Hiring employees as part of a global expansion requires thorough understanding
of employment requirements. If your plan for doing business France includes hiring foreign workers, it’s important to learn about the country’s work permit laws.
The French government issues work permits
to foreign
employees temporarily working in France. Work permits are issued for two
reasons: to prove to the French government that an employee is qualified to
complete the tasks in their job description and to stipulate visa and
residency terms.
Hiring international workers in France
Hiring international employees in France typically requires having a legal entity in the country or plans to establish one.
Creating a legal entity can be a lengthy process. Companies
seeking a French entity must:
- Choose one of five business categories, then complete the rest of the process and submit the required documents with that category’s specific registration center
- Pick a legal structure from France’s two options—sole trader or company
- Follow specific procedures for regulated businesses in France, which include veterinarians, construction companies, hairstylists and more
- Register your company name, which must be unique from all other French businesses
- Apply for work permits when hiring workers without French citizenship
6 facts about work permits in France
To better understand the work permit process and determine the best course of
action for hiring in France, we’ve compiled the top facts to know about France’s requirements.
1. Employers submit applications for work permits
According to French law, employers must apply for work permits before the
employee arrives to begin work in the country. Work permit applications must
abide by the following regulations:
- Submission must take place at least three months before the employee start date
- Employers must attempt to find a domestic employee before hiring internationally
- Companies must use France’s dedicated platform to apply for work permits
2. Employers must submit key employee documents
When French companies begin working on international employees’ work permit
applications, they must collect the relevant required documents
. These
include:
- The employee’s passport
- The employee’s CV or resume
- Any employee certifications or licenses needed for the position
- The business’s tax notice excerpt from the commercial register or craft license
- Evidence of efforts the business has made to hire a domestic employee
3. France issues visas to employees based on their work permit applications
The primary purpose of the work permit application is to facilitate the
issuance of work visas for international employees working in France. A French
work visa gives international workers explicit permission from the French
government to live in the country while they complete their employment
contracts.
When employers apply for work permits for foreign employees, the French
government will issue the employee one of two visas:
- Short stay visa for employees working in France for 90 days or less
- Long stay visa for foreign employees working in France for more than 90 days
By combining the work permit and French visa application processes, France
streamlines the legal process for companies hiring internationally, slightly
reducing the red tape required for global companies.
4. Different sectors have different work permit requirements
The work permit requirements for foreign employees working for French
companies differ based on the company’s specific industry. In addition to
national guidelines, you must meet industry-specific criteria to submit a work
permit for a non-French employee. Some examples include:
- Language teachers working in a public education establishment must work for seven months or more.
- Models or modeling assistants must complete an additional form—the cooperation agreement for foreign models operating in France.
- Doctors or medical workers must register with the professional order of physicians and must show proof that they plan to return to their home country after one year of French employment.
5. Employers can appeal rejected work permit applications
There’s an important consideration that international employers must make
before they begin hiring outside of France—the French government can deny work
permit applications (and thus, work visas).
However, France-based employers can appeal the process if they feel their
application was unjustly denied.
While foreign employees cannot work in France during the appeals process,
their employers may contest rejected work permit applications via three
methods:
- An informal appeal to the French authorities who rejected the application
- A formal appeal to the Minister of the Interior
- An action for annulment of the rejection from an administrative court
6. Some employees are exempt from applying for work permits
Under French law, not all foreign national employees need work permits before
becoming employed in France. The most common exemptions are:
- Citizens of the EU or European Economic Area (EEA) are not required to obtain a work permit.
- Employees working in certain fields for less than 90 days are not required to apply.
- Employees living outside the EU or EEA, but who are employed remotely by a company established in the EU or EEA, are exempt from applying for a work permit.
However, there are two important elements to note about work permit exemption:
- Even if an employee is exempt from filing for a work permit, they may still be subject to other (temporary or permanent) immigration regulations and visa requirements.
- Exemptions can be complicated, so employers should be absolutely certain that their potential hire is exempt before offering them an employment contract.
An alternative solution for hiring international workers
France work permit requirements can be difficult to parse, and the process can
be time-consuming, with documentation requirements, sector-specific
regulations, appeals and much more.
Since employers in France take on the burden of work permit applications on
their employees’ behalf, they’re uniquely motivated to streamline or speed up
the process. If your company already has a legal presence in France and you
want to hire international employees, you can skip the entity establishment
and permitting process altogether by using an EOR and hiring them as remote
workers in their home countries.
The employer of record, which already has entities in countries around the
world, hires workers on your behalf, serving as your international employees’
official employer in their home country, while you manage their day-to-day
work. When you partner with an EOR, you not only get a legal way to hire
international employees, you also get access to local HR teams to help you
navigate employment requirements to ensure compliance, as well as in-country
support for your remote workers.
Learn more about how our employer of record solution, Global Employment
Outsourcing (GEO), can help you as you evaluate hiring options in France and beyond. Speak with a global solutions advisor today.
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