Authorization to work for a foreigners employee in France
Verified 01 June 2026 - Public Service / Directorate of Legal and Administrative Information (Prime Minister)
The employer who wishes to hire an employee foreigner not European (EU + EEA + Switzerland) in France must first obtain a work permit. However, some visas or residence permits do not require this. We tell you in which situations a work permit must be obtained and the information to know.
Warning
This sheet does not concern algerian nationals.
The rules are different depending on the document the foreigner holds:
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VLS-TS or residence card « private and family life »
The VLS-TS or the residence card « private and family life » allows you to work as an employee. The employer is dispensed with to apply for a work permit.
Please note
If the card was obtained as the husband or wife or child of a foreigner who was a long-term EU resident in another EU Member StateEU (EU), it does not make it possible to work on 1re year.
Before hiring a foreigners national, the employer must check the authenticity of the residence permit authorizing him to work in France, with the prefecture of the place of employment at least 2 working days prior to the effective date of the request.
However, this verification is not to be carried out if the foreigner is included on the list of job seekers of France Travail.
Without a response within 2 working days of receipt of the request, the employer's verification obligation is deemed to have been fulfilled.
VLS-TS or « employee » or « temporary worker » residence card
If the foreigner has a VLS-TS or a residence card « employee » or « temporary worker », a work authorization is mandatory so he can work.
The VLS-TS or the residence card allows you to carry out only the salaried activity for which a work permit has been obtained.
Warning
A work permit must be requested for each new employment contract.
Residence card « talent »
The residence card « talent » allows to exercise the professional activity that has allowed to obtain it. The employer is dispensed with to apply for a work permit.
Before hiring a foreigners national, the employer must check the authenticity of the residence permit authorizing him to work in France, with the prefecture of the place of employment at least 2 working days prior to the effective date of the request.
However, this verification is not to be carried out if the foreigner is included on the list of job seekers of France Travail.
Without a response within 2 working days of receipt of the request, the employer's verification obligation is deemed to have been fulfilled.
VLS-TS or « student » or « student mobility program » residence card
The VLS-TS or the residence card ‘student’ or « student mobility program » allows to work as an employee, without work authorization, for maximum 60% annual working time (964 hours).
When the student must, as part of his or her course, pursue an activity as an employed person for a period exceeding 60%annual working time (964 hours), the employer must apply for a work permit.
However, the employer is dispensed with to apply for a work permit when the student, as part of his or her course, has signed a apprenticeship contract which has been validated by theSkills operator (OPCO) (private sector) or Dreets: titleContent (public sector).
Warning
The employer must make a personal declaration to Prefecture 2 working days prior to the date of employment of the student foreigner.
Residence card « job search/company creation »
The residence card « job search/company creation » allows you to work as an employee. The employer is dispensed with to apply for a work permit.
However, the job must correspond to the training or research of the foreigner and the remuneration must be greater than €2,800.53.
The limitation to 60% the annual working time (964 hours) does not apply.
Before hiring a foreigners national, the employer must check the authenticity of the residence permit authorizing him to work in France, with the prefecture of the place of employment at least 2 working days prior to the effective date of the request.
However, this verification is not to be carried out if the foreigner is included on the list of job seekers of France Travail.
Without a response within 2 working days of receipt of the request, the employer's verification obligation is deemed to have been fulfilled.
Resident card or EU long-term resident card
The rules are different depending on the card the foreigner holds:
Resident card
The resident card allows you to work as an employee. The employer is dispensed with to apply for a work permit.
Before hiring a foreigners national, the employer must check the authenticity of the residence permit authorizing him to work in France, with the prefecture of the place of employment at least 2 working days prior to the effective date of the request.
However, this verification is not to be carried out if the foreigner is included on the list of job seekers of France Travail.
Without a response within 2 working days of receipt of the request, the employer's verification obligation is deemed to have been fulfilled.
Long-term EU Resident Card
The regulations are different depending on whether the card was obtained in France or in another EU countryEuropean Union :
Long-term EU resident card obtained in France
The EU long-term resident card obtained in France allows to work as an employee. The employer is dispensed with to apply for a work permit.
Before hiring a foreigners national, the employer must check the authenticity of the residence permit authorizing him to work in France, with the prefecture of the place of employment at least 2 working days prior to the effective date of the request.
However, this verification is not to be carried out if the foreigner is included on the list of job seekers of France Travail.
Without a response within 2 working days of receipt of the request, the employer's verification obligation is deemed to have been fulfilled.
EU long-term resident card obtained in another EU country
The EU long-term resident card obtained in another EU countryEuropean Union does not allow work in France.
The foreigner must, at the latest within 3 months of entering France, apply for a residence permit.
Depending on the residence permit if requested, the employer will have to apply for a work permit.
Residence card ‘Article 50 TEU’ or permanent residence card ‘Article 50 TEU’
The residence card ‘Article 50 TEU’ or the permanent residence card ‘Article 50 TEU’, issued to British nationals, allows them to work as employees.
The employer is dispensed with to apply for a work permit.
Residence card "seasonal worker"
If the foreigner has a residence card ‘seasonal worker’, a work permit is mandatory so he can work.
The residence card allows to exercise only the activity of an employed person for which a work permit has been obtained.
The exercise of seasonal work is limited to 6 months per year.
Warning
A work permit must be requested for each new employment contract.
Residence card issued by another EU country
The residence card issued by another country of theEuropean Union does not allow to stay or work in France.
The foreigner must apply for a long-stay visa at the French consulate in the EU country that issued the residence card.
Depending on the long-stay visa if requested, the employer will have to issue a work permit.
VLS-TS or « visitor » residence card
The VLS-TS or the « visitor » residence card does not allow to work. He is not possible to apply forwork authorization.
Residence card ‘beneficiary of subsidiary protection’, or ‘family member of a beneficiary of subsidiary protection’, or ‘beneficiary of stateless status’ or ‘family member of a beneficiary of stateless status’
These residence cards allow you to work as an employee. The employer is dispensed with to apply for a work permit.
VLS-TS or residence card « ICT posted employee », or « ICT posted employee (family) » or a residence card « ICT mobile posted employee » or « ICT mobile posted employee (family) »
The rules are different depending on the VLS-TS or the residence card that the foreigner holds:
VLS-TS or residence card « ICT posted employee » or « ICT posted employee (family) »
The rules are different depending on the VLS-TS or the residence card that the foreigner holds:
VLS-TS or residence card « ICT posted employee »
The VLS-TS or the residence card « ICT posted employee » authorizes the exercise of the professional activity as an employed person which has made it possible to obtain it, in the context of the posting. The employer is dispensed with to apply for a work permit.
