Async Employees in France: An Employer’s Compliance Guide

Yes, you can employ an “async” (asynchronous) worker in France — meaning an employee who works flexible hours without fixed synchronous schedules — but French labour law still requires you to define working time, record hours (or use a valid forfait-jours day-count agreement) and guarantee daily and weekly rest. There is no “async” contract category in France: your async employee is simply a remote or flexible employee governed by the standard rules of the French Labour Code, including the right to disconnect.

For US and international companies used to fully asynchronous, output-based work, this is the key point: France measures and protects working time, not just deliverables. Below, DAIRIA Law explains how to structure asynchronous work so your company stays compliant while preserving the flexibility your teams expect.

What “async” means under French law

In the international HR vocabulary, an “async employee” works when they choose, communicating through written channels rather than real-time meetings. France has no legal definition of this. Instead, French law offers three frameworks you can combine to achieve asynchronous work legally:

Télétravail (remote work) — governed by Articles L.1222-9 to L.1222-11 of the French Labour Code. This lets your employee work from home or another chosen location. It must be set up by collective agreement, a company charter, or a written agreement between you and the employee.
Flexible hours / horaires individualisés — you may allow employees to vary start and finish times around core hours, subject to staff-representative consultation.
Forfait-jours (day-count agreement) — for autonomous employees whose working time cannot realistically be measured hour by hour, you count days worked per year (capped, typically 218 days) rather than hours. This is the framework closest to true async, but it is tightly regulated.

The crucial compliance reality: even a fully asynchronous employee remains subject to maximum working time and minimum rest. Under Article L.3131-1 of the French Labour Code, every employee is entitled to a minimum daily rest of 11 consecutive hours. Weekly rest must be at least 35 consecutive hours. “Work whenever you want” cannot override these limits.

Structuring the async employment contract

Your French employment contract does not need to specify fixed office hours, but it must address several mandatory points if you want genuine flexibility.

1. Choose the right working-time regime

If your async employee is a senior, autonomous professional (developer, designer, consultant, manager), a forfait-jours is usually the best fit. It allows day-based counting instead of clocking hours — ideal for asynchronous work across time zones. However, it is only valid if:

an applicable collective bargaining agreement (convention collective) authorises it, and
the individual contract contains a written forfait-jours clause with the annual day cap.

Without a supporting collective agreement, a forfait-jours clause is void, and the employee reverts to the standard 35-hour week with overtime owed. This is a frequent and costly mistake for foreign employers.

2. Set out the remote-work terms

If the employee works remotely (as async workers typically do), document under the télétravail framework: eligibility, equipment, expense reimbursement, hours during which the employee can be contacted, and the conditions for reversibility. Article L.1222-10 requires you to inform the employee of any restrictions on the use of IT equipment and the applicable sanctions.

3. Define availability windows, not silence

Async does not mean unreachable. Define reasonable windows during which collaboration may occur, while confirming that the employee is not expected to respond outside those windows — which directly supports the right to disconnect (below).

Working time, rest and the right to disconnect

This is where the French model diverges most sharply from the American “results-only” mindset, and where DAIRIA Law most often advises international clients.

Recording working time

Unless the employee is under a valid forfait-jours, you must be able to demonstrate the hours actually worked. Following EU case law and the French Court of Cassation, employers bear the burden of setting up a reliable, objective system to measure daily working time. For async employees, this often means a lightweight self-declaration or time-tracking tool. “We only look at output” is not a defence in a French court.

Even under a forfait-jours, you must:

monitor the employee’s workload at regular intervals;
hold an annual individual review on workload, work organisation and work–life balance;
ensure daily (11h) and weekly (35h) rest are genuinely respected.

If you fail to monitor workload, courts can declare the forfait-jours unenforceable and award back-pay for overtime — a significant liability.

The right to disconnect (droit à la déconnexion)

Under French law, companies must negotiate on the means by which employees can exercise their right to disconnect and on measures regulating the use of digital tools to ensure respect for rest and personal life. For async and remote teams spanning time zones, this obligation is especially important: an employee in France should not be penalised for not answering a message sent at 2 a.m. your time.

