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Undocumented worker: what are the rules for breaking the contract of employment?

Verified 12 August 2020 - Directorate for Legal and Administrative Information (Prime Minister)

The employer shall not be authorized to hire or retain in his service a non-European foreign employee who has not work authorization..

An employer who hires or retains a foreigner who is not entitled to work at his service is liable to administrative and criminal sanctions..

It is also prohibited to hire or retain a foreigner in his service without respecting the limitations that may be mentioned on the work authorization. They may relate to the occupational category, occupation or geographical area.

An employee who holds a residence card or a 4-year multi-annual residence card may engage in a professional activity if an application for renewal is pending. This activity can continue for 3 months after the end date of validity of this card.

The employer must break the employment contract of the employee in an irregular situation.

He does not have to respect the rules concerning the breach of the contract of employment (dismissal procedure for CDI: titleContent or disciplinary sanction for CDD: titleContent).

He is not obliged to summon the employee to a prior maintenance..

Nor does he need to apply to the labor inspector for a dismissal authorization if the employee is staff representative..

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.

The employer pays the employee a lump-sum severance pay, under conditions that vary depending on whether the employee is on permanent leave or on a fixed-term contract.

Employee in CDI

The amount of the allowance shall be fixed:

In addition, the employee may claim damages from the prud'homme council it can justify injury.

Please note

in the event of breach of the employment contract following a hidden work, the employee is entitled to a flat-rate allowance equal to 6 months' salary.

CDD employee

The amount of the allowance shall be fixed:

  • a flat-rate allowance equal to 3 months' salary,
  • or, if more favorable, the aggregate amount of compensation for unjustified breach of contract and precarity premium..

In addition, the employee may claim damages from the prud'homme council it can justify injury.

Please note

in the event of breach of the employment contract following a hidden work, the employee is entitled to a flat-rate allowance equal to 6 months' salary.

FYI  

in the event of fraud on the part of the employee and if the employer has carried out the checks on the work title which seemed to be regular, he may apply a disciplinary procedure. He can pronounce a break for serious misconduct without payment of severance or lump sum.