FRANCE Law and Practice Contributed by: Laetitia Tombarello and Audrey Demourgues, Bredin Prat
validity period varies according to the nature of the foreign employee’s contract. 4.2 Registration Requirements for Foreign Workers Before hiring a foreign worker who resides in France, and if the worker is not registered with the nation - al unemployment agency ( France Travail , formerly known as Pôle Emploi ), a company must confirm with the local authorities that the worker’s permit is valid. This must be done no later than two days before the foreign employee’s first day of employment. If the foreigner does not reside in France, the company must first file a job offer with France Travail and look for locally qualified candidates for at least three weeks, unless the job in question is part of the regional “list of high-demand jobs” ( liste des métiers en tension ), in which case posting a job offer is not compulsory. If no unemployed person is qualified (or if there is no requirement to post a job offer), the company can file a request with the Labour Inspection (DREETS) to obtain a work permit for the foreign worker. After obtaining the authorisation, the company will have to pay a tax to the immigration authorities, the amount of which will depend on the level of remuneration and the length and type of the employment contract executed with the foreign worker. In addition, the company must record the type and ref - erence number of the permit authorising the foreigner to work in France in the employee register. Copies of the relevant documents must also be retained. The above does not apply to citizens of EU countries, the European Economic Area and Switzerland, who benefit from provisions relating to the free movement of workers in Europe and, as such, do not need a work permit. The Immigration Act of January 2024 introduced new provisions in respect of foreign workers, including: • more flexible conditions for regularising the status of illegal workers employed in high-demand areas/ jobs; • new provisions on the granting of multi-annual resi - dence permits for talented or skilled workers; and
• new penalties for companies employing foreigners who are not authorised to work.
5. New Work 5.1 Mobile Work
Remote work is relatively flexible in France and has become increasingly popular since the COVID-19 pandemic. Remote work refers to any form of work - ing arrangement whereby work that could have been performed on the employer’s premises is carried out by an employee away from these premises on a vol - untary basis. In other words, provided that the parties agree to it, work does not have to be performed at the employee’s domicile. For example, it could also be performed at a shared co-working space. Companies can implement remote work by way of: • a collective bargaining agreement concluded with trade unions at the company level; • an internal policy issued after consultation of the works council (if any); or • in the absence of a collective agreement or internal policy, an agreement with the employee. Industry-wide collective bargaining agreements can provide for specific provisions and guidelines for com - panies to which the agreements apply. Regardless of the type of documentation implement - ing remote work, companies are strongly advised to conclude individual remote-work agreements with the relevant employees to set out each party’s rights and duties. Remote work cannot, in principle, be imposed by the employer, except on a temporary basis in the con - text of exceptional circumstances, such as a pan - demic. Conversely, an employee cannot impose their wish to work remotely on their employer, although an employer’s refusal must be justified by objective grounds, such as technical impossibility or organisa - tional requirements. The tools used by the employees for their work are typically provided by the company and must be used
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