Before hiring a foreigners national, the employer must check the authenticity of the residence permit authorizing him to work in France, with the prefecture of the place of employment at least 2 working days prior to the effective date of the request.
However, this verification is not to be carried out if the foreigner is included on the list of job seekers of France Travail.
Without a response within 2 working days of receipt of the request, the employer's verification obligation is deemed to have been fulfilled.
VLS-TS or residence card « ICT posted employee (family) »
The VLS-TS or the residence card « ICT posted employee (family) » allows you to work as an employee. The employer is dispensed with to apply for a work permit.
Before hiring a foreigners national, the employer must check the authenticity of the residence permit authorizing him to work in France, with the prefecture of the place of employment at least 2 working days prior to the effective date of the request.
However, this verification is not to be carried out if the foreigner is included on the list of job seekers of France Travail.
Without a response within 2 working days of receipt of the request, the employer's verification obligation is deemed to have been fulfilled.
Residence card « ICT mobile posted employee » or « ICT mobile posted employee (family) »
The rules are different depending on the VLS-TS or the residence card that the foreigner holds:
Residence card « ICT mobile posted employee »
The rules are different depending on the duration of the mission:
A foreigner who has an ICT residence permit issued by another EU country may come to France for an identical mission of 90 days or less. The employer is dispensed with to apply for a work permit.
A foreigner who has an ICT residence permit issued by another EU country may come to France for an identical mission lasting more than 90 days.
The employer must ask a work permit.
The foreigner must apply for a residence permit in France.
Residence card « ICT (family) mobile posted employee »
The VLS-TS or the residence card « ICT (family) mobile detached employee » allows you to work as an employee. The employer is dispensed with to apply for a work permit.
Before hiring a foreigners national, the employer must check the authenticity of the residence permit authorizing him to work in France, with the prefecture of the place of employment at least 2 working days prior to the effective date of the request.
However, this verification is not to be carried out if the foreigner is included on the list of job seekers of France Travail.
Without a response within 2 working days of receipt of the request, the employer's verification obligation is deemed to have been fulfilled.
VLS-TS or residence card ‘trainee’ or ‘ICT trainee’ or ‘ICT trainee (family) or ‘ICT mobile trainee’ or ‘ICT mobile trainee (family)’
The rules are different depending on the VLS-TS or the residence card that the foreigner holds:
VLS-TS or residence card ‘trainee’ or ‘ICT trainee’ or ‘ICT trainee (family)’
The rules are different depending on the VLS-TS or the residence card that the foreigner holds:
VLS-TS or residence card ‘trainee’ or ‘ICT trainee’
The VLS-TS or the residence card ‘trainee’, or ‘ICT trainee’ does not allow work. He is not possible to apply for a work permit.
VLS-TS or residence card « ICT trainee (family) »
The VLS-TS or the residence card « ICT trainee (family) » allows to work.
The employer is dispensed with to apply for a work permit.
Before hiring a foreigners national, the employer must check the authenticity of the residence permit authorizing him to work in France, with the prefecture of the place of employment at least 2 working days prior to the effective date of the request.
However, this verification is not to be carried out if the foreigner is included on the list of job seekers of France Travail.
Without a response within 2 working days of receipt of the request, the employer's verification obligation is deemed to have been fulfilled.
Residence card « ICT mobile trainee » or « ICT mobile trainee (family) »
The rules are different depending on the VLS-TS or the residence card that the foreigner holds:
Residence card « ICT mobile trainee »
The VLS-TS or the residence card « ICT mobile trainee » does not allow work.
He is not possible to apply for a work permit.
Residence card « ICT mobile trainee (family) »
The VLS-TS or the residence card « ICT mobile trainee (family) » allows to work.
The employer is dispensed with to apply for a work permit.
Before hiring a foreigners national, the employer must check the authenticity of the residence permit authorizing him to work in France, with the prefecture of the place of employment at least 2 working days prior to the effective date of the request.
However, this verification is not to be carried out if the foreigner is included on the list of job seekers of France Travail.
Without a response within 2 working days of receipt of the request, the employer's verification obligation is deemed to have been fulfilled.
Working Holiday Visa
The working holiday visa allows to work.
The employer is dispensed with to apply for a work permit.
Provisional residence authorization (APS) or receipt or dematerialized certificate from ANEF
The rules are different depending on the document the foreigner holds:
The foreigner has a PSA
The rules are different depending on the document the foreigner holds:
APS « job search/company creation »
The APS « job search/company creation » allows you to work as an employee. The employer is dispensed with to apply for a work permit.
However, the job must correspond to the training or research of the foreigner and the remuneration must be greater than €2,800.53.
The limitation to 60%the annual working time (964 hours) does not apply.
Before hiring a foreigners national, the employer must check the authenticity of the residence permit authorizing him to work in France, with the prefecture of the place of employment at least 2 working days prior to the effective date of the request.
However, this verification is not to be carried out if the foreigner is included on the list of job seekers of France Travail.
Without a response within 2 working days of receipt of the request, the employer's verification obligation is deemed to have been fulfilled.
APS « accompanying parent of a sick child »
This APS allows you to work.
The employer is dispensed with to apply for a work permit.
Before hiring a foreigners national, the employer must check the authenticity of the residence permit authorizing him to work in France, with the prefecture of the place of employment at least 2 working days prior to the effective date of the request.
However, this verification is not to be carried out if the foreigner is included on the list of job seekers of France Travail.
Without a response within 2 working days of receipt of the request, the employer's verification obligation is deemed to have been fulfilled.
APS ‘asylum seeker’
This PSA does not allow to work.
The employer must ask a work permit.
In addition, work authorization can only be requested after a period of 6 months without a response from theOfpra: titleContent to the asylum application.
Warning
A work permit must be requested for each new employment contract.
APS "temporary protection - Ukraine"
This PSA allows you to work.
The employer is dispensed with to apply for a work permit.
Before hiring a foreigners national, the employer must check the authenticity of the residence permit authorizing him to work in France, with the prefecture of the place of employment at least 2 working days prior to the effective date of the request.
However, this verification is not to be carried out if the foreigner is included on the list of job seekers of France Travail.
Without a response within 2 working days of receipt of the request, the employer's verification obligation is deemed to have been fulfilled.
