Work permits for foreign employees: changes to the rules
We would like to inform you that the rules concerning work permits for foreign employees have been changed. The procedure for applying for a permit has been modernised with the introduction of a dedicated online portal. In addition, the provisions of the Labour Code have been amended.
As of April 6, 2021, applications for a work permit to recruit a foreign employee can only be made online on the portal dedicated to dematerialised procedures for foreigners in France: https://administration-etrangers-en-france.interieur.gouv.fr/particuliers/#/
In case of difficulty, the "Citizen Contact Centre" (CCC) is available for any inquiry:
- either by filling in the online contact form;
- or by calling 0806 001 620 (free call from a landline or if the mobile package includes calls to a landline).
At the same time, the regulatory provisions of the Labour Code relating to work permits have been amended:
- the cases in which a work permit must be applied for are clarified;
- the conditions under which work permits are issued are modified;
- the examination criteria for issuing a work permit are redefined by refocusing the examination on the opposability of the employment situation, the level of remuneration and the company's compliance with its legal obligations;
- a three-week publicity obligation is added to the public employment service for any recruitment project subject to the opposability of the employment situation;
- the procedures relating to the application for a work permit, the prior nominative declaration, the renewal of the work permit, as well as the residence permits authorising registration on the list of job seekers are clarified.
These provisions came into force on 1 April 2021, with the exception of the provisions relating to work authorisations and authorised professional activities set out in Article 8, which come into force on 1 May 2021.
You will find here the decree and the two corresponding orders:
- Decree No. 2021-360 of 31 March 2021 on the employment of a foreign employee
- Order of 1 April 2021 setting the list of documents to be provided in support of an application for a work permit NOR: MTRD2110626A
- Order of 1 April 2021 relating to the issue, without opposition to the employment situation, of work permits to foreigners who are not nationals of a Member State of the European Union, of another ... NOR: MTRD2109963A which sets out the list of occupations in tension, by geographical area.
If you wish, we can assist you in your procedure. Do not hesitate to contact our Employment Law & Human Resources department.