Foreigners employee without a work permit: what are the consequences?

Verified 01 January 2026 - Public Service / Directorate of Legal and Administrative Information (Prime Minister)

One employer who wishes hire an employee Non-European foreigner must check that the foreigner has a residence permit authorizing work or a work authorization. When a non-European foreigner employee has more work authorization or valid residence permit, the employer shall can't keep it in the company: it must break the contract of work. We're taking stock of the regulations.

The employer must notify dismissal of an employee in DTA: titleContent or early termination for an employee in FIXED-TERM CONTRACT: titleContent.

He is not obliged to summon the employee to a pre-interview.

If the employee is staff representativeHowever, he also does not need to apply to the labor inspector for a dismissal permit.

The employment contract of a pregnant employee may be terminated.

The reason for the termination of the employment contract does not constitute a case of force majeure.

FYI  

In the event of fraud on the part of the employee and if the employer has carried out checks on the work authorization which seemed to be regular, the employer may apply a procedure disciplinary. He can pronounce a rupture for gross misconduct without payment of severance pay or lump sum compensation.

Yes, the employer must pay the employee compensation that varies depending on whether the contract is a  DTA: titleContent or a FIXED-TERM CONTRACT: titleContent :

DTA

The compensation varies depending on whether the employer terminates the employee's employment contract at the end of the work authorization or after the end of the work authorization, when the employee has continued to work (he is then employed unlawfully).

The employer terminates the employee's employment contract at the end of the work authorization

The dismissed employee may receive a severance pay. However, the employer will not be required to pay the advance notice if the employee is unable to perform it.

The employer terminates the employee's employment contract after the end of the work authorization

The amount of the allowance shall correspond to:

  • Either a lump sum payment equal to 3 months' salary
  • Either, if it is more favorable, to the cumulative amount of severance pay and advance notice.

In addition, the employee can request damages with the labor court council whether it can justify harm.

Please note

In the event of a breach of the employment contract as a result of a hidden work, the employee is entitled to a lump sum compensation equal to 6 months' salary.

FIXED-TERM CONTRACT

The compensation varies depending on whether the employer terminates the employee's employment contract at the end of the work authorization or after the end of the work authorization, when the employee has continued to work (he is then employed unlawfully):

The employer terminates the employee's employment contract at the end of the work authorization

The employer must pay the employee damages in an amount equivalent to that of the remuneration remaining due until the end of the contract as well asprecariousness allowance.

The employer terminates the employee's contract after the end of the work authorization

The amount of the allowance shall correspond to:

  • Either a lump sum payment equal to 3 months' salary
  • Either, if it is more favorable, the cumulative amount of compensation for unjustified breach of contract and precariousness premium.

In addition, the employee can request damages with the labor court council whether it can justify harm.

Please note

In the event of a breach of the employment contract as a result of a hidden work, the employee is entitled to a lump sum compensation equal to 6 months' salary.

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 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.

Additional penalties:

  • 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, civil and family 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 labor for example), this closure takes the form of a temporary cessation of activity of the company.
  • Temporary exclusion of 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 €21,250 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 €63,750 per foreigner worker).

The maximum amount of the administrative fine shall be reduced to 2,000 times the hourly rate of guaranteed minimum (or €8,500) where the employer has paid spontaneously, within 30 days as from the finding of the infringement, the 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 risks 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 from 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.

Additional penalties:

  • 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, civil and family 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 labor for example), this closure takes the form of a temporary cessation of activity of the company.
  • Temporary exclusion of 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 €21,250 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 €63,750 per foreigner worker).

The maximum amount of the administrative fine shall be reduced to 2,000 times the hourly rate of guaranteed minimum (or €8,500) where the employer has paid spontaneously, within 30 days as from the finding of the infringement, the 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 risks 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 from 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 the fine): 10 years.

Additional penalties:

  • 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, civil and family 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 labor for example), this closure takes the form of a temporary cessation of activity of the company.
  • Temporary exclusion of 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 €21,250 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 €63,750 per foreigner worker).

The maximum amount of the administrative fine shall be reduced to 2,000 times the hourly rate of guaranteed minimum (or €8,500) where the employer has paid spontaneously, within 30 days as from the finding of the infringement, the 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 risks 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 from 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.

Additional penalties:

  • 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, civil and family 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 labor for example), this closure takes the form of a temporary cessation of activity of the company.
  • Temporary exclusion of 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 €21,250 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 €63,750 per foreigner worker).

The maximum amount of the administrative fine shall be reduced to 2,000 times the hourly rate of guaranteed minimum (or €8,500) where the employer has paid spontaneously, within 30 days as from the finding of the infringement, the 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 risks 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 from administrative contracts).

The employer is a legal entity

The employer may be sanctioned by 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.

Additional penalties:

  • 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, civil and family 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 labor for example), this closure takes the form of a temporary cessation of activity of the company.
  • Temporary exclusion of 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 €21,250 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 €63,750 per foreigner worker).

The maximum amount of the administrative fine shall be reduced to 2,000 times the hourly rate of guaranteed minimum (or €8,500) where the employer has paid spontaneously, within 30 days as from the finding of the infringement, the 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.

Additional penalties:

  • 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, civil and family 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 labor for example), this closure takes the form of a temporary cessation of activity of the company.
  • Temporary exclusion of 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 €21,250 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 €63,750 per foreigner worker).

The maximum amount of the administrative fine shall be reduced to 2,000 times the hourly rate of guaranteed minimum (or €8,500) where the employer has paid spontaneously, within 30 days as from the finding of the infringement, the 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 the fine): 10 years.

Additional penalties:

  • 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, civil and family 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 labor for example), this closure takes the form of a temporary cessation of activity of the company.
  • Temporary exclusion of 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 €21,250 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 €63,750 per foreigner worker).

The maximum amount of the administrative fine shall be reduced to 2,000 times the hourly rate of guaranteed minimum (or €8,500) where the employer has paid spontaneously, within 30 days as from the finding of the infringement, the 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.

Additional penalties:

  • 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, civil and family 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 labor for example), this closure takes the form of a temporary cessation of activity of the company.
  • Temporary exclusion of 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 €21,250 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 €63,750 per foreigner worker).

The maximum amount of the administrative fine shall be reduced to 2,000 times the hourly rate of guaranteed minimum (or €8,500) where the employer has paid spontaneously, within 30 days as from the finding of the infringement, the 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.

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