As the demand for skilled labor continues to grow in the French Building and Public Works (BTP) sector, companies increasingly turn to foreign workers to meet workforce needs. However, employing non-EU/EEA nationals in France is subject to strict immigration and labor regulations—particularly when it comes to Work Authorization.
Work Authorization: A Mandatory Step
Before any foreign national (from outside the EU/EEA or Switzerland) can legally work in France, they must first obtain a Work Authorization. This authorization is a prerequisite for applying for a visa or residence permit with the mention “employee” or “temporary worker.”
There are two primary visa types associated with work authorization:
- Long-Stay Visa Equivalent to a Residence Permit (VLS/TS): This is the most common pathway and applies to foreign workers intending to stay for more than 90 days.
- Short-Stay Visa: Suitable for temporary assignments under 90 days, though not renewable or extendable.
A Digitalized Application Process
Since April 6, 2021, all applications for work authorization must be submitted online by the employer via the Ministry of the Interior’s dedicated platform. This process involves a review of:
- The company’s compliance with labor and social security obligations;
- The availability of local labor for the intended role;
- The legitimacy of the job offer in terms of duration, salary, and occupation.
Important: If the position is not listed among high-demand occupations in the region, the employer must first advertise the job offer for at least three weeks to demonstrate a lack of available candidates within the local labor market.
Special Case: Posted Workers in the BTP Sector
Worker posting is especially common in the BTP sector. In this context, a foreign company temporarily assigns employees to perform work in France, often as part of international subcontracting arrangements.
Key requirements for posted workers include:
- Declaration via SIPSI: Every posting must be declared online before the mission begins.
- BTP Card (Carte BTP): Mandatory for every worker on a French construction site, regardless of nationality. This card must be ordered before the worker starts their assignment and must be carried on-site.
- CIBTP Affiliation: Foreign companies working in the BTP sector must affiliate with the relevant Caisse de Congés Intempéries BTP unless an exemption applies.
Posted workers are entitled to the same labor protections as their French counterparts, including minimum wage, safety standards, and working hours.
Employer Due Diligence and Sanctions
Employers have a legal obligation to verify the right to work of every foreign employee. This includes:
- Checking the validity of the residence permit;
- Confirming that the work authorization remains valid throughout the contract.
Failure to comply may lead to:
- Criminal penalties: Up to 5 years of imprisonment and €30,000 per undocumented employee;
- Administrative sanctions: Fines, exclusion from public tenders, and temporary business closures;
- Liability for client companies: French clients and project owners must ensure that subcontractors and their workforce are legally employed.
Final Thoughts
Navigating the French Work Authorization process—especially in the BTP sector—requires diligence, planning, and a deep understanding of administrative procedures. Between visa requirements, mandatory declarations, and sector-specific obligations such as the BTP Card and CIBTP affiliation, employers must ensure full compliance to avoid legal and financial consequences.
For BTP companies looking to recruit international talent or manage cross-border assignments, it’s strongly advised to consult a legal professional specializing in French immigration law.
Stay informed. Stay compliant. Build with confidence.