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How do I hire a foreigner employee?
Verified 23 April 2024 - Directorate for Legal and Administrative Information (Prime Minister)
Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden
Funds apprenticeships, assists in the development of professional qualifications and in defining the training needs of companies
Corresponds to all days of the week except the weekly day of rest (usually Sunday) and public holidays usually not worked in the company
Person aged 18 to 25, who came to improve their linguistic, cultural and professional knowledge. She must have a professional degree in the relevant field and have a sufficient command of the French language.
Formality by which a procedural document or a decision is brought to the attention of a person
Person appointed by another person to represent and act on behalf of the person
Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland
Immigration Control Act: creation of an administrative fine
Published on 16 February 2024
The law no. 2024-42 of 26 january 2024 Imposes an administrative fine on employers for employing a foreigner who is not permitted to work.
A decree must specify the conditions of application of this administrative fine.
The information contained on this page remains current and will be amended as soon as the text enters into force.
An employer who wishes to hire a foreigner must check whether he is entitled to work in France. The foreigner must have a work permit or be from a country for which the work permit is not compulsory (European Economic Area - EEA, Switzerland, Monaco, Andorra, San Marino).
What applies to you ?
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Warning
The Algerians, the British and nationals of a country which has concluded a bilateral agreement with France are subject to special rules.
General case
Before hiring a foreigner, the employer must check whether the candidate has the right to work in France.
The employer must then follow the hiring formalities usual.
When the employee has never been registered in France, the employer must apply to the CPAM: titleContent (or the MSA: titleContent for an agricultural worker).
FYI
work authorization may be limited to certain professional activities or geographical areas. The authorization issued in mainland France gives rights only in mainland France.
To work in France, a foreigners employee must have a work permit.
However, some foreigners may be dispensed based on their status or the length of their assignment.
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Resident card or "long-term resident - EU" card
Resident card (or long-term resident card - EU) allows work.
VLS-TS or a residence card for private and family life or a temporary residence card for private and family life as a family member of a foreigner who has obtained long-term EU residence status in another Member State
Long-stay visa as residence permit (or residence permit) "private and family life" allows work.
Warning
For the temporary residence card "private and family life" as a member of the family, the authorization to work shall apply from 1er day of 2eme year following the issue of the title for spouses. It applies without delay to children if they have been staying in France for at least 1 year.
Multi-annual residence card "talent passport" or multi-annual residence card "talent passport (family)"
The talent passport residence card or "talent passport (family)" allows work.
Residence card "ICT posted employee", "ICT mobile employee", "ICT posted employee (family)", "ICT mobile employee (family)"
The maps "ICT seconded employee", "ICT mobile worker", "ICT (family) mobile worker", "ICT mobile worker (family)" allow work.
"ICT trainee" residence permit
The residence card "ICT trainee" allows work.
VLS-TS or residence card "student" or "student mobility program"
The long-stay visa, student residence card or "student mobility program" allows you to practice all professions up to 60% annual hours of work (964 hours).
If the student wishes to work beyond this limit, the future employer must request a work permit before the start of the activity.
FYI
This work authorization is not requested if, as part of the course, the student has signed a apprenticeship contract that has been validated by Skills Operator (OPCO).
Residence permit "job search or company creation"
The residence card job search or company creation allows work.
The student or researcher who wishes to complete his or her training with a 1re professional experience must be paid at least equal to €2,650.38.
Multi-annual residence card "Beneficiary of subsidiary protection" or "family member of a beneficiary of subsidiary protection"
The residence permit Beneficiary of subsidiary protection or "family member of a beneficiary of subsidiary protection" allows the work.
Multi-annual residence card "Beneficiary of stateless status" or "family member of a beneficiary of stateless status"
The residence permit "Beneficiary of stateless status" or "family member of a beneficiary of stateless status" allows work.
Temporary residence permit or the temporary residence document marked "authorizes the holder to work"
This residence permit authorizes work.
Working holiday visa
General case
The "working holiday visa" automatically entitles people to work.
Russian employee
In this situation, in addition to the "working holiday visa", a work permit must be requested.
Sports, cultural, artistic and scientific events
If the benefit is less than or equal to 3 months, the employee does not need a work authorization.
Seminars, seminars and trade fairs
If the benefit is less than or equal to 3 months, the employee does not need a work authorization.