The foreigner has a receipt
The rules are different depending on whether the receipt is issued in the case of a 1re application for a residence card or renewal:
Receipt of 1st request for residence card
The receipt of 1 re applying for one of the following residence cards allows you to work:
- Temporary residence card "employee" or "temporary worker", but only with the employer who has obtained the work authorization
- Temporary residence card « job search/company creation »
- Residence card "private and family life" issued abroad which has been entrusted to theAse: titleContent not later than 16 years of age
- Residence card "private and family life" or residence card issued abroad victim of trafficking in human beings or procuring
- Residence card "private and family life" or residence card issued to a foreigner who is the beneficiary of an occupational pension or sickness and whose rate of permanent incapacity is equal to or greater than 20%
- Residence card "private and family life" issued to the child of a foreigner who had a long-term EU residence card in another EU member country and has a temporary residence card in France, provided that this child has been staying in France for at least 1 year
- Multi-annual residence card ‘ICT posted employee’ or ‘ICT mobile posted employee’
- Multi-annual residence card « ICT posted employee (family) » or « ICT mobile posted employee (family) »
- Multi-annual residence card ‘beneficiary of statelessness’ or ‘family member of a beneficiary of statelessness’
- Residence card as a stateless person or family member of a stateless person
- Residence card issued abroad meeting the conditions for obtaining French nationality
- Resident card issued abroad having fought in the French army, the ranks of the French forces from the interior, an allied army or the Foreign Legion
- Residence card issued abroad right holder of a foreigner receiving a death pension for work-related injury or occupational disease
- Resident card issued abroad who has a « retired » residence card and wishes to reside in France.
Warning
In order to work, the receipt must indicate: " authorizes its holder to work ».
Before hiring a foreigners national, the employer must check the authenticity of the residence permit authorizing him to work in France, with the prefecture of the place of employment at least 2 working days prior to the effective date of the request.
However, this verification is not to be carried out if the foreigner is included on the list of job seekers of France Travail.
Without a response within 2 working days of receipt of the request, the employer's verification obligation is deemed to have been fulfilled.
Receipt for the renewal of residence card
The receipt for the renewal of a residence card authorizing work also allows work.
Warning
In order to work, the receipt must indicate: " authorizes its holder to work ».
Before hiring a foreigners national, the employer must check the authenticity of the residence permit authorizing him to work in France, with the prefecture of the place of employment at least 2 working days prior to the effective date of the request.
However, this verification is not to be carried out if the foreigner is included on the list of job seekers of France Travail.
Without a response within 2 working days of receipt of the request, the employer's verification obligation is deemed to have been fulfilled.
The foreigner has a digital certificate (ANEF)
The rules differ according to the certificate:
Confirmation of deposit certificate
This attestation does not allow to work.
Certificate of extension of investigation
The rules are different if it is a 1re application or renewal of a residence card:
The certificate of extension of investigation of a 1re applying for one of the following residence cards allows you to work:
- Residence card « talent » or « talent (family) »
- Residence card « seasonal worker » but only with the employer having obtained a work permit
- Residence card « private and family life » or residence card issued abroad married to a French person
- Residence card « private and family life » issued abroad parent of a French child
- Resident card issued abroad, dependent father or mother of a Frenchman or his spouse
- Resident card issued abroad who is the child of a Frenchman
- Residence card « private and family life » issued abroad born in France who has resided there at least 8 years continuously and has followed, after the age of 10, a minimum education of 5 years in a French school
- Residence card issued to the husband, wife or child of a foreigner with a residence card who has come for family reunification
- Residence card "private and family life" issued abroad which has been entrusted to theAse: titleContent not later than 16 years of age
- Resident card issued to a foreign national who has been granted refugee status and to his or her family members (father or mother, child, spouse, partner, cohabiting partner)
- Residence card or residence card issued to a foreign national enjoying subsidiary protection and to members of his family (father or mother, child, spouse, partner, cohabiting partner)
- Residence card or residence card issued to a foreign national who has been granted stateless status and to members of his or her family (father or mother, child, spouse, partner, cohabiting partner)
- Residence card or residence card issued to a foreign national who is a victim of trafficking in human beings or procuring.
Before hiring a foreigners national, the employer must check the authenticity of the residence permit authorizing him to work in France, with the prefecture of the place of employment at least 2 working days prior to the effective date of the request.
However, this verification is not to be carried out if the foreigner is included on the list of job seekers of France Travail.
Without a response within 2 working days of receipt of the request, the employer's verification obligation is deemed to have been fulfilled.
The certificate of extension of the examination of an application for renewal of a residence card authorizing work also allows work.
Before hiring a foreigners national, the employer must check the authenticity of the residence permit authorizing him to work in France, with the prefecture of the place of employment at least 2 working days prior to the effective date of the request.
However, this verification is not to be carried out if the foreigner is included on the list of job seekers of France Travail.
Without a response within 2 working days of receipt of the request, the employer's verification obligation is deemed to have been fulfilled.
Statement of favorable decision
The certificate of favorable decision allows to work if the residence card that will be issued authorizes it.
Before hiring a foreigners national, the employer must check the authenticity of the residence permit authorizing him to work in France, with the prefecture of the place of employment at least 2 working days prior to the effective date of the request.
However, this verification is not to be carried out if the foreigner is included on the list of job seekers of France Travail.
Without a response within 2 working days of receipt of the request, the employer's verification obligation is deemed to have been fulfilled.
Stay in France for a period of less than or equal to 3 months
The rules are different depending on the reason for the short stay:
Sports, cultural, artistic and scientific events
The foreigner can work.
The employer is dispensed with to apply for a work permit.
Symposia, seminars and trade shows
The foreigner can work.
The employer is dispensed with to apply for a work permit.
Film, audiovisual, performance and phonographic production and distribution, as an artist or technical staff
The foreigner can work.
The employer is dispensed with to apply for a work permit.
Modeling and artistic pose
The foreigner can work.
The employer is dispensed with to apply for a work permit.
Personal services (domestic worker) during the stay in France of a particular employer
The foreigner can work.
The employer is dispensed with to apply for a work permit.
Audit and expertise assignments in IT, management, finance, insurance, architecture and engineering as a contracted employee
The foreigner can work.
The employer is dispensed with to apply for a work permit.
Teaching as a visiting professor
The foreigner can work.
The employer is dispensed with to apply for a work permit.
Other reason
THE FOREIGNER cannot work.
The employer must ask a work permit.
Change of status
In the event of a change of status to a residence card " employee ’ or ‘ temporary worker », the employer must ask a work permit.
Minor from 16 to 18 years
An employer who wishes to conclude an employment contract with a minor between the ages of 16 and 18 must apply for a work permit.
Work authorization is also mandatory in the case of an apprenticeship or professionalization contract.
Pre-publication of the job offer
Before applying for a work permit, the job offer must have been published for a period of 3 consecutive weeks in the 6 months preceding the submission of this application to the public employment service.
At the end of the 3 weeks of publication, if no valid application has been received, the application for work authorization can be made.
