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