Cinematographic, audiovisual, performance and phonographic publishing production and dissemination, as artist or technical staff
If the benefit is less than or equal to 3 months, the employee does not need a work authorization.
Warning
this exemption applies to the performer and technical staff directly involved in the production or realization.
Mannequinat and artistic pose
If the benefit is less than or equal to 3 months, the employee does not need a work authorization.
Personal services (domestic worker) during the stay in France of a particular employer
If the benefit is less than or equal to 3 months, the employee does not need a work authorization.
Audit and expertise assignments in IT, management, finance, insurance, architecture and engineering as a seconded employee under contract
If the benefit is less than or equal to 3 months, the employee does not need a work authorization.
Warning
The employee must be seconded. An employment contract between the foreigner employer and the employee must exist. The employment relationship must last throughout the period of secondment.
Teaching
If the benefit is less than or equal to 3 months, the employee does not need a work authorization.
Warning
This exemption concerns occasional activities by visiting professors
Foreigner practitioner (doctor, dentist, veterinarian, etc...)
The foreigner practitioner must have a diploma, certificate or other evidence of formal qualifications enabling him to practice in the country in which he obtained that qualification. The decision to assign the Minister responsible for health to a health facility must be presented.
The foreigner can be hired if it has a valid work authorization for the job it is going to occupy regardless of the type of contract.
The foreigner can't get a first work permit of an employed foreigner in France for a contract to promote employment (apprenticeship contract, contract in the course of employment, professionalisation contract).
However, the minor under the care of theAse: titleContent before age 16 can obtain this authorization for a first application if he concludes an apprenticeship or professionalization contract.
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The foreigner has a residence permit which entitles him to work
General case
The employer must check when hiring that the future employee has a valid residence permit valid as work authorization.
He must check his authenticity with the prefect of department of the place of employment or the prefect of police in Paris.
This verification does not have to be carried out when the foreigner is included on the list of jobseekers of France Travail (formerly Pôle emploi).
This must be done at least 2 working days before the effective date of the hiring.
Without a response within 2 working days of receipt of the request, the employer's obligation to verify the existence of the work permit is considered to be fulfilled.
After verifying the residence permit and the work authorization, the employer may then proceed with the hiring formalities usual.
Foreigner student
Hiring a foreigner employee who has a student residence card can only intervene after declaration to the prefecture.
After verifying the residence permit and the work authorization, the employer may then proceed with the hiring formalities usual.
The foreigner does not have this work authorization
Work authorization shall be granted if the application complies with the cumulative conditions attached proposed employment, employer, occupation and remuneration.
Warning
for a "young professional" from countries which have concluded a bilateral agreement with France, the request must be made to theOfii: titleContent or to the French Consulate for Canada.
If the person concerned does not hold a residence permit authorizing the work, his future employer must then request a work permit.
This request must be made online.
Apply online for work authorization to hire a foreigner
The decision is then notified to the employer or to his representative.
In case of agreement, work authorizations are sent to the French Office for Immigration and Integration (Ofii). This transmission concerns only contracts of more than three months' duration and seasonal employment contracts.
After the work permit has been issued, the employer may hiring formalities usual.
FYI
the type and serial number of the work authorization document must be filled in on the single staff register.
Where work authorization is granted for the employment of a foreigner employee, the employer must pay a fee.
This tax does not apply to nationals Europeans, Andorran, Monegasque and San Marino as they enjoy freedom of movement and establishment in France.
The tax is due only on the occasion of the firstre issue of the residence permit of the employee or posted worker.
Please note
Individual employers are exempt from this tax.
The amount of the tax due by the employer shall be determined according to the length of the contract of employment, the level of remuneration and the type of contract of employment of the foreigner or posted employee.
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Employment contract over 3 months and under 12 months
The amount of the tax varies according to the gross monthly salary paid:
Gross monthly salary amount | Tax Amount |
|---|---|
Less than or equal to €1,766.92 (Smic: titleContent) | €74 |
Enter €1,766.92 and €2,650.38 | €210 |
Greater than €2,650.38 | €300 |
Contract of employment of 12 months or more
The amount of the tax varies according to the gross monthly salary paid.
Salary Amount | Tax Amount |
|---|---|
Less than €4,417.29 | 55% gross monthly salary |
Greater than or equal to €4,417.29 | €2,429.51 |
Hiring under seasonal employment contracts
The amount of the tax is €50 per month of full or incomplete employment. The tax is due for each hire.