However, the prior publication of the job offer is not required if any of the following conditions are met:
- Employment on the list of looms in tension
- Foreigner with a residence card "job search or creation of a company" provided that the employment contract offered is related to his training or research and provides for a remuneration greater than €2,800.53
- Foreigner having obtained a master's degree or a level I diploma labeled by the Conference of Grandes Ecoles or a diploma of professional license, provided that the proposed employment contract is related to his training and provides for a remuneration at least equal to €2,800.53
- Foreigner, entrusted to theAse: titleContent between the ages of 16 and 18, and who requests exceptional admission to stay for work
- Foreigner entrusted to the Esa at the time of its decision on its application for work authorization, if it has concluded, in connection with its curriculum, an apprenticeship or professionalization contract, validated by theSkills operator (OPCO) (private sector) or Dreets: titleContent (public sector).
Application for work authorization by the employer or agent
The rules are different depending on the reason for which the work permit is requested:
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General case
The application for a work permit is made by the employer himself or by a agent.
Temporary secondment of an employee by a company not established in France
In case of temporary posting of an employee by a company not established in France, the application for work authorization is made by one of the following persons:
- Ordering party established in France
- Or user company in case of making available by a temporary work company located abroad or when the provision is made in the context of a non-profit-making labor loan.
Apprentice whose employer is established abroad and hosted in a company established in France to complete his training
Where the application for a work permit concerns an apprentice whose employer is established abroad and is hosted in a company established in France to complete his training, it shall be made by the host company.
Request made by online service
Whether the foreigner is in France or abroad, the application for a work permit is made only on the internet
Apply online for a work permit to hire a foreigner employee
Once the online entry has been validated, it is possible to download, via the confirmation screen, a deposit confirmation that will also be sent by email. This deposit confirmation does not allow not to work.
Warning
The online procedure is not possible if the foreigner is in France without a residence permit. In this case, you have to apply forexceptional admission to stay.
Competent authority for examining the application for a work permit
The competent administration depends on the foreigner residence :
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The foreigner resides in France
An online work authorization application is sent to the prefect of the department in which the employer has its head office or residence when the employer is an individual.
The foreigner resides outside France
The competent administration depends on the place of establishment of the employer :
The employer is established in France
The online work authorization application is sent to the prefect of the department in which the employer institution has its head office or the individual employer has his residence.
The employer is established outside France
The competent administration is different depending on whether it is a secondment or a itinerant employment :
The foreigner is coming on secondment
The application for work authorization made online is sent to the prefect of the department where the co-contractor if the foreigner is seconded as part of an intra-group mobility, or to the prefect of the host department when there is no co-contractor in France.
The foreigner is in itinerant work
In case of itinerant employment, the work authorization application made online is transmitted to the prefect of the department of his 1er place of employment.
Whether the foreigner is already in France or abroad, several criteria are taken into account to grant or refuse work authorization.
Conditions related to the proposed employment
The conditions for the proposed job vary depending on the situation:
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General case
To apply for work authorization, the proposed job must complete one of the following conditions:
- Figure on the list of looms in tension
- Have been published during 3 consecutive weeks in the 6 months prior to filing the application with organizations contributing to the public employment service. For example, France Travail (formerly Pôle emploi). No valid application has not been received.
Foreigner with a residence card "student" or "student-mobility program"
The foreigner student can work up to 964 hours per year. Beyond that, work authorization is necessary.
To apply for work authorization, the proposed job must complete one of the following conditions:
- Figure on the list of looms in tension
- Have been published during 3 consecutive weeks in the 6 months prior to filing the application with organizations contributing to the public employment service. For example, France Travail (formerly Pôle emploi). No valid application has not been received.
Please note
If the foreigner has finished his curriculum in France, the job offered must match to diplomas and the experience gained in France or abroad.
Foreigner with a "job search / company creation" card
Where the proposed job fulfills the 2 following conditions:
- Contract of work in relationship with the training or job searches of the foreigner
- Remuneration at least equal à €2,800.53.
The employer did not not to publish an offer of employment with organizations contributing to the public employment service. For example, France Travail (formerly Pôle emploi).
This job may not to be included in the list of looms in tension.
Foreigner student with a degree equivalent to the master's degree
Where the proposed job fills the following 2 conditions:
- Contract of work in relationship with the training
- Remuneration at least equal to €2,800.53.
The employer did not not to publish an offer of employment with organizations contributing to the public employment service. For example, France Travail (formerly Pôle emploi).
This job may not to be included in the list of looms in tension.
The diploma must have been obtained in the year.
Conditions relating to the employer, the client, the user or host company
The employer, the principal, the user or host company must complete all the following conditions :
- Respect the social obligations related to their status or activity
- Not having been criminally convicted or is subject to administrative penalties for the following facts:
- Illegal work or infringements of general health and safety rules
- Aid for irregular entry and stay or for breach of the rules of temporary secondment
- Offenses against the human person or forgery and use of forgery
In addition, no breach severe in these matters shall not have been found by the administration. - Provide an attestation, dated less than 6 months, the payment of social security contributions to the body responsible for their recovery
- Provide evidence, where the request relates to a seasonal employment, that the worker shall have, for the duration of his stay, accommodation assuring him of decent living conditions.
Please note
The work permit may be refused whether the recruitment project is obviously disproportionate with regard to the activity economic of the applicant.
Conditions of practice of the trade if the profession is regulated
The occupation exercised by the future employee can be a regulated profession. In this hypothesis, the regulatory conditions of practice shall be respected.
Conditions of remuneration
Remuneration cannot not be inferior at Smic: titleContent (or the salary provided for in the collective agreement applicable to the company, if such remuneration is higher than the minimum wage).
Once a work permit has been obtained, the rules differ according to the foreigner employee's place of residence:
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Residence in France
The rules differ depending on the residence card the foreigner holds:
Residence card « employee »
The rules are different depending on whether the work authorization was obtained for a DTA: titleContent or a FIXED-TERM: titleContent :
Work authorization obtained for a permanent contract
The foreigner can work directly.
Work authorization obtained for a fixed-term contract
THE FOREIGNER can't work with his residence card « employee ». He must apply for a change of status to apply for a « temporary worker » residence card and wait until he has at least one receipt stating « authorizes his holder to work » before he can work.
Temporary worker residence card
The rules are different depending on whether the work authorization was obtained for a DTA: titleContent or a FIXED-TERM: titleContent :
Work authorization obtained for a fixed-term contract
The foreigner can work directly.
Work authorization obtained for a permanent contract
THE FOREIGNER can't work with his residence card « temporary worker ». He must apply for a change of status to apply for an "employee" residence card and wait until he has at least a receipt stating "authorizes his holder to work" to work.
