Recruiting foreign employees is a strategic move for many French companies. However, the drafting and verification of employment contracts must meet specific requirements to respect employees' rights and legal obligations. This article details the essential points for drafting and checking employment contracts that are compliant, secure and suitable for foreign employees.
1. The importance of a suitable employment contract
An employment contract for a foreign employee must comply with the rules of French labor law, while taking into account the particularities of the employee's status. It is essential to ensure that :
- Legal obligations regarding the employment of foreigners are respected.
- Contract clauses are adapted to the needs of the position and the employee's specific rights.
2. Key points for drawing up an employment contract
2.1. Job description and duties
- Precise job description: The contract must clearly state the employee's duties, title and position in the organization chart.
- Place of work: Mention the main place of work, as well as the possibility of travel, if applicable.
2.2 Mandatory clauses
An employment contract must include :
- Duration of contract:
- CDI (Contrat à Durée Indéterminée).
- CDD (Contrat à Durée Déterminée): Indicate the end date and the reason for using the CDD.
- Remuneration:
- Indicate the gross annual or monthly amount, any benefits (bonuses, housing, etc.) and payment terms.
- Respect the minimum thresholds required for certain residence permits, such as the talent passport or highly qualified contracts.
- Working hours: Weekly or monthly duration, working hours and any overtime.
- Trial period: Specify duration and renewal terms.
2.3 Specific clauses for foreign employees
- Residence permit compliance clause:
Specify that the contract is conditional on holding a valid residence permit with work authorization.
- International mobility clause (if applicable):
For employees required to work in several countries, include a clause defining the conditions of mobility.
- Cultural integration clause (optional):
Specify any support measures, such as language courses or intercultural training, offered by the company.
2.4. Specific conditions for seconded workers
For a foreign employee temporarily seconded to France by a foreign company:
- Specify the terms and conditions of secondment, the responsibilities of both companies (home and host), and the applicable social security rules.
3. Verification of legal and administrative aspects
3.1. Checking the authenticity of the residence permit
Before allowing a foreign employee to start work, the employer is required to check the authenticity of the employee's residence permit. This verification must be carried out with the French authorities at least 48 hours before the start of the contract.
- Requests for verification can be made to the prefecture or via dedicated online services.
- A fraudulent or invalid residence permit exposes the employer to administrative and penal sanctions.
3.2. Work authorization
Before signing the contract, the employer must ensure that the employee has :
- A valid work permit, if this is not included in the employee's residence permit.
- Or a residence permit authorizing the employee to work (for example, a talent passport or a multi-annual residence permit).
In the absence of such authorization, the company must take the necessary steps to obtain it.
3.3. Compliance with salary thresholds
Certain categories of foreign workers are subject to minimum wage thresholds:
- Talent passport : At least €43,243 gross per year for a skilled employee, and €53,836.50 for highly skilled jobs.
- ICT seconded employee: Remuneration equivalent to that stipulated by French legislation for a similar position.
3.4. Verification of diplomas and qualifications
Some residence permits, such as the talent passport, require a specific level of qualification:
- Bachelor's degree or higher.
- Professional experience justifying the skills required for the position.
3.5. Social and health insurance
The employer must :
- Enroll the employee in the French Social Security system.
- Offer complementary health insurance in compliance with legal requirements.
4. Mistakes to avoid
4.1. Contracts that do not comply with French rules
A contract drawn up on the basis of foreign law, even for a foreign employee, is not valid in France.
4.2 Omit obligations specific to foreign employees
Failure to check the validity of residence permits, or to comply with pay thresholds, may expose the company to administrative or criminal penalties.
4.3 Ignoring administrative deadlines
The process of obtaining a work permit or visa can take several weeks. It is crucial to anticipate these delays before proposing a contract.
5. Why seek assistance?
Drafting and verifying an employment contract for a foreign employee requires legal and administrative expertise. At FB Avocat, we support you in :
- Drafting contracts tailored to the specific needs of each foreign employee.
- Checking documents for legal conformity.
- Administrative procedures (work permits, visas, residence permits).
Conclusion: guaranteeing a compliant, secure employment contract
Drawing up an employment contract for a foreign employee is an essential step in ensuring the legality of the recruitment and the successful integration of the employee. By complying with specific requirements, you can secure your contractual relations and provide a suitable working environment for your international employees.
Need customized support for your employment contracts?
FB Avocat puts its expertise at your service.
Our contact details
- Head office : Bordeaux
- Secondary office: Paris
- Phone number: 09 85 40 18 64
- E-mail: contact@legal-fbavocat.com
- Website: www.fb-avocat.net
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