carte BTP, but also the posts dedicated to this remit
(maintenance of the computer system, administrative and financial management, etc.).
Management and support
The Union des caisses de France Congés Intempéries BTP (UCF CIBTP) is a non-profit association administered by
the construction and public works entrepreneurs and craftsmen; it manages the BTP Construction Industry
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Holiday and Weather Risk Fund; it staffs and coordinates the BTP Construction Industry Holiday and Weather Risk
Fund offices (Congés Intemperiés BTP Network). The Decree implementing the law of 6 August 2015 designated
the UCF CIBTP to manage the Carte BTP system. To find out more about the UCF CIBTP, please visit the Cibtp.fr
site.
Is the Congés Intempéries BTP network my contact for the new Carte BTP?
The new system is entirely managed by UCF CIBTP on the Cartebtp.fr site. For all information and support, by
e-mail or by telephone, companies should visit: www.cartebtp.fr/contact.
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Applying for a card
Opening an account
The Carte BTP process is managed completely on line. To request the Carte BTP, the company must first of all
create an account on the Cartebtp.fr site.
How is the request for Carte BTP handled?
The process is completely digital: requests for the Carte BTP are made exclusively by Internet.
Each company must create an account on the Cartebtp.fr site to
identify and authorise the persons, who will be responsible for
managing the requests and the payment for the Carte BTP within the
company. For this purpose the company must supply a certain amount
of information (details page 13).
Once the registration has been validated and with effect from the
entry into force of the Carte BTP in the geographical zone, the
company may declare its employees or seconded temporary
employees, of whom it is the user, in order to request Carte BTP and
make payment.
RECOMMENDATION FOR THE REGIONAL DEPLOYMENT PERIOD
For the record, regional deployment applies to companies established in France, except for seconded
temporary employees, to whom they have had recourse.
The company may create the account at any time.
Applications for cards must be submitted during the deployment period relevant to the company,
depending on the place of establishment of its registered office (see programme page 5).
Who may open an account on the Cartebtp.fr site?
The account must be opened by a person authorised by the company, from the date when the company comes
within the scope of application of the system.
The request to open an account may be made by a person other than the person who will be designated as the
Administrator. However, it is only the Administrator, who has the authority to validate the creation of the
account. From then on the Administrator may create Users, to whom he may delegate rights on all or part of
the process of requesting Carte BTP.
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A Carte BTP Administrator in a group (more than one company)
What he may do: What he may not do:
Be the Carte BTP Administrator for more than one company
in the group. He is then the Administrator of that number of
accounts on Cartebtp.fr and in this capacity possesses the
same number of identifiers and passwords as the number of
companies administered on the site.
Delegate to one person the roles for more than one
company in this group by creating User rights for him on the
relevant accounts.
Delegate to several persons roles for the same company in
this group by creating User rights for each of them on the
relevant account.
Manage more than one
company on the same
Cartebtp.fr account.
Share the status of
Administrator with
another person: there can
be only one Administrator
per company and per
account.
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May the employer delegate the management of the Carte BTP to a third-party declarant?
Yes. The company represented simply needs to authorise the third-party declarant to create an Administrator
account delegating to the latter the authority to request Carte BTP.
The scope of the User rights on the site makes it possible to maintain the roles of validating and paying for the
cards required within the company.
What information is required to open an account on Cartebtp.fr?
An account can be opened at any time on Cartebtp.fr by any person duly authorised by the company to do so.
The information to be provided may vary depending on the type of company.
False declarations are subject to the penalties provided in Article 441-6 of the French Criminal Code and
failure to make a declaration is subject to penalties provided in Article L.8291-2 of the French Labour
Code (see the chapter on Penalties, page 29).
1. For a company established in France
Legal entity Natural person
Corporate name*
Legal category*
SIREN identification number*1
NAF [trade sector] code *
Employer's logo2
(except for TPA)
Name, first name, date and place of birth of the
legal representative*
Contact details for the registered office*
Name, first name and e-mail address of the
account Administrator*
Choice of identifier3
*
Legal category*
SIREN identification number*1
NAF [trade sector] code *
Employer's logo2
(except for TPA)
Name, first name, date and place of birth of the
legal representative*
Contact details for the legal representative*
Name, first name and e-mail address of the
account Administrator*
Choice of identifier3
*
* Required fields
1. This information is available on your extract from the Companies Register (company or incorporation certificate).
2. Format: Jpeg (.jpg) only. Please note: the logo will be printed on the Carte BTP in black and white.
3. In order to avoid any risk of duplication, the complete identifier is composed of the part defined by the person creating the account,
followed by a hyphen and the SIREN number. For example:
— The company's SIREN is: 123456789.
