What is the BTP card?
Presented as an effective means of combating hidden work in the construction sector, the BTP card is gradually coming into force from 2017 after the success of the pilot phase started in December 2016.
Requests are made exclusively online on the dedicated site: http://www.cartebtp.fr
This card will mention in particular the identity of the employee, his photograph, the identity of the employer, the date of issue of the card as well as a QR code (flashcode) allowing controllers to verify the validity of the card electronically and immediately.
The contractual situation of the employee will also be specified, in particular if the employee is a posted worker or belonging to a temporary employment company.
Pending the issuance of the BTP card, a provisional certificate can be sent to the employer by electronic means so that the employee can start working immediately (R 8294-2 Labor Code).
Employers who do not comply with the requirement to be provided with BTP cards are liable to a fine of 2,000 euros per employee, with the fine being increased to 4,000 euros in the event of a repeat offence.
What does the entry into force of the BTP card change for companies using subcontractors?
A very effective identification and control system, the implementation of this card does not, however, alleviate the control obligations (user companies) with respect to their subcontractors, since they remain bound by an obligation of control and vigilance (click). hither for more information), it is not important that the subcontractor's employees have the BTP card.
Therefore, there is no question for contractors to be relieved of their responsibilities just because they have checked the construction cards of the subcontractor's employees.
On the contrary, the entry into force of this card reinforces the administrative obligations of user companies, which are invited to check directly with the subcontractor's employees that they do indeed hold a BTP card or a provisional certificate.
In practice, it is advisable to systematically ask subcontractors for a copy of all the construction cards of employees working on the construction site.
In addition, in case of doubt and in order to protect itself against any risk, the user company can check directly with the competent bodies that its subcontractors have declared their employees to the Union des Caisse BTP and that the provisional certificates or BTP cards presented have been issued by it (R 8294-6 of the Labor Code).
Finally, the user company must itself apply for a BTP card for employees posted by foreign temporary employment companies (R 8293-3 of the Labor Code).
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