In any case of posting of workers in the context of works for the initial assembly or first installation of a good forming an integral part of a contract for the supply of goods (for example assembling/installing a new kitchen), which are required in order to bring the item supplied into operation and are carried out by qualified or specialised workers of the supplying undertaking, Article L.010-1 of the Labour Code, points 2 and 4 concerning the remuneration, the automatic adjustment of wages in line with the cost of living and paid leave, shall not apply, provided that the duration of the works in question does not exceed 8 calendar days over a reference period of 12 months. When that period is calculated, the duration of a posting completed by a worker replacing a posted worker shall be taken into account.
However, the above-mentioned derogations shall not apply to activities in the construction sector which are concerned with the carrying out, restoration, maintenance, alteration or removal of constructions, and in particular the following works:
- excavation;
- earthworks;
- construction;
- the assembly and disassembly of prefabricated elements, including sanitary and heating installations, installation of alarm systems and luminous signs;
- alterations or fitting out;
- conversion;
- renovation;
- repairs;
- dismantling;
- demolition;
- maintenance;
- upkeep – painting and cleaning work;
- sanitation.