— The person creating the account chooses "Adrian55" as the identifier.
— The complete identifier for the Administrator will be: Adrian55-123456789.
Once we have received the identification information for the company, its legal representative and the Carte
BTP Administrator, a password will be sent by the regular postal service to the company's legal representative.
This password should be passed to the Carte BTP Administrator to allow him to confirm creation of the
account, to create any User accounts and to proceed to declaration of the employees.
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Since the password is sent by post, it will take several days before is will be possible to activate the
account.
2. For a company established outside France
In the case of temporary employees seconded from a temporary placement agency established outside France,
the procedures for requesting the Carte BTP are undertaken by the user company. It is not required that the
temporary placement agency should open an account on Cartebtp.fr.
In other cases the account is opened using the following information:
Legal entity Natural person
Corporate name*
Identification number in the Companies Register
in the country, in which the company is
established*
Employer's logo1
Name, first name, date and place of birth of the
legal representative*
Contact details for the registered office*
Name, first name and e-mail address of the
account Administrator*
Choice of identifier2
*
Identification number in the Companies
Register in the country, in which the company is
established*
Logo1
Name, first name, date and place of birth of the
legal representative*
Contact details for the legal representative*
Name, first name and e-mail address of the
account Administrator*
Choice of identifier2
*
* Required fields
1. Format: Jpeg (.jpg) only. Please note: the logo will be printed on the Carte BTP in black and white.
2. In order to avoid any risk of duplication, the complete identifier is composed of the part defined by the person creating the account,
followed by a hyphen and the identification number in the Companies Register. For example:
— The company is registered under the following number in the Companies Register in its country: 123456789.
— The person creating the account chooses "Adrian55" as the identifier.
— The complete identifier for the Administrator will be: Adrian55-123456789.
Once we have received the identification information allowing us to identify the company, its legal
representative and the Carte BTP Administrator are informed and a password is sent by the regular postal
service to him. This password allows him to confirm creation of the account and to proceed to declaration of
the employees.
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Initialisation of the request
The Carte BTP must be requested by the employer (or by the user company in the case of a temporary employee
seconded by a temporary placement agency established outside France). Cards may be requested solely on line on
the Cartebtp.fr site.
Who may apply for a Carte BTP?
In every case, it is the employer (or its legal representative) who must apply for the Carte BTP.
Company established in France
(except TPA)
Temporary placement agency
established in France
Company established
outside France
It applies for the Carte BTP
— in the capacity of employer, for
its employees covered by the
scope of the system,
— in the capacity of user company,
where applicable, for temporary
employees seconded by a
temporary placement agency
established abroad,
It applies for the Carte BTP
for its concerned temporary
employees if they do not already
hold this Card.
Reminder: for temporary
employees of a temporary
placement agency established in
France, the Carte BTP is valid for
five years, even in the case of
change of TPA employer.
It applies for the Carte BTP
— in the capacity of employer, for
its employees seconded to
construction sites in France,
— in the capacity of user company,
where applicable, for temporary
employees seconded by a
temporary placement agency
established abroad.
When must application be made for the Carte BTP?
Company established in France
(except TPA)
Temporary placement
agency established in
France
Company established
outside France
The Carte BTP is applied for on the recruitment
of every new employee or from the beginning of
the assignment of every temporary employee
seconded from a temporary placement agency
established outside France.
For a temporary seconded employee,
application must not be made for the card,
unless the foreign TPA has completed the
temporary employment declaration. The user
company must make contact with the latter in
advance.
Application for a Carte BTP
must be made prior to the
date of commencement of
the first contract for any
temporary employee
affected, unless he is
already in possession of a
valid Carte BTP.
Application for the
Carte BTP is made
subsequent to the
completion of the
temporary
employment
declaration for the
employees concerned
and it is essential that
this is done prior to the
date of commencement
of their temporary
employment contract.
