FOREIGN WORKERS
LexInter | July 8, 2003 | 0 Comments

FOREIGN WORKERS

Article L341-1
(inserted by Law n ° 73-4 of January 2, 1973 Official Journal of January 3, 1973)The provisions of this title are applicable subject, where applicable, to those of treaties, conventions or agreements duly ratified or approved and published, and in particular to the treaties establishing the European communities as well as to those of the acts of the authorities of these communities taken for the application of the said treaties.

* Note – Labor Code L831-1: Provisions applicable in the overseas departments as well as in Saint-Pierre-et-Miquelon *

Article L341-2
(inserted by Law n ° 73-4 of January 2, 1973 Official Journal of January 3, 1973)To enter France with a view to exercising a salaried profession there, foreigners must present, in addition to the documents and visas required by international conventions and regulations in force, an employment contract approved by the administrative authority or an authorization to work and a medical certificate.

* Note – Labor Code L831-1: Provisions applicable in the overseas departments as well as in Saint-Pierre-et-Miquelon *

Article L341-3
(Law n ° 73-4 of January 2, 1973 Official Journal of January 3, 1973)(Decree n ° 74-808 of September 19, 1974 Official Journal of September 29, 1974)

The temporary employment contract governed by Chapter IV of Title II of Book I of this Code cannot be assimilated to the employment contract provided for in the previous article and which allows the entry into France of a foreigner to exercise an activity. employee.

A temporary employment contract cannot allow a foreigner to obtain for the first exercise of a salaried activity in France the title provided for in Article L. 341-6 when possession of it is required by virtue of international treaties or agreements.

Subject to international agreements, a temporary employment company is prohibited from making foreign workers available to any person if the service is to be provided outside French territory.

* Note – Labor Code L831-1: Provisions applicable in the overseas departments as well as in Saint-Pierre-et-Miquelon *

Article L341-4
(Law n ° 73-4 of January 2, 1973 Official Journal of January 3, 1973)(Law n ° 81-941 of October 17, 1981 art. 1 Official Journal of October 20, 1981)

(Law n ° 84-622 of July 17, 1984 art. 4 Official Journal of July 19, 1984)

A foreigner cannot exercise a salaried professional activity in France without having first obtained the authorization mentioned in article L. 341-2.
This authorization is issued under conditions which are fixed by a decree of the Council of State, subject to the provisions applicable by virtue of the third and fourth paragraphs of this article.
The work permit can be issued to a foreigner who requests the allocation of the temporary residence permit in the form of the mention “employee” affixed to this card. It authorizes this foreigner to exercise the professional activities indicated on this card in the areas mentioned therein.
The work permit can be issued to a foreigner in the form of a resident card which gives him the right to exercise throughout the territory of mainland France any salaried professional activity of his choice within the framework of the legislation.

* Note – Labor Code L831-1: Provisions applicable in the overseas departments and in Saint-Pierre-et-Miquelon, with the exception of the fourth paragraph. *

Article L341-5
(Law n ° 73-4 of January 2, 1973 Official Journal of January 3, 1973)(Law n ° 84-622 of July 17, 1984 art. 5 Official Journal of July 19, 1984)

(inserted by Law n ° 93-1313 of December 20, 1993 art. 36 Official Journal of December 21, 1993)

Subject to international treaties and agreements, when a company not established in France provides services on national territory, the employees it temporarily seconded to perform this service are subject to the applicable laws, regulations and agreements. to employees employed by companies in the same branch, established in France, in the field of social security, complementary inter-professional or professional schemes falling under Title III of Book VII of the Social Security Code, remuneration, working hours and working conditions, within the limits and according to methods determined by decree.

Article L341-6
(Law n ° 81-941 of October 17, 1981 art. 4 I Official Journal of October 20, date of entry into force JANUARY 1, 1982)(Law n ° 89-488 of July 10, 1989 art. 12 Official Journal of July 14, 1989)

No one may, directly or through an intermediary, hire, retain in his service or employ for any duration whatsoever a foreigner without the title authorizing him to exercise a salaried activity in France.

