Foreigner employee without work authorization: what consequences?
Verified 16 February 2024 - Directorate for Legal and Administrative Information (Prime Minister)
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.
One employer who wishes hire an employee non-European foreigner duty check that the foreigner has a work permit or a work permit. Where a non-European foreigner employee does not more work authorization or valid residence permit, the employer shall not can't keep it in the company: it must to terminate the contract of work. We are taking stock of the regulations.
The employer must notify dismissal of employees in DTA: titleContent or early termination for an employee in CSD: titleContent.
He is not obliged to summon the employee to a pre-maintenance.
If the employee is staff representativeHowever, he also does not need to ask the labor inspector for permission to dismiss him.
A pregnant employee's employment contract may be terminated.
The ground for termination of the contract of employment does not constitute a case of force majeure.
FYI
In the case of fraud on the part of the employee and if the employer has carried out the checks on the work authorization which appeared to be regular, the employer may apply a procedure disciplinary. He can make a break for gross negligence without payment of severance pay or lump sum.
Yes, the employer must pay the employee a lump sum termination indemnity.
The amount of compensation varies depending on whether the contract is a DTA: titleContent or a CSD: titleContent.
DTA
The amount of the allowance shall be fixed
- or a flat-rate allowance equal to 3 months' pay,
- or, if more favorable, the cumulative amount of severance pay and notice.
In addition, the employee may request damages to the prud'homme council if he can justify injury.
Please note
In the event of termination of the contract of employment as a result of a concealed work, the employee shall be entitled to a lump-sum allowance equal to six months' pay.
CSD
The amount of the allowance shall be fixed
- or a flat-rate allowance equal to 3 months' pay,
- or, if it is more favorable, the aggregate amount of the compensation for wrongful breach of contract and the precarious premium.
In addition, the employee can claim damages from the prud'homme council if he can justify injury.
Please note
In the event of termination of the contract of employment as a result of a concealed work, the employee shall be entitled to a lump-sum allowance equal to six months' pay.
Yes, the employer can be sanctioned by the judge of a fine and a prison sentence depending on the situation.
Répondez aux questions successives et les réponses s’afficheront automatiquement
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 of 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.).
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Prohibition on employing a foreigner in an irregular situation
Rights of the foreigner employee
3-month period in the case of an ongoing renewal application
Flat-rate allowance equal to 6 months' salary in the case of concealed work
Early termination of fixed-term contract
Additional penalties
Criminal sanctions