FOR COMPANIES ESTABLISHED IN FRANCE: PROGRESSIVE DEPLOYMENT
By way of exception, during the initial deployment period, companies established in France have two
months with effect from the entry into force of the Carte BTP in their geographic zone (see Calendar, page
4), within which to request the Carte BTP for their employees.
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What is the system for applying for the Carte BTP for temporary employees?
In practice, the foreign international service provider, which has made a temporary employment declaration on
the Système d'information sur les prestations de service internationales [Information System for the Provision of
International Services] (SIPSI), must apply for Carte BTP(s) on the Cartebtp.fr site. It must provide any data
missing from that site required for provision of the card(s), in particular the identity photo(s) of the employee(s)
and must then proceed to payment on the dedicated site2
.
When temporary employees seconded from a temporary placement agency established abroad are concerned,
the formalities for application for Carte BTPs are completed by the user company established in France.
Is it possible to request the creation of more than one card on a single application?
Yes. Multiple applications can be dealt with in two ways:
By the direct input method the company enters the information directly on line on Cartebtp.fr, employee by
employee, and loads the relevant photos onto the site. This method is particularly suitable for SOHO.
By the bulk load method the company prepares two files in house: one contains the information required for
all the employees concerned (CSV format) and the other contains the relevant photos (ZIP format). This
method is reserved for companies established in France and is more particularly suited to SME and large
companies.
2. This process is consequent on the publication of Decree No. 2016-1748 of 15 December 2016, which authorises automatic transfer of the data
saved to the SI-CIP file from the posting/temporary employment declarations made on the SIPSI telecommunication service.
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[+] on Cartebtp.fr/telechargements GUIDE DU CHARGEMENT EN MASSE et les modèles de fichiers CSV..
Information to be provided
Production of the cards requires the transmission via the Cartebtp.fr site of information on the employer and the
employee, including the photo of the latter.
What information must be provided in order to declare employees and apply for their Carte
BTP on Cartebtp.fr?
Prior to declaring employees and applying for the Carte BTP an account must have been opened on the
Cartebtp.fr site (see page 13). Once the account has been opened the Administrator or the User responsible in
the company for applying for the cards must provide the information of each employee concerned.
The list of information varies depending on the type of employee.
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1. For the employee of a company established in France
Non temporary Non temporary
Name, first name(s), sex, date
and place of birth
Nationality
Digital identity photograph
For employees of foreign
nationality: work permit number
or residence permit number
recognised as a work permit (for
foreigner holding these
documents).
Nature of the employment
contract
Name, first name(s), sex, date and place of birth
Nationality
Digital identity photograph
For employees of foreign nationality: work permit number or
residence permit number recognised as a work permit (for
foreigner holding these documents).
Nature of the employment contract and "temporary employee"
status
Information relating to the construction site or customer's
address indicated on the personnel secondment contract with
the user company, including the commencement and
termination dates for the contract (the duration of the
construction work on site is not required).
2. For the employee of a company established outside France
Non temporary Non temporary
Name, first name(s), sex, date
and place of birth
Nationality
Digital identity photograph
Nature of the employment
contract and "seconded
employee" status
Data relating to the construction
site or place of activity (address,
commencement date, scheduled
duration or date of completion of
the construction site).
Reminder: For a temporary employee seconded from a
temporary placement agency established abroad, the
application for the Carte BTP is made by the user company
(see page 15).
Information relating to the temporary placement agency:
— corporate name,
— registration number in a professional register or with an
authority responsible for levying social security contributions
and the name of the register or the authority,
— company logo (optional).
Information relating to the temporary employee:
— name, first name(s), sex, date and place of birth
— nationality,
— digital identity photograph
— nature of the employment contract and "seconded temporary
employee" status
Information relating to the construction site:
— address of the construction site
— date of commencement of the assignment,
— scheduled duration or date of completion of the construction
site
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Please note: False declarations are subject to the penalties provided in Article 441-6 of the French
Criminal Code (see chapter on Penalties, page 29).
Is the provision of a photo obligatory?
Yes. The provision of a photo is an obligation imposed by law; it applies to all the employees falling within the
ambit of the application of the Carte BTP, including minors. An employee may not assert image copyright.
