Foreign artists - Residence and work permits
Thursday, 05 May 2005
Page 4 of 4
Sanctions
Companies based in France or in foreign countries are obligated to ensure prior to the work period that artists hold documents which authorize them to work for a salary in France (Article L. 341-6 of the labor code : « No person shall, directly or by means of an intermediary, hire, retain in one’s service, or employ for any length of time a foreign national who does not hold a document authorizing that foreign national to exercise a salaried activity in France. »).
The hiring of foreign employees who do not possess documents authorizing them to work is punishable with a 5-year prison term and/or a fine of € 15,000, applicable for each of the foreign workers concerned. These penalties were increased by the law of November 27, 2003 which modified article L. 364-3 of the labor code. They formerly consisted of a 3-year prison term and a € 4,500 fine.
The legal entity (organization, company, etc.) can also be declared liable.
In this case, the penalties incurred are :
In addition to these penal sanctions, companies which hire foreign employees who are not authorized to work are obligated to pay a special contribution to the ANAEM . This special contribution is at a minimum equal to one thousand times the guaranteed minimum, i.e. € 3,000 as of January 1, 2004.
Also, the law of November 27, 2003 introduced a new financial penalty : a lump sum representative of costs necessary to return the foreign worker to his or her country of origin.
See also Legal precedents (in French).
Companies based in France or in foreign countries are obligated to ensure prior to the work period that artists hold documents which authorize them to work for a salary in France (Article L. 341-6 of the labor code : « No person shall, directly or by means of an intermediary, hire, retain in one’s service, or employ for any length of time a foreign national who does not hold a document authorizing that foreign national to exercise a salaried activity in France. »).
The hiring of foreign employees who do not possess documents authorizing them to work is punishable with a 5-year prison term and/or a fine of € 15,000, applicable for each of the foreign workers concerned. These penalties were increased by the law of November 27, 2003 which modified article L. 364-3 of the labor code. They formerly consisted of a 3-year prison term and a € 4,500 fine.
The legal entity (organization, company, etc.) can also be declared liable.
In this case, the penalties incurred are :
- a fine of as much as € 75,000 ;
- a ban on directly or indirectly practicing the activity practiced when the offence was committed, for a maximum period of 5 years ;
- court monitoring for a maximum period of 5 years ;
- permanent closure or closure for a maximum period of 5 years ;
- posting of the court decision or publication of this decision in the press or by any other means of audiovisual communication.
In addition to these penal sanctions, companies which hire foreign employees who are not authorized to work are obligated to pay a special contribution to the ANAEM . This special contribution is at a minimum equal to one thousand times the guaranteed minimum, i.e. € 3,000 as of January 1, 2004.
Also, the law of November 27, 2003 introduced a new financial penalty : a lump sum representative of costs necessary to return the foreign worker to his or her country of origin.
See also Legal precedents (in French).
Last Updated ( Tuesday, 12 December 2006 )
