The difficulties encountered by companies in terms of recruitment have changed the strategies of business leaders. Professional experience is no longer the guiding principle, but motivation and/or qualifications, with or without a diploma for some, are now put forward, leading to an upsurge in the recruitment of foreign workers.
Recruitment formalities are different depending on the nationality of the future recruit, so a reminder is in order:
Employers faced with with the hiring of a foreign worker may find themselves in one of three situations:
- A candidate member of the European Unionthe European Economic Area or Switzerland;
- A non-EU candidate
- No authorization required
- Requiring authorization
1. Citizen of the European Union, the European Economic Area and Switzerland
This includes :
- Nationals of 28 European countries
- Nationals of Norway, Liechtenstein, Iceland, Switzerland, Andorra, Monaco and San Marino
No residence permit is required, and no special steps need to be taken prior to hiring.
⚠ For employees of English nationality, it is now necessary to present a residence permit in order to work in France.
2. Non-European Union citizen
In this case a residence permit is required to work in France. Two situations :
A- No work permit required
Certain residence permits are equivalent to a work permit. These are listed in article R.5221-2 of the French Labor Code.
Formalities to be completed by the employer prior to recruitment :
- If the foreign candidate is not on France Travail's list of jobseekers, carry out administrative checks with the prefecture at least two working days before hiring, to verify the authenticity of the residence permit(https://invite.contacts-demarches.interieur.gouv.fr/Autres-demarches-administratives)
- Check the validity date and whether there are any geographical or sectoral limits on the title.
- Carry out the usual hiring procedures (DPAE, registration in the personnel register, medical examination, etc.).
The employer is not required to apply for an additional work permit.
B- Work permit application required
The employer must take special steps before hiring:
- Except in the case of derogations or if the job to be filled appears on the list of occupations in shortage (list established by the decree of April1, 2021), publish a job offer for three weeks without success.
- Apply for a work permit on the French Ministry of the Interior website: Étrangers en France | Accueil (interieur.gouv.fr). At the same time, the foreign employee also applies for his or her own work permit (if this permit does not allow him or her to work).
The administration takes about 1? to 2 months to process a complete application.
- Once the application for authorization has been acceptedfile the residence permit with the prefecture at least two working days before hiring(https://invite.contacts-demarches.interieur.gouv.fr/Autres-demarches-administratives)
- Pay a tax to the DGFIP for first-time residence in France. The amount varies according to the length of the employment contract and the worker's level of remuneration.
- Carry out the usual hiring procedures (DPAE, registration in the personnel register, medical examination, etc.).
B.1 Special situations
Here are a few non-exhaustive special cases:
B.1.1. Employee" and "temporary worker" residence permits
The following residence permits are not valid as work permits:
- "Long-stay visa for salaried employees",
- "Carte de séjour temporaire ou pluriannuelle salarié",
- "Visa de long séjour valant titre de séjour ou carte de séjour travailleur temporaire" (Long-stay visa valid as a residence permit or temporary worker residence permit)
For "employee" residence permits, a new work permit application must be submitted by each new employer.
For "temporary worker" residence permits, a new work permit must be obtained for each new fixed-term contract, even with the same employer.
B.1.2 Residence permit for seasonal workers
This title allows seasonal work for a period not exceeding six months per year. It is only valid as a work permit for the initial employer who has offered a seasonal employment allowing the permit to be issued.
A new employer will have to apply for a work permit.
B.1.3 "Student" residence permit
The "student" residence permit allows you to work on a sandwich course and hold a "student job" during your studies, up to a limit of 964 hours per year.
The permit is no longer valid if the employer hires the student at the end of the work-study program. Nor is it valid if the foreign student works more than 964 hours a year. In these cases, a work permit is required to change the permit.
B.1.4. Employee in possession of a document attesting to a "first application" for a title
Receipts for first applications are issued to people awaiting the issue of their first residence permit.
They are only valid as work permits for certain residence permits listed in article R431-14 of the CESEDA (carte vie et familiale issued to spouses and parents of French children, refugees, beneficiaries of subsidiary protection, stateless persons and their families, residence permits for victims of trafficking and pimping, etc.).
Generally, the receipt explicitly states that it authorizes the holder to work.
B.1.5 Renewal of residence permit
While the application for renewal is being processed, the employee may continue to work if he or she applied within the 2 months preceding the expiry of his or her permit.
B.2 Regularization procedure in the short-staffed trades
A foreigner in an irregular situation may submit an application for exceptional admission to residence through work, without the compulsory involvement of his or her employer (unlike under the previous procedure):
- 12 months of professional activityconsecutive or otherwise, during the 24 months preceding the application, in a list of professions and geographical areas characterized by recruitment difficulties,
- a period of residence in France of at least 3 years.
This procedure, exclusively reserved for workers in high-tension occupations and areas, will apply on an experimental basis until December 31, 2026.
If the conditions are met, the Prefecture will will verify by any means the reality of the alleged activity and may issue a temporary residence permit for a period of one year.
3. Sanctions
We remind you that that in the event of non-compliance with laws and regulations laws and regulations criminal and administrativePenalties for non-compliance with these laws and regulations are listed below: for further information LINK Penalties for illegal employment and related offences - Ministry of Labour, Health and Solidarity (travail-emploi.gouv.fr)
- criminal penalties: five years' imprisonment and a fine of "€30,000".
- administrative :
*a fine of between 5,000 and 15,000 times the guaranteed minimum hourly rate
*administrative closure for a maximum of 5 years, exclusion from public contracts for the same period, and publication or posting of the sanction administrative closure
*ban on civic rights, articles L8256-2 and following etc...
- Repayment of hiring subsidies (public aid for employment, vocational training and culture), including a ban on receiving such subsidies for up to five years.
Foreign employees hired illegally may also be entitled to compensation of up to 3 months' salary.
Note on medical check-ups required by regulations and not carried out, risk of reimbursement of the amount of daily benefits received by the foreign employee.
If you have any questions, the firm will be happy to answer them. If you have any doubts before hiring a foreign worker, we invite you to contact your usual social contact at Exco.