Any declaration of an employee without a photograph having been uploaded will be deemed incomplete and it
shall not be possible to produce a Carte BTP. We recommend that the photos of the employees concerned be
compiled in advance.
FORMAT OF THE PHOTOS
Please note: the photos must satisfy a certain number of criteria. In order to avoid useless waste of time,
please make yourself familiar with these criteria by studying the Photo Compilation Guide (see below).
[+] On Cartebtp.fr/telechargements PHOTO COMPILATION GUIDE FOR THE CARTE BTP
A free mobile application is available on the main download platforms. This optional platform assists the
employer to take and compile the photos.
Is there an extra charge for including the company logo on the card?
No. You can upload your company logo, so that it can be included on the Carte BTP of your employees. The logo
must comply with the following specifications:
File format: jpg,
File size: 50 Ko maximum,
Dimensions: 150 x 150 px.
Since the Carte BTP is customised in shades of grey, the logo will appear in this format on the Carte BTP.
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French temporary placement agencies: since the Carte BTP is connected solely with the employee, it
does not contain either the logo or the TPA.
How are the personal data collected?
The Order referred to in Article R.8295-1 of the French Labour Code specifies the methods of processing data,
based on the opinion of the Commission nationale de l’informatique et des libertés [National Commission for
Information Technology and Civil Liberties] (CNIL)
Prior to applying for the Carte BTP, the employer must notify its employees that their personal data will be
transmitted to the UCF CIBTP. The data will be solely for the purpose of management of the Carte BTP.
The information to be communicated to the persons concerned, listed in Article 32 of Law No. 78-17 of 6
January 1978, is:
the identity of the person in charge of the processing or that of his representative;
the purpose, for which the data is processed;
whether the answers are compulsory or optional;
the possible consequences, as far as the persons are concerned, of failure to reply;
the recipients or categories of recipient of the data;
their rights of access and where applicable, of correction, and unless otherwise provided, to refuse for
lawful reasons available to them, as well as the right to give directions as to what is to happen to these data
after their death;
where applicable, planned transfers of personal data to any State, which is not a member of the European
Union;
the length of time the categories of processed data will be stored, and where this is impossible, the criteria
used to determine this storage period.
In practice, this information must be communicated to each employee individually, in particular by e-mail,
information letter or any other equivalent means.
[+] On Cartebtp.fr/telechargements Employee Information Document
This document is provided to companies to assist them in fulfilling their information duty with respect to the employees, whom they
declare to the UCF CIBTP within the Carte BTP system. Articles R.8293-1 and R.8293-2 of the French Labour Code state that this
information must be provided to the employees before the declaration is made to UCF CIBTP. The companies are free to send this
document to the employees or to use it as a basis for producing their own information document.
COLLECTION OF INFORMATION BY WAY OF A QUESTIONNAIRE
When such data are collected by way of questionnaires, these must, of necessity, indicate the identity of
the person in charge of processing or that of his representative, the purpose of the processing, whether
the replies are compulsory or optional, rights of access and where applicable, of correction, and unless
otherwise provided, the right to refuse for lawful reasons available to the persons concerned, as well as
their right to give directions as to what is to happen to these data after their death.
Conversely, the employer is not obliged to make a prior declaration to the CNIL.
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Moreover, despite the absence of such an obligation in the Decree, the employer may, if it judges it useful,
notify the employee representative organisations of the transfer of the employees' personal data to UCF
CIBTP and where applicable to determine how that information shall be transferred.
Payment
The new Carte BTP is supplied on payment of a fee intended to cover the operating costs for the system.
Is there a charge for the new Carte BTP?
Yes. Employers are obliged to pay a fixed fee per card requested. This fee is intended strictly to cover the
management costs for the system (manufacture and personalisation of the cards, routing, administration and
accounting, etc.).
Payment is made on application for the card. Personalisation and despatch of the Carte BTP are subject to the
receipt and confirmation of payment.
What are payment methods for the Carte BTP?
There are two ways to pay electronically: either by bank card, via a secure payment module, or by bank
transfer.
Please note: payment by cheque is not accepted!
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Within what period must the company pay for the cards requested?
