How do I hire a foreigner employee? - General case

Verified 23 avril 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.

Your situation

  • The employee has another nationality
  • The employee comes as a foreigner practitioner (doctor, dentist, veterinarian, etc.)
  • The employee has already been registered
Edit

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.

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.

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.

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.

Who shall I contact
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.

Who shall I contact

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 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.

Apply online for work authorization to hire a foreigner

FAQ