© - ATH all rights reserved - Edition 2024 7 2024 EMPLOYER’S GUIDE CHECKS TO BE CARRIED OUT BY THE EMPLOYER It is forbidden to employ, directly or indirectly, or to retain in one's service a foreigner who does not hold a permit authorising him to work or a foreigner who has a permit to work in a professional category, profession or geographical area other than those mentioned on his permit. The employer must check : • The nationality of the employee, • The details of the work permit : activities permitted, authorised geographical areas, • The fact that there is a work permit (unless the foreigner is included on the list of job seekers kept by the employment agency). The employer is required to send a copy of the permit produced by the foreign national to the préfet of the department where the employment premises are located, by registered post or email, for authentication, 2 working days before the effective date of employment. The préfet replies within 2 working days from receipt of the request. It is also necessary to ensure that work permits are renewed. If they are not renewed, the employer must terminate the contract. Said termination constitutes dismissal. Any breach of these rules is penalised by 5 year’s imprisonment and a fine of € 30,000 and the payment of an administrative fine of at least 5,000 times the guaranteed minimum (so € 20,750 as at 1/01/2024). EMPLOYMENT OF FOREIGN WORKERS All foreign employees have the same rights as French workers with respect to the applicable legislation, regulations and collective agreements. The employer must record the type and number of the work permit on the staff register. A copy of the permit must be attached to the register. The employment contract can be translated at the request of the foreign employee. Only the translated document can be cited in dealings with said employee. Employees who provide evidence of geographical constraints can take 5 consecutive weeks of paid leave. If an employee is dismissed due to non-compliance with the relevant requirements, he/she will be entitled to a lump sum equivalent to 3 months’ salary, or the severance pay according to the applicable legislation or collective agreement if more favourable. Ask us, the company's skills development plan can include training for foreign employees to enable them to reach a French minimum level.
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