If payment is not made immediately, the application of the Carte BTP remains registered on a waiting list. In
the course of their inspections authorised officials shall have access to this information.
Payment of the fee by bank card on application for the card immediately triggers the order for the
manufacture of the Carte BTP. Please note: This payment method, implemented via the 3D Secure system,
requires authentication of the holder of the bank card by the despatch of a code by SMS. The company
must therefore ensure that the person making the payment has access to this code.
In the case of payment by bank transfer this must be implemented at the earliest opportunity. The order to
manufacture the cards is not placed until the payment has been effectively received. If payment is not
received immediately, reminders are sent to the company.
Is it possible to cancel an order for cards after payment is made for them?
No. The price of the Carte BTP has the same fiscal nature as a license fee. It gives no right to the recovery
of VAT and its payment cannot be cancelled.
Transmission and receipt of cards
Once the fee has been received, the cards are produced and sent to the company by the regular postal service. A
provisional certificate is immediately available for download, which should be distributed to the employees
without delay.
When are the cards despatched?
The order to manufacture the cards is placed only on effective receipt of the payment (immediately in the case
of payment by bank card or on completion of the processing period in the case of payment by bank transfer).
They are then sent to the company by post.
What is the provisional identification certificate?
From confirmation of payment, a provisional identification certificate is made available
to the company in PDF format on the Cartebtp.fr site, for each Carte BTP requested.
This certificate must be downloaded and distributed at the earliest opportunity to the
employees concerned.
The provisional identification certificate allows the employees to prove their situation
while awaiting receipt of their Carte BTP.
By reading the QR code on the document, the validity of the Carte BTP, to which the
certificate corresponds, may be checked.
Is it possible to send the provisional identification certificate by e-mail in a PDF version to the
employees, so that they can present it in the event of an inspection?
Yes. It is the employer's responsibility to determine the method by which the Carte BTP or the provisional
identification certificate is submitted to its employees. Therefore, it is possible to send the provisional
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certificate to the employees by e-mail. If an employee has a Smartphone, he can submit the certificate directly
to the inspector, without having to print it off.
What should be done, if the package is damaged and/or incomplete?
As for any other delivery, it is important to open and inspect the package containing the Carte BTPs in the
presence of the carrier, before signing the delivery note.
If the package proves to be damaged and/or incomplete, the recipient must
refuse the package (it will be returned to the production centre),
alert the Carte BTP management service by using the contact form on the site.
Please note: If the content of the package is discovered to be damaged and/or incomplete after signature
of the delivery note, the company must submit a new request for Carte BTPs. The order delivered (on the
strength of the signature of the delivery note) is not eligible for refund.
What should be done, if a Carte BTP is discovered on receipt to have been damaged or not to
comply with the order?
If a Carte BTP is discovered to be damaged or not in conformity on receipt by postal or package delivery, the
employer should return it to the address stated on the reverse of the card. It will be checked by the Carte BTP
service, which will then contact the company to notify it of the replacement conditions for the Carte BTP
concerned.
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Life of the card
Validity of the Carte BTP
The conditions of validity of the Carte BTP depend on the status of the employee.
In the case of loss, theft, deterioration or expiry of a Carte BTP, the employer must request that it be invalidated
and that a new card be produced for the employee concerned.
For how long is the Carte BTP valid?
The validity period for the Carte BTP varies depends on the type of employee:
Employee of a company established in
France (except TPA)
From the commencement to the termination of the
employment contract (fixed-term or permanent) or until
the termination of the final contract in the case of a series of
contracts without interruption.
For employees of a temporary
placement agency established in France
Five years, even in the case of a change of TPA employer.
Employee seconded from a company
established outside France (except
TPA)
From the start to the end of the secondment. A new Carte
BTP must be obtained for each new secondment.
Temporary employee seconded from a
temporary placement agency
established outside France
When an employee changes employer, must he change Carte BTP?
Yes, except for temporary employees from French TPA. Since the Carte BTP shows both the identity of the
employee and that of his employer, it is necessary to request a new card on every change of employer.
For temporary employees of French TPA the Carte BTP is valid for five years, irrespective of the number of
contracts and successive employers during this period.
Must a temporary employee have a new Carte BTP every time he begins a new assignment?