Residence card "seasonal worker"
The rules are different depending on whether the work permit was obtained for seasonal work or not:
Work authorization obtained for a seasonal fixed-term contract
The foreigner can work directly.
Work authorization obtained for a fixed-term contract other than seasonal or a permanent contract
THE FOREIGNER can't work with his residence permit ‘seasonal worker’.
In addition, since the change of status is not permitted, the foreigner must leave France and apply for a long-stay visa at the French consulate in his country of residence.
Certificate of asylum seeker
The foreigner can work directly.
Other document
The work permit must be given abroad in order for him to change his status. He will only be able to work when he has a receipt stating " authorizes its holder to work ».
Residence abroad
Once a work permit has been obtained, the employer must send it abroad so that he can apply for a long-stay visa at the French consulate.
The rules are different depending on whether you were refused notified or not by the prefect:
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Refusal notified by the prefect
Once the unfavorable response is received, you can train within 2 months from this refusal the following remedies:
- Administrative appeal (ex gratia before the prefect and/or hierarchical redress before the Minister of the Interior)
- Or litigation before the administrative court. The use of a lawyer is not mandatory.
No response from the prefect on your request
If the prefecture has not replied after 2 months, this is an implicit refusal.
You can then train within 2 months from this refusalthe following remedies:
- Administrative appeal (ex gratia before the prefect and/or hierarchical redress before the Minister of the Interior)
- Or litigation before the administrative court. The use of a lawyer is not mandatory.
Financial commitment of the employer
An employer tax is due to the 1re admission to stay of a foreigners employee or a foreigners employee temporarily posted by a company not established in France for the exercise of an employed professional activity subject to work authorization.
The tax is due for work authorizations for periods longer than 3 months, except for seasonal agricultural workers where it is due from 1er day.
FYI
The employer tax is not due only once on hiring and only by the 1er employer to obtain a residence permit on the grounds of work. However, it will be payable again if the foreigner who left France after the expiration of his title returns to work requiring a work permit.
Exemption from payment of employer's tax
The employer's tax is not payable in the case of the hiring of the following foreigner employees:
- Employee recruited by a private individual to carry out work of a family or household nature at home
- Employee from new EU Member States during the transitional period
- Employee recruited for a period of more than 3 months for the purpose of conducting research or teaching at university level, by a public research organization, a higher education institution awarding a degree conferring the degree of master, a scientific cooperation foundation, a public scientific cooperation institution, a foundation recognized as being of public utility in the approved research sector, regardless of the duration of the contract and the amount of remuneration
- Employee with a residence permit to work without a work permit
- Employee coming to work for a period of less than or equal to 3 months in a field for which a work permit is not mandatory
- Employee coming to work as a temporary language assistant.
Employer tax amount
The amount of the employer tax depends on the duration of the employment contract, the level of remuneration and the type of employment contract:
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Employment contract of more than 3 months and less than 12 months
The amount of employer tax varies according to the gross monthly salary paid:
Gross monthly salary amount | Tax Amount |
|---|---|
Not more than €1,867.02 (Smic: titleContent) | €74 |
Enter €1,867.02 and €2,800.53 | €210 |
Greater than €2,800.53 | €300 |
Employment contract of 12 months or more
The amount of employer tax varies according to the gross monthly salary paid:
Amount of salary | Tax Amount |
|---|---|
Less than €4,667.54 | 55% of gross monthly salary |
Greater than or equal to €4,667.54 | €2,567.15 |
Seasonal employment contracts
The amount of the employer tax is €50 by month of paid, full or incomplete activity. It is due for each seasonal contract.
Contract within the framework of a bilateral agreement for exchanges of young professionals
In case of hiring in the framework for a bilateral agreement on exchanges of young professionals, the amount of the employer's tax shall be €72.
Payment of employer tax
The payment of the employer's tax is made with the payment of the VAT: titleContent and the other taxes mentioned in the Annex to the VAT declaration.
The declaration and the payment of the tax follow the VAT system of the employer.
- Dependent employer the normal real tax regime has to file his tax. This declaration shall be made on Annex No3310 A. The VAT return is to be filed for the month of January or 1er quarter of the year following the year in which the tax became chargeable.
- Dependent employer of the simplified tax system VAT (IHR) or the simplified agricultural scheme in VAT (RSA) must remote declare the tax on the form n°3517-S-SD (general diet) or No 3517-AGR-SD (agricultural scheme). The tax must be filed in respect of the financial year in which the tax became chargeable.
- Employer who is not not liable for VAT must remotely declare its tax on the schedule No. 3310 A the VAT return by 25 February of the year following that in which the tax became chargeable.
In the event of cessation of activity, the employer must declare and pay immediately without waiting for the following year.
More detailed information is available on the tax site.
The rules are different depending on whether the work permit has been issued in metropolis or in a overseas department or overseas community :
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Authorization issued in metropolitan France
The work permit issued in metropolitan France only allows working in metropolitan France.
In the event of a move to an overseas department or community, a new application for a work permit will have to be made, unless the foreigner has a residence card "private and family life" or a residence card. Indeed, in these two cases, the registration of the declaration of change of address will be sufficient to be able to work in the overseas department or community.
Work permit issued in an overseas department or collectivity
Some residence cards issued in an overseas department or community may only be used to work in that department or community.
The residence cards concerned are as follows:
- Residence card "private and family life" issued:
- To the husband or wife of a Frenchman
- To the parent of a French child
- Abroad born in France who has resided there for at least 8 years continuously and has followed, after the age of 10, a minimum education of 5 years in a French school
- A family member (spouse or child) who has entered France for family reunification
- Abroad who entered France before the age of 13 and who has usually resided there since that age with his father or mother who holds a residence permit
- Abroad entrusted to the service ofAse: titleContent not later than 16 years of age
- Abroad who justifies personal and family ties in France
- Abroad whose state of health requires medical care
- Abroad who has an occupational disability or illness pension and whose rate of permanent incapacity is equal to or greater than 20%
- A family member (husband, wife or child) of a foreigner who had a long-term EU residence card in another EU member country and has a temporary residence card in France
- Temporary residence card ‘ICT trainee (family)’ or ‘ICT mobile trainee (family)’
- Multi-annual residence card « talent (family) »
- Multi-annual residence card « ICT posted employee (family) » or « ICT mobile posted employee (family) »
- Resident card or EU long-term resident card issued:
- Abroad who has a residence card "talent - European Blue Card"
- Abroad who has a residence card « talent (family) »
- Abroad who has a residence card « private and family life » as a spouse of a French person
- Abroad who has a residence card « private and family life » as a parent of a French child
- Abroad who has a residence card « private and family life » as a dependent parent (father or mother) or in-laws of a French person
- Abroad who has a residence card « private and family life » as a dependent child of a French person
- Abroad who has a residence card « private and family life » and has entered France under family reunification
- Abroad who has been granted refugee status and members of his family (father or mother, child, spouse, partner, cohabiting partner)
- Abroad who has a residence card "private and family life" as a stateless person or beneficiary of subsidiary protection, and members of his family (father or mother, child, spouse, partner, cohabiting partner)
- Abroad who has a residence card "private and family life" as a victim of human trafficking or pimping
- Abroad who meets the conditions for naturalization by decree
- Abroad who served in a fighting unit of the French army or an allied army, who fought in the ranks of the French Forces of the Interior (FFI) or who served in the Foreign Legion
- Abroad who has a residence card "private and family life" as holder of an occupational pension or illness
- Abroad right holder of a foreigner and who is in receipt of a death pension for work-related injury or occupational disease
- Abroad who has a « retired » residence card
- Abroad who resides continuously and regularly with a residence card for at least 5 years in France, who has stable, regular and sufficient resources to meet his needs, and who has health insurance
- Resident card issued in New Caledonia.
