Compliance applied to the employment law of foreigners
Overview of sanctions and ways to (re) comply
By Haroon MALIK — HMLAW Avocats
State of play
In many sectors of activity, foreign labour — whether regular or not — plays a crucial role. For some businesses, especially VSEs and SMEs, their survival may depend on it.
However, many employers, sometimes without being fully aware of it, may be unaware of their obligations to employ foreign workers. This lack of knowledge exposes them to sanctions. administrative and Penal potentially heavy, with often disastrous consequences.
Lawsuits may be aimed at both leaders (natural persons) and businesses (legal entities).
Faced with this reality, it is possible to reconcile three essential objectives:
- For employers : to be able to use a workforce in sectors in tension.
- For foreign employees : to be supported in their regularization procedures.
- For the State : enforce the legislation in force.
It is this joint that we refer to by the term of “compliance” applied to the employment law of foreigners.
Penalties in case of illegal employment of foreign employees
Legal basis
- Article L. 8251-1 of the Labor Code : prohibition of employing an employee without a residence permit authorizing him to engage in paid employment.
Administrative sanctions
- Fine of up to €15,000 per employee concerned
(Article L. 8253-1 of the Labor Code)
Criminal sanctions
- Up to 5 years in prison
- €30,000 fine
(Article L. 8256-2 of the Labor Code)
The “compliance” approach and our support
Our firm regularly assists companies — of all sizes — in setting up a proactive compliance approach, in order to limit legal risks in the event of an audit.
Our approach:
- Upstream :
Setting up preventive and curative measures in collaboration with employers, employees concerned and HR teams. - Downstream :
Legal assistance as part of administrative and criminal procedures in progress or to come.
Our objective is to enable companies to secure their activity while respecting the legal framework applicable to the employment of foreign employees.