No, unless the period of validity of the Carte BTP has expired. For the record, for the temporary employees
concerned the Carte BTP is valid for five years, irrespective of the number of assignments and successive
employers over the period.
If an employee on a fixed-term contract (CDD) has his contract renewed or extended by a
permanent contract with the same company, does the employer have to apply for a new Carte
BTP?
No. The employer may extend the validity of the Carte BTP for an employee on a fixed-term contract, if the
latter does not change employer and if the contracts follow on from each other without interruption, simply by
updating the information on the Cartebtp.fr site.
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What should be done, if a Carte BTP is damaged during use?
If a Carte BTP is damaged during use, the employer is obliged to return it to the address given on the reverse of
the card, in order that it be invalidated and destroyed. It must also make a new application for a card or its
employee.
What should be done, if an employee loses his Carte BTP or if it is stolen?
From the moment that the employer has been notified of the loss or theft of the Carte BTP of an employee, it
must notify the occurrence on the Cartebtp.fr site, using the Management Platform Dashboard. The card
declared lost or stolen is then invalidated and a new application for a card is required.
May the temporary employee himself make the declaration of loss, theft or damage, in
particular, when he is not under contract?
When the temporary employee is under contract, it is the responsibility of his TPA employer at the moment of
the occurrence to notify this occurrence and to make a new application for a Carte BTP.
Conversely, if the employee is without work and therefore without an employer, any occurrence connected to
his Carte BTP is without immediate effect.
Generally speaking, no direct relationship between the employee and the Carte BTP management has been
provided for any issues concerning the card.
What should be done, when an employee leaves?
Whether the employee was employed on a fixed-term contract (CDD), which was not renewed or extended by
a permanent contract (CDI), or a permanent contract has been terminated, the Carte BTP must be invalidated
and the employer is responsible for returning it to the Carte BTP service for destruction.
On the departure of an employee the Carte BTP is invalidated:
Automatically on expiry in the case of a terminated fixed-term contract, which has not been renewed or extended
by a permanent contract (the date of the end of the contract has been notified on application for the Carte
BTP and has possibly been updated in the case of extension to a fixed-term contract).
On the employer's initiative in the case of termination of a permanent contract (resignation, dismissal or
any other case of termination) by connecting to the Cartebtp.fr site.
These provisions do not apply to "Temporary Employee" cards
The Carte BTP supplied to the employees remain the property of the Union des caisses de France CIBTP.
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Presentation of the Carte BTP
Any employee concerned must be able to present his Carte BTP (or his provisional identification certificate) at all
times on construction sites.
Must employees always carry the new Carte BTP on their person?
Yes. The holders of a card, or otherwise a provisional certificate are obliged to present it immediately when
requested by inspection officials from the services of the State or the project manager, or the principal
intervening on the construction site.
May the employer or the inspection officials forbid access by an employee to his work station if
the card is not presented?
The inspection officials do not have the authority to forbid access by an employee to his work station by virtue
of the failure to present the Carte BTP (or the provisional certificate).
However, this measure may be taken by the employer, if the employee has been informed previously by the
employer of his obligation to carry his Carte BTP in order to work on a construction site or works site. Penalties
may be implemented, provided that the internal regulations of the company provide for this.
What are the regulations concerning carrying the Carte BTP on construction sites?
Apart from the obligation on each employee to be able to present his Carte BTP at any time in the event of an
inspection, there are no particular rules concerning how the card is carried.
If the employee does not present his card, even although the company has correctly fulfilled its
obligations, what means are available to the company and/or the inspection officials to access
information?
The inspection officials may make enquiries with UCF CIBTP or conduct checks in the central SI-CIP file via
requests starting from the employee's name, the employer's name or the use company.
The project manager or the principal shall be obliged to contact its co-contractor in order to discover the
reasons, for which this employee is unable to present his Carte BTP.
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Inspection and penalties
Inspection
Inspections may be carried out by authorised inspection officials, on one hand, and by principals and project
managers on the other.
Which officials are authorised to inspect the validity of the Carte BTP?
Article R.8294-5 of the French Labour Code provides that "the holder of the professional identity card or the
provisional certificate must present it immediately when required so to do by the inspection officials referred to in
Article L.8271-1-2."