It is also prohibited for any person to hire or keep in his service a foreigner in a professional category, a profession or a geographical zone other than those which are mentioned, if necessary, on the title envisaged in the preceding paragraph.

* Note – Labor Code L831-1: Provisions applicable in the overseas departments as well as in Saint-Pierre-et-Miquelon *.
* Labor Code R. 364-1: Penal sanctions. *
* Labor Code R. 364-3: Penal sanctions. *

Article L341-6-1
(Law n ° 81-941 of October 17, 1981 art. 5 I Official Journal of October 20, 1981)(Ordinance n ° 82-130 of February 5, 1982 art. 5 Official Journal of February 6, 1982)

(Law n ° 90-613 of July 12, 1990 art. 39 III Official Journal of July 14, 1990)

(Law n ° 2002-73 of January 17, 2002 art. 129 III Official Journal of January 18, 2002)

A foreigner employed in violation of the provisions of the first paragraph of Article L. 341-6 is assimilated, from the date of his hiring, to a worker regularly engaged with regard to the employer’s obligations relating to the labor regulations defined in Book II of this code and, for agricultural professions, in Articles 992 et seq. of the Rural Code, as well as the taking into account of seniority in the company.

With regard to pecuniary advantages, this foreigner is entitled under the period of illegal employment:
1 ° To the payment of the salary and the accessories thereof in accordance with the legislative or regulatory provisions and the contractual stipulations applicable to his employment, after deduction of the sums previously received for the period considered;
2 ° In the event of termination of the employment relationship, a lump sum compensation equal to one month’s salary unless the application of the rules appearing in Articles L. 122-3-4, L. 122-3-8, third paragraph, L. 122-8 and L. 122-9 or the corresponding contractual stipulations lead to a more favorable solution.

The prud “homale court seized may order by provision the payment of the lump sum compensation referred to in the previous paragraph.

These latter provisions do not preclude the employee’s right to seek additional compensation in court if he is able to establish the existence of unrepaired damage under the said provisions.

Article L341-6-2
(inserted by Law n ° 81-941 of October 17, 1981 art. 6 Official Journal of October 20, 1981)Representative trade unions may take legal action against foreign workers under the provisions of Article L. 341-6-1 of this code, without having to justify a mandate from the person concerned, provided that the latter had not declared that he opposed it. The person concerned can always intervene in the proceedings initiated by the union.

* Note – Labor Code L831-1: Provisions applicable in the overseas departments as well as in Saint-Pierre-et-Miquelon *

Article L341-6-3
(inserted by Law n ° 81-941 of October 17, 1981 art. 7 Official Journal of October 20, 1981)Associations regularly constituted for at least five years to fight against discrimination can apply to representative trade unions to ask them to exercise before all courts all the rights reserved to the civil party for all offenses relating to the employment of the foreign workforce.

* Note – Labor Code L831-1: Provisions applicable in the overseas departments as well as in Saint-Pierre-et-Miquelon *

Article L341-6-4
(inserted by Law n ° 97-210 of March 11, 1997 art. 9 Official Journal of March 12, 1997)Anyone who has not ensured, when concluding a contract the subject of which relates to an obligation of an amount at least equal to 20,000 F for the performance of a job, of the provision of a service or the performance of an act of commerce, that its co-contracting party fulfills its obligations with regard to the provisions of the first paragraph of Article L. 341-6 will be held jointly responsible with this last, without prejudice to the application of the provisions of Articles L. 324-14 to L. 324-14-2, to the payment of the special contribution provided for in Article L. 341-7.
The provisions of the previous paragraph are not applicable to an individual who concludes a contract for his personal use, that of his spouse, his ascendants or descendants.
The modalities according to which the verifications imposed by this article are carried out as well as the distribution of the burden of the contribution in the event of multiple co-contracting parties are specified by decree.(Law n ° 97-210 of March 11, 1997 art. 9 Official Journal of March 12, 1997)

