The hiring of a foreign employee in France, whether or not he or she resides in France, goes through a compulsory administrative procedure that you must respect in order not to take any risk of penalty.
The OFII – the French Office of Immigration and Integration – manages these applications and collects a tax in the process.
Here is how to proceed when hiring a foreign employee in France, depending on each situation.
Hiring a Foreign Employee from an EU country
Thanks to the free movement of people in the European Union, every citizen can work freely within the EU and the EEA (European Economic Area). There is also an agreement with Switzerland.
Hiring a Foreign Employee Residing in France
The procedure for hiring an employee residing in France requires the employer to check the validity of his/her residence permit with the prefecture where the place of hiring depends. If the employer does not receive an answer within two working days, he can then start a standard employment procedure.
Residence Permits Allowing the Employment of a Foreign Employee
If the foreign applicant does not have one of these residence permit, or if you have the slightest doubt, it is undoubtedly more prudent to contact our experts.
Hiring a Foreign Employee Not Residing in France
A company is not allowed to recruit abroad without going through an introduction procedure with the DIRECCTE (DIrection Régionale des Entreprises, de la Concurrence, de la Consommation, du Travail et de l’Emploi).
Countries Having Signed Bilateral Agreements
As a result of the agreements signed bilaterally, some countries are benefiting from simplified procedures: Algeria, Benin, Cape Verde, Congo Brazzaville, Gabon, Morocco, Mauritius, Senegal and Tunisia for the African continent; Argentina, Canada and the United States for America; Montenegro, Russia and Serbia for Europe; and New Zealand for Oceania.
These agreements concern workers between the ages of 18 and 35, qualified for the job in question, coming to France alone and on a fixed-term contract of 3, 18 or 24 months.
The Exception of Assisted Contracts
Some assisted contracts are not eligible: apprenticeship contract, single integration contract, contract for integration through economic activity, contract for integration into social life and professionalisation contract.
The Procedure For Hiring A Foreign Employee
The company submits an application with a commitment to pay the fees to the OFII, a copy of the planned employment contract and a notice on the accommodation arrangements offered to the employee.
If the DIRECCTE gives its approval, it forwards the file to the consulate and the OFII to manage the arrival of the foreign worker, with his or her medical check-up and the issue of the visa.
In the event of refusal, MFV will inform you of the appeal procedures and assist you from A to Z.
Fees paid to the OFII to hire a foreign employee
For contracts of less than 12 months, the company pays a tax, calculated as follows :
Sanctions in the event of the hiring of an Irregular Foreign Worker
Articles L8256-1 et seq. of the Labour Code define the sanctions for the entrepreneur, the company and the foreigner, related to irregularities in the hiring of a foreign worker.
The penalties incurred include large sums of money, firm prison sentences and the closure of the company.
Don’t take any risks and contact our experts to accompany you through the process of hiring a foreign worker.
Our Employment Assistance is Efficient Fast All inclusive Tailor made
Choosing the Best Legal Strategy According to the Situation
A global approach to the employment situation is necessary and will allow our Experts to define the best legal strategy for hiring the foreign employee.
Company : Taking care of All the paperwork for you
Our Experts complete the complex forms and administrative requirements for your company as the employer.
Foreign employee : Obtaining the appropriate work permit and visa
Once the work permit has been obtained by our services, we compile the visa application file for the foreign employee, through a trustworthy collaboration.
Depending on the situations encountered, the administrative schemes differ and require a very precise initial framework in order to avoid wasting time and money.