In accordance with the latter provision: "The officials competent to inspect under Article L.8271-1 are:
1. Employment inspectors;
2. Police officers and investigators from the Criminal Investigation Department;
3. Tax inspectors and Customs officials;
4. Social security authorities and mutual agricultural insurance funds [caisses de mutualité sociale agricole] authorised
for that purpose and sworn in;
5. Shipping masters, officers of the technical and administrative corps of maritime affairs and civil servants posted to
services exercising inspection remits in the area of maritime affairs under the authority or at the disposal of the
Minister for the Sea;
6. Civil servants of the Civil Aviation Technical Corps authorised for that purpose and sworn in;
7. Civil servants or State officials responsible for the control of land transport;
8. The officials of the institution referred to in Article L.5312-1, responsible for the prevention of fraud, authorised for
that purpose and sworn in;”
What happens when there is an inspection?
In the case of any recorded failure to meet the duties of declaration and information referred to in Articles
R.8293-1 to R.8295-4, and R.8295-3 of the French Labour Code, committed by the employer of an employee or
where applicable, by the user company of a temporary seconded employee:
If the inspection is conducted by an inspection official of the Employment Inspectorate, this official sends to
the Regional Director for Enterprises, Competition, Consumer Affairs, Labour and Employment
(DIRECCTE), a report on the basis of which the latter may decide to impose the administrative fine
provided for in Article L.8291-2, in accordance with the provisions in Articles R.8115-2 to R.8115-4 (Article
R.8115-7 of the French Labour Code).
If the inspection is conducted by an official of the Directorate General of Public Finances or an Official of
the Directorate General of Customs and Indirect Taxes, this official sends to the Regional Director for
Enterprises, Competition, Consumer Affairs, Labour and Employment (DIRECCTE), a report addressed to
the Director, under whose authority he is employed, on the basis of which the latter may decide to impose
the administrative fine provided for in Article L.8291-2 (Article R.8115-8 of the French Labour Code).
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What happens if an employee is inspected before receiving his Carte BTP?
While awaiting receipt of the Carte BTP requested by the employer, the latter will have provided an individual
provisional certificate to each employee. It is the failure to declare (that is, the failure to apply for the card) or
to provide information, which is liable to penalties.
If an employee has forgotten his Carte BTP at the time of an inspection, may the employer
produce the provisional certificate?
The employer may prove that he has indeed made application for the Carte BTP for its employee by producing
the provisional certificates.
May the principals and project managers check that their subcontractors are in conformity
with the regulations?
Yes. Every project manager and every principal may check that the employees of its co-contractors, of its
direct or indirect subcontractors or of a co-contractor of its subcontractors have been declared and hold a
valid Carte BTP (or a valid provisional identification certificate).
The inspection may be made in real time by reading the QR code on the Carte BTP (or on the provisional
certificate) using any mobile application available ad hoc on the Apple, Android and Windows download
platforms.
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Penalties
In the case of failure by the employer to comply with the duties of declaration and information, administrative
fines imposed may total €2000 per employee and €4000 in the case of subsequent offences within one year with
effect from the date of notification of the initial fine (Article L.8291-2 of the French Labour Code).
A false declaration is sanctioned by Article 441-6 of the French Criminal Code, which provides:
"The offence of unlawfully procuring delivery by a public administration or an authority with a public service remit by
any fraudulent means whatsoever of a document intended to establish a right, an identity or a characteristic to grant
an authorisation is punishable by a sentence of imprisonment of two years and a fine of 30,000 euros.
The offence of knowingly supplying a false or incomplete declaration in order to obtain or to attempt to obtain from a
public entity, a social welfare authority or a public service authority an allowance, service, payment or individual
advantage is punishable by the same penalties."
Moreover, obstruction of inspections by the Employment Inspectorate is also subject to penalties. Article
L.8114-1 of the French Labour Code in fact provides that: "The offence of obstructing an inspection official of the
inspection directorate referred to in Article L.8112-1 in the course of his duties is punishable by a sentence of
imprisonment of two years and a fine of 37,500 euros."
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Updated 14 September 2017.
Design and production:
Union des caisses de France Congés Intempéries BTP.
For all further information:
www.cartebtp.fr