(Ordinance n ° 2000-916 of September 19, 2000 annex II Official Journal of September 22, 2000 in force on January 1, 2002)

Anyone who has not ensured, when concluding a contract the subject of which relates to an obligation of an amount at least equal to 3,000 euros for the performance of a work, of the provision of a service or the performance of an act of commerce, that its co-contracting party fulfills its obligations with regard to the provisions of the first paragraph of Article L. 341-6 will be held jointly responsible with this last, without prejudice to the application of the provisions of Articles L. 324-14 to L. 324-14-2, to the payment of the special contribution provided for in Article L. 341-7.
The provisions of the previous paragraph are not applicable to an individual who concludes a contract for his personal use, that of his spouse, his ascendants or descendants.
The modalities according to which the verifications imposed by this article are carried out as well as the distribution of the burden of the contribution in the event of multiple co-contracting parties are specified by decree.

Article L341-6-5
(inserted by Law n ° 97-210 of March 11, 1997 art. 17 Official Journal of March 12, 1997)The control officers referred to in Articles L. 611-1 and L. 611-15-1 are authorized to communicate to each other all information and documents relating to the provisions of this chapter.
Article L341-7
(Law n ° 76-621 of July 10, 1976 Official Journal of July 11, 1976)(Decree n ° 88-24 of January 7, 1988 art. 1 Official Journal of January 8, 1988)

Without prejudice to the legal proceedings that may be brought against him, the employer who has employed a foreign worker in violation of the provisions of Article L. 341-6, first paragraph will be required to pay a special contribution for the benefit of the office for international migration. The amount of this special contribution may not be less than 500 times the hourly rate of the guaranteed minimum provided for in Article L. 141-8.

A decree in the Council of State will fix the modalities of application of this article.

* Note – Labor Code L831-1: Provisions applicable in the overseas departments as well as in Saint-Pierre-et-Miquelon *

Article L341-7-1
(Law n ° 73-608 of July 6, 1973 art. 4 Official Journal of July 7, 1973 in force on September 29, 1974)(Decree n ° 88-24 of January 7, 1988 art. 1 Official Journal of January 8, 1988)

(Law n ° 89-488 of July 10, 1989 art. 13 Official Journal of July 14, 1989)

It is forbidden for any employer to be reimbursed for the flat-rate fee that he has paid to the international migration office or the travel expenses that he has paid for the arrival of a foreign worker in France as well as to operate on the latter’s salary, deductions, under any name whatsoever, on the occasion of his engagement.

* Note – Labor Code L. 831-1: Provisions applicable in the overseas departments and in Saint-Pierre-et-Miquelon.
Labor Code L. 364-4: criminal sanction. *

Article L341-7-2
(inserted by Law n ° 89-488 of July 10, 1989 art. 14 Official Journal of July 14, 1989)No one may, subject to the provisions of Article L. 762-10, obtain or attempt to receive, occasionally or repeatedly, funds, securities or movable property in sight or on occasion. the introduction into France of a foreign worker or his hiring.

* Note – Labor Code L. 364-5: criminal sanction. *

Article L341-8
(Law n ° 73-4 of January 2, 1973 Official Journal of January 3, 1973)(Decree n ° 88-24 of January 7, 1988 art. 1 Official Journal of January 8, 1988)

The renewal of the work permits provided for in Article L. 341-2 gives rise to the collection for the benefit of the International Migration Office of a tax, the amount and methods of collection of which are fixed by decree.
The State’s contribution to the costs of introducing the families of foreign workers and the sums paid by employers to the international migration office as a lump-sum reimbursement of the costs of introducing foreign workers are reduced according to the performance of said tax.
This tax is only paid once per period of one year.
The provisions of the first paragraph of this article are not applicable to political refugees placed under the protection of the French office for the protection of refugees and stateless persons, to beneficiaries of the right of asylum and to repatriates.

* Note – Labor Code L831-1: Provisions applicable in the overseas departments as well as in Saint-Pierre-et-Miquelon *

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