How to Hire International Employees in France: An Employer’s Compliance Guide

To hire international employees in France, your company must sign a written employment contract compliant with the French Labour Code, register with French social security (URSSAF), secure a work permit for non-EU nationals, and apply the relevant collective bargaining agreement. Whether you set up a French entity, use an Employer of Record, or second staff from abroad, French mandatory labour rules apply from the first day of employment regardless of the nationality of your worker or the governing law you choose.

This guide explains, from the employer’s standpoint, the practical steps and legal obligations you face when building a workforce in France. DAIRIA Law advises international companies on structuring compliant hiring, drafting contracts and managing work-authorisation and secondment.

Your Three Options for Hiring in France

Before recruiting, decide how your company will legally employ people on French soil. Each route carries distinct obligations.

1. Establish a French entity or branch. This is the standard route for a lasting presence. You register the entity, obtain a SIRET number, affiliate with URSSAF and run French payroll. You become the direct employer and assume all obligations under the Labour Code and the applicable collective agreement.

2. Use an Employer of Record (EOR) / portage. A third-party entity already established in France employs the worker on your behalf and invoices you. This is fast, but you remain exposed to co-employment and illegal labour-lending risks if the arrangement is poorly structured. The EOR must be a genuine employer, not a mere payroll conduit.

3. Second (post) an existing employee to France. If you already employ someone abroad and send them temporarily to France, this is secondment (détachement). The employment relationship stays with the foreign employer, but a hard core of French protective rules still applies (see below). Even a foreign employer with no French establishment must, in most cases, appoint a representative in France and register the secondment on the SIPSI platform before work begins.

DAIRIA Law helps you compare these options against your headcount, duration and budget.

Work Authorisation: EU vs. Non-EU Nationals

Nationality determines whether you need a work permit.

EU/EEA and Swiss nationals benefit from free movement. They need no work permit and can be hired on the same terms as a French national.

Non-EU (third-country) nationals generally require authorisation to work. As the employer, the burden is largely on you:

You must verify the candidate holds a valid residence permit authorising employment, or apply for a work authorisation before the employee starts.
Under Article L.8251-1 of the French Labour Code, it is prohibited to employ a foreign national who is not authorised to work in France. Violation exposes your company to criminal penalties, administrative fines and reputational harm.
The “Talent Passport” (Passeport Talent) residence permit covers qualified employees, corporate executives and intra-company transferees, offering a multi-year permit that simplifies hiring skilled international staff.
For intra-group mobility, the ICT permit (salarié détaché ICT) allows managers and specialists to be transferred to a French entity within the same group.

Always keep documentary proof of the check you performed; you must be able to demonstrate that you verified the right to work.

The Employment Contract and Mandatory Rules

A French employment contract is where most compliance mistakes happen with international hires.

Written contract and language. While a permanent contract (CDI) can technically be verbal, a written contract is strongly advised and is mandatory for fixed-term (CDD), part-time and several other contract types. A contract performed in France must be drafted in French; you may provide a translation in the employee’s language, but the French version prevails for a French-based worker.

Choice of law limits. You may agree that foreign law governs the contract, but under EU rules (Rome I Regulation) you cannot deprive the employee of the protection of the mandatory provisions that would apply if French law governed. In practice, French dismissal protection, minimum wage, paid leave and working-time rules apply to work performed in France.

Working time. The statutory working week is 35 hours. Hours beyond that trigger overtime pay or, for eligible managers, a forfait-jours (annual day-count) arrangement, which must be authorised by your collective agreement.

Paid leave. Employees accrue 2.5 working days of paid leave per month worked, i.e. five weeks per year.

Collective bargaining agreement (convention collective). Your sector’s collective agreement is often mandatory and can raise minimum salaries, add notice periods, set classification grids and improve severance. Identify the correct agreement before you fix the salary.

Trial period. You may set a probationary period, but its maximum duration is capped by law and by the collective agreement. It must be expressly written in the contract to be enforceable.

Hiring in France means enrolling in the French social-security system and paying employer social contributions — often significantly higher than in the US or UK.

Pre-hire declaration (DPAE). Before the employee’s first day, you must file the Déclaration Préalable À l’Embauche with URSSAF. Failure to do so is treated as concealed employment.
Employer social charges typically add roughly 40–45% on top of gross salary, funding health insurance, retirement, unemployment, family benefits and workplace-accident cover. This is a core budgeting item for any international employer.
Payslips are mandatory monthly and must contain legally prescribed information.
Occupational health. You must arrange a medical check for new hires within the statutory window and maintain workplace health and safety obligations.

A1 certificates for secondment. If you second an employee from another EU country, an A1 portable document lets them stay affiliated to their home social-security scheme temporarily, avoiding double contributions. Without it, French affiliation may be imposed.

Seconding Employees: The French Hard Core of Rules

When you post a worker to France temporarily, French law applies a protective “hard core” regardless of the contract’s governing law. This includes the minimum wage and sector minima, maximum working time, paid leave, health and safety, and equal treatment. You must:

Register the posting on the SIPSI online platform before it starts;
Designate a representative in France to liaise with the labour inspectorate;
Keep documents (contract, payslips, time records) available for inspection, translated into French.

Non-compliance can lead to administrative fines per posted worker and suspension of the service provision. DAIRIA Law prepares and audits secondment arrangements for international groups.

FAQ

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

Not necessarily. You can hire through an Employer of Record already established in France, or second an existing foreign employee. However, if you employ directly without a French establishment, you must still register as an employer with French social security and appoint a representative. A French entity is usually the most robust solution for a lasting team.

Can I use my US or UK employment contract for a French hire?

No. You may keep some clauses, but a contract performed in France is subject to French mandatory rules — minimum wage, paid leave, working time, dismissal protection and the applicable collective agreement — even if you choose foreign governing law. Using a foreign template unchanged is a leading source of litigation. Have the contract adapted to French law.

What work permit do non-EU international employees need?

Third-country nationals generally need a residence permit authorising employment. Qualified staff often use the Talent Passport; intra-group transfers use the ICT permit. Employing an unauthorised foreign worker is prohibited under Article L.8251-1 of the French Labour Code and carries criminal and financial penalties for your company.

Employer social contributions typically add around 40–45% on top of gross salary, funding health, pension, unemployment and family benefits. Combined with a mandatory 13th-month or bonuses in some collective agreements, the total employment cost is well above the headline gross. Budget accordingly before setting compensation.

How can I dismiss an international employee in France?

French dismissal requires a real and serious cause, a formal procedure (pre-dismissal meeting, notice), and — for economic dismissals — additional steps. Statutory severance is owed to employees with a minimum period of seniority. “At-will” termination does not exist in France, so plan any exit carefully.

Key Takeaway for Employers

Compliance checklist: choose your hiring structure (entity, EOR or secondment); verify work authorisation before day one; issue a French-law compliant written contract identifying the correct collective agreement; file the DPAE with URSSAF and budget 40–45% employer charges; and respect statutory working time, paid leave and dismissal protection. French mandatory rules apply to work performed in France whatever governing law you pick.

DAIRIA Law advises and represents international companies at every stage of hiring international employees in France — from structuring and contracts to work permits, secondment and dispute prevention. Engage counsel before your first hire, not after your first inspection.