Background information

This measure is meant to control immigration and work against illegal employment. It's relating to the "work" component of the new immigration law effective since the 28 January 2024. Decree 2024-814, one of the several decrees implementing the Immigration law 2024-42, states that starting with September 2024, the conditions for issuing a work permit for a foreign worker apply to the principal user - the company. The issuance of a work permit will now concern both the employer and the client, the user company or the host company. Employers seeking permits for foreign workers must have records free from convictions related to illegal labour, safety breaches, aiding illegal immigration, crimes against human dignity, or forgery. These standards also apply for permit renewals requests. Seasonal workers must now be guaranteed decent living conditions, and if an apprentice is hosted in France by a foreign-based company, the French host must request the permit.

Content of measure

The Immigration Act of 26 January 2024, established an administrative fine of up to €20,750 per foreign worker for employers employing a foreign worker not authorized to work. This fine replaces the special contribution and the flat-rate contribution paid to the French Office for Immigration and Integration (OFII). The fine applies in the following cases: * employment or retention of a foreign worker without a work permit authorizing them to work as a salaried employee in France; * employment or retention of a foreign worker in a professional category, occupation, or geographic area other than those indicated on their work permit; * use of the services of an employer of a foreign worker not authorized to work.

The maximum amount of the administrative fine is reduced to €8,300 (2,000 times the minimum hourly rate) instead of €20,750 when the employer has paid the wages and benefits owed to the foreign employee (salary and related benefits, compensation equal to three months' salary in the event of termination of the employment relationship, and the cost of sending unpaid wages to the employee's country of departure, where applicable).

Use of measure

No information

Target groups

Workers	Businesses	Citizens
Does not apply to workers	Applies to all businesses	Does not apply to citizens

Actors and funding

Actors	Funding
National government Employers' organisations Company / Companies Local / regional government	No special funding required

Social partners

Social partners' role in designing the measure and form of involvement:

	Trade unions	Employers' organisations
Role	Unknown	Unknown
Form	Not applicable	Not applicable

Social partners' role in the implementation, monitoring and assessment phase:

• Unknown
• Main level of involvement: N/A

Involvement

No information.

Views and reactions

This sharing of responsibilities is not displeasing to a section of the business community. "The decree will encourage contracting authorities to choose subcontractors who are more compliant with regulations. And thus help to oust those who, by recruiting undocumented immigrants, destabilize markets by engaging in unfair competition," says Eric Chevée, Vice President for Social Affairs at the Confederation of Small and Medium-Sized Enterprises (CPME). In principle, the CFDT supports imposing civil and criminal penalties on employers who employ undeclared workers. However, during Parliament's review of the immigration bill in November 2023, it warned of the risk that this new penalty could ultimately discourage employers from supporting undocumented workers in their regularization efforts.

Sources

• 26 January 2024: Loi n° 2024-42 du 26 janvier 2024 pour contrôler l'immigration, améliorer l'intégratio (www.legifrance.gouv.fr)
• 26 August 2024: Government: Travailleur étranger : les nouvelles obligations et sanctions de l'employeur (entreprendre.service-public.fr)
• 30 August 2024: Le Monde: Emploi de travailleurs sans papiers : des sanctions élargies aux entreprises donneuses d’ordre (www.lemonde.fr)
• 10 September 2024: Syndicalisme Hebdo: L’employeur de travailleurs sans papiers risque une nouvelle amende administrative (www.syndicalismehebdo.fr)