Investing in France

Hiring Employees in France as a Foreign Company: The 2026 Guide

DAIRIA Law · 2026-07-09 · 5 min

Expanding into France is one of the most attractive moves for an international group — and one of the most legally dense. French employment law is protective, codified, and unforgiving of improvisation. The good news: you do not need a French company to employ someone in France. But you do need to do it the right way from day one.

This guide explains, for a foreign employer, the three legal routes to hiring in France, your core obligations, and the mistakes that most often turn a simple hire into a costly dispute.

Can a foreign company hire in France without a local entity?

Yes. A company with no establishment in France can legally employ staff there. You have three routes, depending on your ambitions and appetite for administration.

Route 1 — Register as a foreign employer with URSSAF

A company based abroad, with no establishment in France, can register directly with URSSAF’s dedicated service for foreign firms (“entreprise étrangère sans établissement en France”). You become the direct employer: you run French payroll, pay French social contributions, and the employee is fully covered by French labour law. This is the cleanest route when you want a genuine, lasting French workforce without incorporating.

Route 2 — Use an Employer of Record (EOR)

An Employer of Record becomes the legal employer of your worker in France, while the person works for you day-to-day. It is the fastest way to onboard one or two people and test the market, with the EOR handling contracts, payroll and compliance. The trade-off is cost and less direct control over the employment relationship.

Route 3 — Incorporate a French entity (subsidiary or branch)

For scale, a hub, or client-facing operations, setting up a subsidiary (filiale) or branch (succursale) is the structural answer. It is heavier to establish but gives you full autonomy and local substance.

Rule of thumb: 1–2 hires to test the market → EOR. A stable French team without a company → foreign-employer registration. Real local operations → a French entity.

Your core obligations once you employ in France

Whichever route you choose, employing someone on French soil means French law applies. The essentials:

  • A written contract, in French. French law does not require a written contract for a permanent full-time role (a CDI is presumed), but the applicable collective agreement almost always requires one — and fixed-term (CDD) and part-time contracts must be in writing. Under the Loi Toubon, the employee is entitled to a French-language version.
  • The applicable collective bargaining agreement (convention collective). French sectors are governed by conventions collectives that set minimum pay grids, classifications, notice periods and benefits — often more favourable than the Labour Code. Identifying the right one (by IDCC code) is step zero, not an afterthought.
  • Minimum wage and working time. The statutory minimum wage (SMIC) applies, the legal working week is 35 hours, and employees accrue 5 weeks of paid leave per year.
  • Social contributions. Employer social charges add roughly 40–45% on top of gross salary — budget for this from the start.
  • Mandatory complementary health insurance (mutuelle). Since 2016, employers must offer and co-fund a collective health plan.
  • The pre-hire declaration (DPAE). You must file a Déclaration Préalable À l’Embauche with URSSAF before the employee’s first day. Skipping it exposes you to serious penalties.
  • Occupational health and payslips. Enrolment with an occupational-health service and compliant monthly payslips are mandatory.

What surprises international employers the most

If your reference point is US or UK employment, three things will feel very different:

  1. No at-will employment. You cannot dismiss “for any reason or no reason.” Every dismissal must rest on a real and serious cause (cause réelle et sérieuse) and follow a strict procedure. Get it wrong and you owe damages set by the Barème Macron (Article L.1235-3).
  2. Notice periods and procedure are non-negotiable. Statutory minimums apply and the convention collective often extends them, especially for executives (cadres).
  3. Probation is capped and framed by law. The maximum initial probation is two months for employees, three for supervisors, and four for executives — renewable once only if the agreement allows.

The pitfalls that cost the most

  • Hiring before the DPAE — a formality that becomes a liability if missed.
  • Ignoring the convention collective — applying the Labour Code alone underpays or under-protects, and creates back-pay exposure.
  • Copy-pasting a foreign contract — clauses valid abroad (broad non-competes, at-will language) are void or dangerous in France.
  • Underestimating the true cost — the ~40–45% employer charges and mandatory benefits change the business case.
  • Treating dismissal as a decision, not a procedure — the biggest source of litigation for foreign employers.

Frequently asked questions

Do I need a French company to hire in France? No. You can register as a foreign employer with URSSAF, or use an Employer of Record.

In which language must the contract be written? French. The employee is entitled to a French version, even if a bilingual contract is used.

How much do employer social charges cost? Roughly 40–45% on top of gross salary, depending on the role and sector.

Can I dismiss an employee freely during the trial period? More freely than after, but not without limits: the reason must relate to professional skills, and notice rules apply.

Start with the right structure — talk to a French employment lawyer

Most costly disputes we see with international employers trace back to a decision made at the hiring stage — the wrong route, the wrong collective agreement, a foreign contract dropped into a French context. Getting the foundation right is far cheaper than fixing it later.

DAIRIA Law advises international companies on French employment law, in your language. Schedule a free 30-minute consultation — or ask DAIRIA AI your first question instantly.

This article is general information on French employment law as of 2026, not legal advice on a specific situation.