In the event of a move to the metropolis or to another overseas department or community other than the one that issued the work permit, a new application will have to be made, unless the foreigner has a residence card "private and family life" or a residence card. Indeed, in these two cases, the registration of the change of address declaration will be sufficient to be able to work in the new geographical area.
If the work authorization has an end of validity, the employer must request its renewal during the 2e month before that end date.
The renewal of the work permit application is only done on the Internet:
Once the validity date of the residence permit, it is no longer possible to work. You have to wait until you have a receipt or a certificate of extension of education mentioning the right to work.
However, where the foreigner has a multi-annual residence card for a period of 4 years or a resident card, and that he has made his application for renewal before its end of validity, he retains the right to work within 3 months from this end of validity.
Yes, the employer risks penalties that vary depending on whether the employer is a natural person or a legal person :
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The employer is a natural person
The employer may be sanctioned by a fine penal, of a prison sentence and a administrative fine depending on the situation:
The employer knowingly hired or retained a foreigner in its service without a work permit
The employer risks criminal and administrative sanctions.
Criminal sanctions
The penalties are as follows:
- Penal fine: €30,000 by foreigner concerned
- Prison sentence (combined with the fine): 5 years.
The following additional penalties may also be imposed (the judge may decide whether to apply the whole sentence or not):
- Posting, dissemination (if necessary on the website of the Ministry of Labor)
- Confiscation of tools, machinery, vehicles and products
- Prohibition of professional activity for up to 5 years
- Exclusion from public procurement for up to 5 years
- Prohibition of civil, family and civil rights
- Ban on French territory for up to 5 years.
Please note
Fraud or a false declaration for the purpose of obtaining a foreigner's authorization to engage in an activity as an employed person shall be punished 1 year in prison and a fine of €3,000.
Administrative fines
The penalties are as follows:
- Refusal to grant public aid for employment and vocational training to natural and legal persons for a period of up to five years
- Repayment of aid paid in the previous year
- Temporary closure of an establishment with possible preservation professional equipment, for a maximum of 3 months.
For activities carried out outside a company establishment (construction site BTP: titleContent or agricultural work, provision of manpower for example), this closure takes the form of a temporary cessation of company activity. - Temporary exclusion from administrative contracts for a maximum of 6 months.
The employer also faces an administrative fine of up to 5,000 times the hourly rate of guaranteed minimum (or €21,750 per foreigner worker).
In case of recurrence in the 5 years, the administrative fine shall not exceed 15,000 times the hourly rate of guaranteed minimum (or €65,250 per foreigner worker).
The maximum administrative fine shall be reduced to 2,000 times the hourly rate of guaranteed minimum (or €8,700) where the employer has paid spontaneously, within 30 days as from the finding of the infringement, salaries and allowances.
In determining the amount of the fine, the following factors shall be taken into account:
- Financial capacity of the offender
- Degree of intentionality
- Degree of seriousness of negligence
- Costs of removal from France of the foreigners national in an irregular situation.
Please note
Where the same person is punished by an administrative fine and a criminal penalty for the same acts, the total amount of the fines shall not exceed the highest legal maximum.
The employer is at risk 2 months in prison and a fine of €3,750 if it does not comply with these administrative decisions (reimbursement of public aid, temporary closure of the establishment or temporary exclusion of administrative contracts).
The employer has knowingly hired or retained a foreigner in a professional category, occupation or geographical area other than those mentioned on the work permit
The employer risks criminal and administrative sanctions.
Criminal sanctions
The penalties are as follows:
- Penal fine: €30,000 by foreigner concerned
- Prison sentence (combined with the fine): 5 years.
The following additional penalties may also be imposed (the judge may decide whether to apply the whole sentence or not):
- Posting, dissemination (if necessary on the website of the Ministry of Labor)
- Confiscation of tools, machinery, vehicles and products
- Prohibition of professional activity for up to 5 years
- Exclusion from public procurement for up to 5 years
- Prohibition of civil, family and civil rights
- Ban on French territory for up to 5 years.
Please note
Fraud or a false declaration for the purpose of obtaining a foreigner's authorization to engage in an activity as an employed person shall be punished 1 year in prison and a fine of €3,000.
Administrative fines
The penalties are as follows:
- Refusal to grant public aid for employment and vocational training to natural and legal persons for a period of up to five years
- Repayment of aid paid in the previous year
- Temporary closure of an establishment with possible preservation professional equipment, for a maximum of 3 months.
For activities carried out outside a company establishment (construction site BTP: titleContent or agricultural work, provision of manpower for example), this closure takes the form of a temporary cessation of company activity. - Temporary exclusion from administrative contracts for a maximum of 6 months.
The employer also faces an administrative fine of up to 5,000 times the hourly rate of guaranteed minimum (or €21,750 per foreigner worker).
In case of recurrence in the 5 years, the administrative fine shall not exceed 15,000 times the hourly rate of guaranteed minimum (or €65,250 per foreigner worker).
The maximum administrative fine shall be reduced to 2,000 times the hourly rate of guaranteed minimum (or €8,700) where the employer has paid spontaneously, within 30 days as from the finding of the infringement, salaries and allowances.
In determining the amount of the fine, the following factors shall be taken into account:
- Financial capacity of the offender
- Degree of intentionality
- Degree of seriousness of negligence
- Costs of removal from France of the foreigners national in an irregular situation.
Please note
Where the same person is punished by an administrative fine and a criminal penalty for the same acts, the total amount of the fines shall not exceed the highest legal maximum.
