To the surprise of precisely no one, hiring an employee in France is not entirely straightforward – and can prove even more problematic if said employee is a foreign citizen.
Anyone who holds an EU, EEA or Swiss passport is legally entitled to work in France. All their employer has to do is confirm the validity of the ID.
But hiring nationals from non-EU countries may require them to go through the process of applying for a work permit – or confirm that the employee has the appropriate documentation.
That said, if you already hold a long-term residency permit in France, you probably do not need an additional work permit. This includes Britons covered by the Brexit Withdrawal Agreement (any Brit who lived in France before December 31st, 2020).
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Under French law, employers must ensure that nationals from non-EU countries have a residence permit (titre de sejour) that allows them to work in France.
There are various different types of permit and not all of them allow you to work - for example the 'visiteur' permit does not allow any type of work, while holders of the student visa/residency permit can only work for a limited number of hours per year.
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Employers are also required to “check the title that authorises the foreigner to work in France with the préfecture of the place of hiring – unless the foreigner is registered on [a] list of job seekers – at least two working days before the effective date of hiring”.
To prevent illegal immigration through falsification of documents, a request for authentication of the permit is mandatory. A copy of the residence title must also be kept for a company’s internal records.
An employer who does not comply with these obligations faces a fine of €30,000 per foreign employee who is not legally able to work in France – and five years in prison if they “knowingly hire or retain in their service a foreigner without a residence permit”.
That doesn't mean that there aren't undocumented workers in France of course, there are and in fact some industries are notorious for hiring (and exploiting) people who don't have the correct paperwork.
France's new interior minister seems to be positioning himself as a hard-liner on immigration and it may be that some companies have been reminded to check that their documentation is all present and correct. However, the rules around residency and employment have not changed and so far there have been no proposals to change them.
What if you’re already employed?
The same rules apply. Employers have a legal requirement to ensure that their staff have the right to work in France. Residence and work permits run out after a certain length of time and must be renewed. They need to know.
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Once you have lived in France legally for five years, you can apply for a permanent residence card – eligible for 10 years before renewal – which entitles you to apply for any job you are qualified to do. But you will still need to show your proof to live and work in France.
Can you work while you’re waiting for your permit?
That depends. For a first permit, no – that must be in place before you start your employment in France.
If you’re renewing your residency permit, then you can continue to work in the same job, with the same contract, under the récépissé (receipt) for a new permit - for example if you're waiting for the préfecture to issue your new card.
Récépissé: Your questions answered on France's temporary residency permit
If, however, the contract is different, you may require a new permit.
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