When a foreigner applies for a work permit, it is granted if his application meets the following cumulative conditions. The work permit is a document that you must request if you are a foreigner and wish to work in France as an employee. You cannot be hired if you have not received a work permit.
Warning:
Working without a work permit is comparable to illegal work and as such liable to criminal prosecution.
The work permit concerns all foreigners who wish to work as employees in France, regardless of the nature of the employment contract and its duration. But some foreigners are exempt from the work permit. They are:
- Community foreigners.
- Swiss, Monegasques, nationals of Andorra or San Marino.
- Certain non-European foreigners with the status of posted workers. Posted workers may need to apply for a work permit in the employer’s country of residence.
What are the terms of the proposed job?
General case
The work permit is granted when the application meets one of the following conditions:
- The job offered appears on the list of shortage occupations;
- The job offer has been published for 3 weeks with the organizations contributing to the public employment service (Pôle emploi for example) and no applications were received.
Foreigner with a “job search / business creation” card
The work permit is granted when the application meets the following conditions:
- The foreigner presents an employment contract in relation to his training or his research
- His remuneration is at less equal to 1.5 SMIC
If these conditions are not met, the work permit may also be granted if:
- The job offered is on the list of shortage occupations.
- The proposed job offer was published for 3 weeks with organizations contributing to the public employment service (Pôle emploi, for example) and no application was received.
Foreigner with a “student” or “student-mobility program” residence
permit The work permit is granted when the application meets one of the following conditions:
The job offered appears on the list of shortage occupations.
The proposed job offer was published for 3 weeks with organizations contributing to the public employment service (Pôle emploi, for example) and no application was received
. In addition, if the foreigner has completed his course in France, the job offered must correspond with the diplomas and experience acquired in France or abroad.
Foreign student holding a diploma equivalent to the Master’s degree
The work permit is granted when the request meets the following conditions:
- The student justifies an employment contract in relation to his training
- His remuneration is at least equal to 1 .5 minimum wage
If these conditions are not met, the work permit may also be granted if:
- The job offered is on the list of shortage occupations.
- The proposed job offer was published for 3 weeks with organizations contributing to the public employment service (Pôle emploi, for example) and no application was received.
What are the conditions concerning the employer?
The work permit is granted when the request meets the following two conditions:
- The employer is up to date with his social declarations
- He has not been criminally convicted for illegal work
- The administration must not have noted any serious breach of the rules general health and safety in the company.
No administrative sanction in terms of secondement of employees or illegal work must have been pronounced against him.
Applications for work permits are the responsibility of the future employer. It is up to him to check first whether or not his future foreign employee has a work permit.
If this is not the case, the employer must compile a file containing a set of supporting documents.
What are the job requirements?
When the profession is regulated: Profession whose exercise is subject to the authorization of a competent authority and to the possession of a diploma or specific training, the work permit is granted when the regulatory conditions of exercise are complied with by the employer or the employee.
A regulated profession is a Profession whose exercise is subject to the authorization of a competent authority and to the possession of a diploma or specific training.
Additional conditions are then required to ensure that the applicant meets the conditions of the profession in question.
What are the conditions regarding remuneration?
Remuneration cannot be less than the minimum wage or the salary provided for in the collective agreement: Written agreement negotiated between union representatives of employees and groups of employers. It complements and adapts labor legislation in a given sector of activity, often in a more favorable way for employees. applicable to the company, if this remuneration is higher than the minimum wage.
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