Practical measures include: no expectation of after-hours replies, deferred email sending, and clear escalation rules. Documenting these protects both your employee’s wellbeing and your company from claims.

Maximum limits to respect

With standard hourly employees, remember:

Legal working week: 35 hours (overtime is paid or compensated above this).
Absolute maximum: generally 10 hours per day and 48 hours per week (44 hours on average over 12 weeks).

Async flexibility must operate within these ceilings.

Employing an async worker who is physically in France means the employee is, in principle, subject to French labour law and the French social-security system — regardless of where your company is headquartered.

If you have no French entity

You generally need either:

to register as a non-established (foreign) employer with French social-security authorities and run French payroll, or
to use an Employer of Record / portage solution.

Social contributions in France are substantial (employer charges commonly add roughly 40–45% on top of gross salary). Budget for this before offering an async role in France; the flexible working model does not reduce social-charge obligations.

Secondment vs. local hire

If you temporarily send an existing employee to work async from France, a posting/secondment (détachement) arrangement may apply, allowing them to remain under their home social-security scheme via an A1 certificate (within the EU/EEA or under a bilateral agreement). But genuine, long-term async employment based in France is a local employment relationship, not a posting. Mislabelling it exposes you to reclassification and penalties.

Collective agreements apply automatically

Your async employee will fall under a convention collective determined by your company’s activity. It may impose minimum salaries, additional leave, notice periods and — importantly for async — the specific rules enabling forfait-jours. You cannot opt out of it. DAIRIA Law assists international employers in identifying the correct collective agreement before the first hire.

Common compliance risks for international employers

Invalid forfait-jours — used without a supporting collective agreement or without workload monitoring.
No time records — assuming async output-based work removes the duty to track hours.
Ignoring the right to disconnect — creating implicit 24/7 availability across time zones.
Misclassification as a contractor — treating an async worker as a freelancer while directing their work exposes you to reclassification, back social charges and penalties.
No written remote-work framework — remote work should be documented via agreement or charter.

Managing these correctly turns async work from a liability into a genuine competitive advantage for attracting French talent.

FAQ

Is there a specific “async employee” contract in France?

No. “Async” is an HR concept, not a legal status. Your async worker is employed under a standard French employment contract, combined with remote-work terms and, where suitable, a forfait-jours day-count agreement. All standard protections — rest, maximum hours, right to disconnect — continue to apply.

Can I let a French employee work whenever they want?

You can allow significant flexibility, but not unlimited freedom. You must guarantee 11 consecutive hours of daily rest (Article L.3131-1) and 35 hours of weekly rest, and either record actual hours worked or use a valid forfait-jours with workload monitoring.

Do I need a French entity to hire an async employee based in France?

Not necessarily. A foreign company can register as a non-established employer for French social security, or use an Employer of Record. Either way, French labour law, the applicable collective agreement and French social contributions apply once the employee works from France.

How does the right to disconnect affect async teams across time zones?

You must define measures ensuring employees can disconnect and are not expected to be available outside agreed windows. For time-zone-spread teams, set explicit rules: no obligation to answer after-hours messages, and deferred communication where possible.

What happens if my forfait-jours agreement is invalid?

The day-count arrangement is treated as void, and the employee reverts to the 35-hour regime. They may then claim unpaid overtime, damages and back social charges. This is why the forfait-jours must be authorised by your collective agreement and supported by documented workload monitoring.

Key Takeaways for HR

Async is legal in France, but time still matters: guarantee 11h daily and 35h weekly rest, and record hours or use a valid forfait-jours.
Document everything: remote-work framework, availability windows, and right-to-disconnect measures.
Check your collective agreement first — it governs forfait-jours validity, minimum pay and notice.
Budget for French social charges and choose the right hiring vehicle before offering an async role.

Need to hire async or remote employees in France? DAIRIA Law advises and represents international employers on compliant contracts, forfait-jours agreements, remote-work charters and cross-border social-security setup. Get your framework right before your first French hire — and turn flexibility into a compliant advantage.