The employer is at risk 2 months in prison and a fine of €3,750 if it does not comply with these administrative decisions (reimbursement of public aid, temporary closure of the establishment or temporary exclusion of administrative contracts).
The employer knowingly hired or retained a foreigner in its service without a work permit in an organized gang
The employer risks criminal and administrative sanctions.
Criminal sanctions
The penalties are as follows:
- Penal fine: €200,000 by foreigner concerned
- Prison sentence (combined with fine): 10 years.
The following additional penalties may also be imposed (the judge may decide whether to apply the whole sentence or not):
- Posting, dissemination (if necessary on the website of the Ministry of Labor)
- Confiscation of tools, machinery, vehicles and products
- Prohibition of professional activity for up to 5 years
- Exclusion from public procurement for up to 5 years
- Prohibition of civil, family and civil rights
- Ban on French territory for up to 5 years.
Please note
Fraud or a false declaration for the purpose of obtaining a foreigner's authorization to engage in an activity as an employed person shall be punished 1 year in prison and a fine of €3,000.
Administrative fines
The penalties are as follows:
- Refusal to grant public aid for employment and vocational training to natural and legal persons for a period of up to five years
- Repayment of aid paid in the previous year
- Temporary closure of an establishment with possible preservation professional equipment, for a maximum of 3 months.
For activities carried out outside a company establishment (construction site BTP: titleContent or agricultural work, provision of manpower for example), this closure takes the form of a temporary cessation of company activity. - Temporary exclusion from administrative contracts for a maximum of 6 months.
The employer also faces an administrative fine of up to 5,000 times the hourly rate of guaranteed minimum (or €21,750 per foreigner worker).
In case of recurrence in the 5 years, the administrative fine shall not exceed 15,000 times the hourly rate of guaranteed minimum (or €65,250 per foreigner worker).
The maximum administrative fine shall be reduced to 2,000 times the hourly rate of guaranteed minimum (or €8,700) where the employer has paid spontaneously, within 30 days as from the finding of the infringement, salaries and allowances.
In determining the amount of the fine, the following factors shall be taken into account:
- Financial capacity of the offender
- Degree of intentionality
- Degree of seriousness of negligence
- Costs of removal from France of the foreigners national in an irregular situation.
Please note
Where the same person is punished by an administrative fine and a criminal penalty for the same acts, the total amount of the fines shall not exceed the highest legal maximum.
The employer is at risk 2 months in prison and a fine of €3,750 if it does not comply with these administrative decisions (reimbursement of public aid, temporary closure of the establishment or temporary exclusion of administrative contracts).
The employer knowingly used, directly or indirectly, the services of an employer of a foreigner not entitled to work
The employer risks criminal and administrative sanctions.
Criminal sanctions
The penalties are as follows:
- Penal fine: €30,000 by foreigner concerned
- Prison sentence (combined with the fine): 5 years.
The following additional penalties may also be imposed (the judge may decide whether to apply the whole sentence or not):
- Posting, dissemination (if necessary on the website of the Ministry of Labor)
- Confiscation of tools, machinery, vehicles and products
- Prohibition of professional activity for up to 5 years
- Exclusion from public procurement for up to 5 years
- Prohibition of civil, family and civil rights
- Ban on French territory for up to 5 years.
Please note
Fraud or a false declaration for the purpose of obtaining a foreigner's authorization to engage in an activity as an employed person shall be punished 1 year in prison and a fine of €3,000.
Administrative fines
The penalties are as follows:
- Refusal to grant public aid for employment and vocational training to natural and legal persons for a period of up to five years
- Repayment of aid paid in the previous year
- Temporary closure of an establishment with possible preservation professional equipment, for a maximum of 3 months.
For activities carried out outside a company establishment (construction site BTP: titleContent or agricultural work, provision of manpower for example), this closure takes the form of a temporary cessation of company activity. - Temporary exclusion from administrative contracts for a maximum of 6 months.
The employer also faces an administrative fine of up to 5,000 times the hourly rate of guaranteed minimum (or €21,750 per foreigner worker).
In case of recurrence in the 5 years, the administrative fine shall not exceed 15,000 times the hourly rate of guaranteed minimum (or €65,250 per foreigner worker).
The maximum administrative fine shall be reduced to 2,000 times the hourly rate of guaranteed minimum (or €8,700) where the employer has paid spontaneously, within 30 days as from the finding of the infringement, salaries and allowances.
In determining the amount of the fine, the following factors shall be taken into account:
- Financial capacity of the offender
- Degree of intentionality
- Degree of seriousness of negligence
- Costs of removal from France of the foreigners national in an irregular situation.
Please note
Where the same person is punished by an administrative fine and a criminal penalty for the same acts, the total amount of the fines shall not exceed the highest legal maximum.
The employer is at risk 2 months in prison and a fine of €3,750 if it does not comply with these administrative decisions (reimbursement of public aid, temporary closure of the establishment or temporary exclusion of administrative contracts).
The employer is a legal person
The employer may be sanctioned by a fine penal, of a prison sentence and a administrative fine depending on the situation:
The employer knowingly hired or retained a foreigner in its service without a work permit
The employer risks criminal and administrative sanctions.
Criminal sanctions
The penalties are as follows:
- Penal fine: €150,000 by foreigner concerned
- Prison sentence (combined with the fine): 5 years.
The following additional penalties may also be imposed (the judge may decide whether to apply the whole sentence or not):
- Posting, dissemination (if necessary on the website of the Ministry of Labor)
- Confiscation of tools, machinery, vehicles and products
- Prohibition of professional activity for up to 5 years
- Exclusion from public procurement for up to 5 years
- Prohibition of civil, family and civil rights
- Ban on French territory for up to 5 years.
Administrative fines
The penalties are as follows:
- Refusal to grant public aid for employment and vocational training to natural and legal persons for a period of up to five years
- Repayment of aid paid in the previous year
- Temporary closure of an establishment with possible preservation professional equipment, for a maximum of 3 months.
For activities carried out outside a company establishment (construction site BTP: titleContent or agricultural work, provision of manpower for example), this closure takes the form of a temporary cessation of company activity. - Temporary exclusion from administrative contracts for a maximum of 6 months.
The employer also faces an administrative fine of up to 5,000 times the hourly rate of guaranteed minimum (or €21,750 per foreigner worker).
In case of recurrence in the 5 years, the administrative fine shall not exceed 15,000 times the hourly rate of guaranteed minimum (or €65,250 per foreigner worker).
The maximum administrative fine shall be reduced to 2,000 times the hourly rate of guaranteed minimum (or €8,700) where the employer has paid spontaneously, within 30 days as from the finding of the infringement, salaries and allowances.
