Recruiting a foreign employee in France involves complying with a series of legal obligations. These steps ensure that the employee’s residence and right to work are legal, while protecting the company from legal sanctions. Here’s a guide to the key stages and obligations to be aware of.

1. Check the foreign employee’s right to work

The employer’s first responsibility is to ensure that the foreign employee has the right to work in France. This involves a precise analysis of the employee’s administrative situation and documents.

Identifying the residence permit
– The employer must ask the employee to present his or her residence permit or any other document justifying his or her situation in France.
– Some permits allow you to work without additional authorization, such as :
– Passeport Talent
– Residence permit
– Private and family life
– These permits generally include the right to work. On the other hand, other permits may impose restrictions or require a work permit, such as specific permits for salaried employees or temporary workers.
Do I need a work permit?
– Some residence permits, such as those for salaried employees, temporary workers or seasonal workers, require a work permit.
– If the foreign employee does not hold a residence permit that includes the right to work, the employer must apply to the relevant authorities for authorization.
– Each new employment contract requires a new authorization, even if the employee already had one for a previous job.

2. Special case: recruitment from abroad

When a foreign employee is recruited from his or her country of origin, additional formalities are required:

– Obtaining a long-stay visa: The employer must check that the employee has obtained a long-stay visa corresponding to the reason for recruitment (e.g. employee, temporary worker, talent passport).

– Validating the visa: Once in France, the visa is validated directly online via the Ministry of the Interior website, managed by the Office Français de l’Immigration et de l’Intégration (OFII).

3. Checking the authenticity of the residence permit

Employers are required by law to verify the authenticity of the residence permit presented by the foreign employee. This step is essential to avoid any risk of irregular hiring.

Authentication procedure

1. Request to the prefecture: The employer must send a request for authentication at least 48 hours before the start of the contract.

2. No response within 48 hours: If the prefecture does not respond within this timeframe, the request is deemed validated, and the employer can proceed with hiring.

3. Explicit refusal in case of doubt: If the Prefecture expresses doubt about the authenticity of the document, or if it proves to be non-compliant, the recruitment cannot go ahead.

4. Check the validity of documents

Employers are also required to monitor the validity of their foreign employees’ administrative documents:

– Anticipating deadlines: residence permits must be renewed before they expire. The employer must ensure that the employee does this in good time.

– Proactive management: We recommend setting up an alert system to keep track of residence permit expiry dates.

5. Employer responsibilities and sanctions

Failure to comply with these obligations may expose the company to significant penalties:

– Criminal penalties: A fine of up to 15,000 euros per employee hired illegally, and up to five years’ imprisonment.

– Administrative penalties: Suspension or ban on recruitment for a specified period, loss of public subsidies.

– Obligation to cover costs: Employers may be obliged to cover the costs of repatriating employees in an irregular situation.

6. Best practices for companies

There are a number of best practices companies can adopt to ensure that their recruitment processes are compliant, and to avoid sanctions:

– Use of a specialized firm: Outsource the management of administrative procedures to benefit from expertise and avoid errors.

– In-house training: Make HR and payroll managers aware of the rules in force for the employment of foreign employees.

– Implement internal procedures: Integrate a clear process for checking administrative documents on hiring and monitoring their renewal.

Conclusion

Recruiting a foreign employee is a strategic opportunity for many companies, but it also means complying with strict obligations, in particular verifying the right to work and the authenticity of residence permits. Rigorous management of administrative procedures is essential to secure recruitment and protect the company against legal risks. In case of doubt, it is advisable to call on specialized professionals for personalized assistance.

For further information, please contact us at our offices in Paris, Bordeaux and Dakar. We look forward to assisting you with your international recruitment projects.

Our contact details

– Head office : Bordeaux

– Secondary office: Paris

– Telephone: 09 85 40 18 64

– E-mail: contact@legal-fbavocat.fr

– Website: www.fb-avocat.net

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