You have just found the perfect employee and you are lost in the administrative steps to take? Don't panic! Here are the steps to follow depending on your situation and the type of contract of your future employee...
The EEA* (European Economic Area) as well as Switzerland allow the free movement of workers! Thus, an employee from these areas can legally work in France without a work permit. The employee will simply have to provide you a valid identity document and take the necessary administrative steps to be attached to a French health insurance fund.
*Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden
Administrative procedures are carried out by the DREETS (Regional Directorates for the Economy, Employment, Labor and Solidarity, formerly known as DIRECCTE). The application for a work permit (also called "introduction procedure") must be made by the future employer.
Step 1: Submission of the job offer to Pôle emploi (or other employment agency)
Step 2: Transmission of the introduction request file to the DREETS of the place of work
The application for introduction must contain the following documents:
The DREETS will then examine the file. If it is validated, it will be sent to the consulate (which will issue the permit to the employee) and to OFII. The employee can then receive his or her residence permit.
NB: a medical examination must be scheduled within 3 months of the employee's arrival in France. Please note that the work permit may be refused if the medical examination is not carried out in time!
If the future employee already resides in France, you will need to verify that he or she has a valid residence permit: at least two working days before the date of hiring, you must send an email requesting authentication of the residence permit to the prefecture of the department where the employee is currently working. If you do not receive a reply within 2 working days of your request, you are considered to have fulfilled your obligation to request authentication; you can therefore begin the procedures for a "classic" hiring.
Also, if the future employee has one of the following residence permits, you do not need a specific work permit :
You can find more information on the French administration website.
The procedure can be simplified thanks to the talent passport (also called "multi-annual residence card"), issued in several situations:
In the case of the Talent passport, the employee is responsible for taking care of the formalities with the French consular authorities in his or her country of origin if he or she lives abroad, or with the prefecture (or sub-prefecture) of his or her place of residence if he or she already lives in France.
More information about the talent passport here!
From February 1, 2020, a withdrawal agreement provides for specific provisions for British nationals and their families already residing in France; if they were already residing in France before December 31, 2020, they will simply have to apply for a "withdrawal agreement" residence permit before July 1, 2021. The obligation to hold a residence permit will come into force on October 1, 2021.
On the other hand, since January 1, 2021, British people wishing to come and settle in France will have to take the same steps as non-EU and EEA nationals.
More information about Brexit and British employees here!
Check out other similar articles on job search tips
