When one of the officials mentioned in article L. 8271-7 finds that a foreign worker is employed without being in possession of a document authorising him/her to work as an employee in France, he/she will give him/her a document informing him/her of his/her rights, the content of which is defined in article R. 8252-2.
The document given to the foreign employee not authorised to work includes the following information: 1° In all cases : a) Entitlement to the wages and allowances mentioned in 1° and 2° of article L. 8252-2 ; b) The employer’s obligation to provide pay slips, a certificate of employment and a balance sheet corresponding to the period of employment in the company; c) The possibility, if the employee is in…
The body referred to in Article L. 8252-4 is the French Office for Immigration and Integration.
When one of the officials mentioned in article L. 8271-7 has discovered an offence involving the employment of a foreigner not authorised to work, he/she shall inform the French Office for Immigration and Integration without delay, specifying the identity of the offender, the employee(s) concerned and any information relating to the implementation of the provisions of article L. 8252-2. The departmental prefect and, in Paris, the police prefect will keep…
The employer of a foreign national who is not authorised to work shall pay the wages and allowances set out in article L. 8252-2 by any means within the period specified in article L. 8252-4. He shall provide the foreign employee with the corresponding pay slips, a certificate of employment and the balance of all accounts. He shall provide proof to the French Office for Immigration and Integration, by any…
If a foreign employee is held in administrative detention, is assigned to a place of residence or is no longer on French territory, the employer must pay the sums specified in article L. 8252-2 to the Office français de l’immigration et de l’intégration (French Office for Immigration and Integration) within the period specified in article L. 8252-4, which will then pay them to the employee concerned.
For any foreign employee placed in administrative detention, under house arrest or who is no longer on national territory, the Director General of the Office will remind the employer, by registered letter with acknowledgement of receipt or by any other means that allows proof of receipt by the addressee, that it must, if it has not already paid the sums mentioned in article R. 8252-6, pay them without delay into…
If, in the situation of the foreign employee referred to in Article R. 8252-8, the Director General of the Office français de l’immigration et de l’intégration decides to implement the financial solidarity of the principal referred to in Article L. 8254-2, he shall inform the principal, by registered letter with acknowledgement of receipt or by any other means allowing proof of its receipt by the addressee, that he must pay…
When the industrial tribunal, seized by a foreign employee not authorised to work or his representative, pursuant to Article L. 8252-2, has handed down a final decision ordering the employer or the principal to pay the outstanding sums, the court registry will send a copy of this decision to the Director General of the French Office for Immigration and Integration.
When a criminal court has handed down a final decision convicting a person of knowingly using the services of an employer of a foreign national not authorised to work, the court registry will send a copy of the decision to the Director General of the French Office for Immigration and Integration, to enable him/her to implement the financial solidarity provided for in Article L. 8254-2-2.
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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