In determining the amount of the fine, the following factors shall be taken into account:
- Financial capacity of the offender
- Degree of intentionality
- Degree of seriousness of negligence
- Costs of removal from France of the foreigners national in an irregular situation.
Please note
Where the same person is punished by an administrative fine and a criminal penalty for the same acts, the total amount of the fines shall not exceed the highest legal maximum.
The employer has knowingly hired or retained a foreigner in a professional category, occupation or geographical area other than those mentioned on the work permit
The employer risks criminal and administrative sanctions.
Criminal sanctions
The penalties are as follows:
- Penal fine: €150,000 by foreigner concerned
- Prison sentence (combined with the fine): 5 years.
The following additional penalties may also be imposed (the judge may decide whether to apply the whole sentence or not):
- Posting, dissemination (if necessary on the website of the Ministry of Labor)
- Confiscation of tools, machinery, vehicles and products
- Prohibition of professional activity for up to 5 years
- Exclusion from public procurement for up to 5 years
- Prohibition of civil, family and civil rights
- Ban on French territory for up to 5 years.
Administrative fines
The penalties are as follows:
- Refusal to grant public aid for employment and vocational training to natural and legal persons for a period of up to five years
- Repayment of aid paid in the previous year
- Temporary closure of an establishment with possible preservation professional equipment, for a maximum of 3 months.
For activities carried out outside a company establishment (construction site BTP: titleContent or agricultural work, provision of manpower for example), this closure takes the form of a temporary cessation of company activity. - Temporary exclusion from administrative contracts for a maximum of 6 months.
The employer also faces an administrative fine of up to 5,000 times the hourly rate of guaranteed minimum (or €21,750 per foreigner worker).
In case of recurrence in the 5 years, the administrative fine shall not exceed 15,000 times the hourly rate of guaranteed minimum (or €65,250 per foreigner worker).
The maximum administrative fine shall be reduced to 2,000 times the hourly rate of guaranteed minimum (or €8,700) where the employer has paid spontaneously, within 30 days as from the finding of the infringement, salaries and allowances.
In determining the amount of the fine, the following factors shall be taken into account:
- Financial capacity of the offender
- Degree of intentionality
- Degree of seriousness of negligence
- Costs of removal from France of the foreigners national in an irregular situation.
Please note
Where the same person is punished by an administrative fine and a criminal penalty for the same acts, the total amount of the fines shall not exceed the highest legal maximum.
The employer knowingly hired or retained a foreigner in its service without a work permit in an organized gang
The employer risks criminal and administrative sanctions.
Criminal sanctions
The penalties are as follows:
- Penal fine: €1 000 000 by foreigner concerned
- Prison sentence (combined with fine): 10 years.
The following additional penalties may also be imposed (the judge may decide whether to apply the whole sentence or not):
- Posting, dissemination (if necessary on the website of the Ministry of Labor)
- Confiscation of tools, machinery, vehicles and products
- Prohibition of professional activity for up to 5 years
- Exclusion from public procurement for up to 5 years
- Prohibition of civil, family and civil rights
- Ban on French territory for up to 5 years.
Administrative fines
The penalties are as follows:
- Refusal to grant public aid for employment and vocational training to natural and legal persons for a period of up to five years
- Repayment of aid paid in the previous year
- Temporary closure of an establishment with possible preservation professional equipment, for a maximum of 3 months.
For activities carried out outside a company establishment (construction site BTP: titleContent or agricultural work, provision of manpower for example), this closure takes the form of a temporary cessation of company activity. - Temporary exclusion from administrative contracts for a maximum of 6 months.
The employer also faces an administrative fine of up to 5,000 times the hourly rate of guaranteed minimum (or €21,750 per foreigner worker).
In case of recurrence in the 5 years, the administrative fine shall not exceed 15,000 times the hourly rate of guaranteed minimum (or €65,250 per foreigner worker).
The maximum administrative fine shall be reduced to 2,000 times the hourly rate of guaranteed minimum (or €8,700) where the employer has paid spontaneously, within 30 days as from the finding of the infringement, salaries and allowances.
In determining the amount of the fine, the following factors shall be taken into account:
- Financial capacity of the offender
- Degree of intentionality
- Degree of seriousness of negligence
- Costs of removal from France of the foreigners national in an irregular situation.
Please note
Where the same person is punished by an administrative fine and a criminal penalty for the same acts, the total amount of the fines shall not exceed the highest legal maximum.
The employer knowingly used, directly or indirectly, the services of an employer of a foreigner not entitled to work
The employer risks criminal and administrative sanctions.
Criminal sanctions
The penalties are as follows:
- Penal fine: €150,000 by foreigner concerned
- Prison sentence (combined with the fine): 5 years.
The following additional penalties may also be imposed (the judge may decide whether to apply the whole sentence or not):
- Posting, dissemination (if necessary on the website of the Ministry of Labor)
- Confiscation of tools, machinery, vehicles and products
- Prohibition of professional activity for up to 5 years
- Exclusion from public procurement for up to 5 years
- Prohibition of civil, family and civil rights
- Ban on French territory for up to 5 years.
Administrative fines
The penalties are as follows:
- Refusal to grant public aid for employment and vocational training to natural and legal persons for a period of up to five years
- Repayment of aid paid in the previous year
- Temporary closure of an establishment with possible preservation professional equipment, for a maximum of 3 months.
For activities carried out outside a company establishment (construction site BTP: titleContent or agricultural work, provision of manpower for example), this closure takes the form of a temporary cessation of company activity. - Temporary exclusion from administrative contracts for a maximum of 6 months.
The employer also faces an administrative fine of up to 5,000 times the hourly rate of guaranteed minimum (or €21,750 per foreigner worker).
In case of recurrence in the 5 years, the administrative fine shall not exceed 15,000 times the hourly rate of guaranteed minimum (or €65,250 per foreigner worker).
The maximum administrative fine shall be reduced to 2,000 times the hourly rate of guaranteed minimum (or €8,700) where the employer has paid spontaneously, within 30 days as from the finding of the infringement, salaries and allowances.
In determining the amount of the fine, the following factors shall be taken into account:
- Financial capacity of the offender
- Degree of intentionality
- Degree of seriousness of negligence
- Costs of removal from France of the foreigners national in an irregular situation.
Please note
Where the same person is punished by an administrative fine and a criminal penalty for the same acts, the total amount of the fines shall not exceed the highest legal maximum.
Who can help me?
Find who can answer your questions in your region
For information on procedures and regulations
For more information on this subject, you can contact Allô Service Public.
Please note: the service does not have access to users' personal files and cannot therefore provide information on their progress.
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