Part Eight: Monitoring the application of employment legislation

A foreign employee employed in disregard of the provisions of the first paragraph of article L. 8251-1 shall, from the date of his recruitment, be treated in the same way as an employee duly employed with regard to the employer’s obligations as defined by this Code: 1° For the application of the provisions relating to pre- and post-natal employment ban periods and breastfeeding, provided for in articles L. 1225-29 to…

The foreign employee is entitled, in respect of the period of unlawful employment : 1° To payment of salary and related benefits, in accordance with the legal provisions, collective bargaining agreements and contractual stipulations applicable to his employment, after deduction of sums previously received in respect of the period in question. In the absence of proof to the contrary, the sums due to the employee correspond to an employment relationship…

The foreign employee referred to in Article L. 8252-1 benefits from the provisions of Chapter III of Title V of Book II of Part Three relating to wage insurance and liens for the sums due to him pursuant to this Article.

The sums due to the foreign national not authorised to work, in the cases provided for in 1° to 3° of article L. 8252-2, are paid to him/her by the employer within thirty days of the offence being detected. When the foreign national is placed in administrative detention pursuant to articles L. 740-1 or L. 751-8 of the Code de l’entrée et du séjour des étrangers et du droit d’asile…