State of play
Hiring foreign employees requires the rigorous verification of their residence permits and, where applicable, their work permits. However, many businesses — due to a lack of information, vigilance or resources — make mistakes at this critical stage.
These errors may result from:
- Of a Expired residence permit or not in accordance with the activity,
- Of a Misunderstanding of legal notices on the document,
- Or of a lack of systematic verification at the renewal of the contract.
The consequences are serious: even in case of good faith, the employer can be sanctioned. The objective is therefore to set up a documentary compliance process.
The obligations of the employer
Initial check
Before hiring, the employer has the obligation to:
- Check the validity of the residence permit,
- Make sure that the title authorizes paid activity,
- Send a copy of the title to the competent prefecture, for verification (in some cases).
Follow-up over time
The obligation does not end with hiring:
- It is imperative to regularly check the validity of the title (renewal, change of status, etc.),
- Of internal tracking records should be kept up to date.
Risks in the event of a breach
Administrative responsibility
- The absence of verification can be equated to a employment of an employee without a work permit, even if a document has been submitted.
Penalties incurred
- Up to €15,000 fine per employee (administrative),
- Criminal sanctions : 5 years of imprisonment and a fine of €30,000.
Our support in terms of documentary verification
Chez HMLAW Avocats, we offer specific legal support to secure your practices from the recruitment phase.
Our actions:
- Audit of internal procedures verification of residence permits,
- HR team training on the types of titles, their duration, their mentions and their limits,
- Establishment of a schedule for monitoring titles and critical deadlines,
- Legal assistance in case of doubt or report by the administration.
Documentary compliance is not an option: it is a insurance against heavy risks and often avoidable.