Hiring under a bilateral exchange agreement for young professionals
If hired in the framework of a bilateral agreement for exchanges of young professionals, the amount of the fee is €72 irrespective of the duration of the employment contract and the amount of salary.
Temporary hiring as a language assistant
There is no tax to pay regardless of the duration of the employment contract and the amount of salary.
How to declare and pay the tax due by the employer?
The employer must declare and pay the tax annually and in due course to the General Directorate of Public Finance (DGFiP).
The tax is payable for hires made in the course of a year.
She's declared and paid in support of the VAT return the following year.
In the event of cessation of activity, the employer will have to declare and pay immediately without waiting until the following year.
The way in which the tax is declared and paid follows the employer’s VAT system.
- The employer who depends of the normal effective system of taxation must teledeclare its tax. This declaration shall be made on Annex No3310 A. The VAT return must be filed in January or 1er quarter of the year following that in which the tax became chargeable.
- The employer who depends of the simplified system of taxation VAT (ROI) or simplified agricultural arrangements VAT (RSA) must remotely declare the tax on the form n°3517-S-SD (general scheme) or n° 3517-AGR-SD (agricultural scheme). It must be filed in respect of the financial year in which the tax became chargeable.
- The employer who is not liable for payment of VAT must remotely declare its tax on the schedule No. 3310 A the VAT return by 25 February of the year following the year in which the VAT became chargeable.
More detailed information is available on the impots.gouv.fr website.
In addition to the DPAE: titleContent, the employer must apply online for registration on the Health Insurance website.
Yes, the employer can be sanctioned by the judge of a fine and a prison sentence depending on the situation.
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The employer knowingly hired or retained a foreigner without a work permit
The penalties are as follows:
- Criminal fine: €30,000 by foreigner concerned
- Prison sentence (combined with fine): 5 years
FYI
Additional sanctions may also be applied (confiscation of property, inadmissibility, prohibition to practice, etc.).
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 penalties are as follows:
- Criminal fine: €30,000 by foreigner concerned
- Prison sentence (combined with fine): 5 years
FYI
Additional sanctions may also be applied (confiscation of property, inadmissibility, prohibition of practice, etc.).
The employer knowingly hired or retained a foreigner without authorization to work in an organized band
The penalties are as follows:
- Criminal fine: €200,000 by foreigner concerned
- Prison sentence (combined with fine): 10 years
FYI
Additional sanctions may also be applied (confiscation of property, inadmissibility, prohibition of practice, etc.).
The employer knowingly engaged, directly or indirectly, in the services of an employer of a foreigner not permitted to work
The penalties are as follows:
- Criminal fine: €30,000 by foreigner concerned
- Prison sentence (combined with fine): 5 years
FYI
Additional sanctions may also be applied (confiscation of property, inadmissibility, prohibition of practice, etc.).
Please note
Fraud or misrepresentation for the purpose of obtaining a foreigner’s entitlement to engage in paid employment shall be punished 1 year in prison and a fine of €3,000.
EEE
To work in France, a national of the European Economic Area does not need work authorization.
An employer wishing to hire a national of one of these countries must respect the hiring formalities usual.
When the employee has never been registered in France, the employer must apply to the CPAM: titleContent (or the MSA: titleContent for an agricultural worker).
In addition to the DPAE: titleContent, the employer must apply online for registration on the Health Insurance website.
Switzerland, Monaco, Andorra or San Marino
France has concluded agreements with Switzerland, Monaco, Andorra and San Marino.
To work in France, a Swiss, a Monegasque, an Andorran or a San Marino does not need a work permit.
An employer wishing to hire a national of one of these countries must respect the hiring formalities usual.
When the employee has never been registered in France, the employer must apply to the CPAM: titleContent (or the MSA: titleContent for an agricultural worker).
In addition to the DPAE: titleContent, the employer must apply online for registration on the Health Insurance website.
Apply online for work authorization to hire a foreigner
Work Authorization
Procedure for authenticating the residence permit
Additional penalties
Special contribution
Work Authorization Document List
Accessibility to apprenticeship and professionalization contracts for minors under the care of child welfare
Employee registration
Content of the single staff register
Waiver of verification for jobseekers
Nominative statement regarding students
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