The French Government recently adopted various decrees to provide details as to how, in practice, some of the provisions of the existing statute on immigration will be applied. The statute created, amongst other things, the temporary “carte de séjour” (residence permit) with specific reference to the “seasonal worker”. This card or permit is aimed at foreign individuals with a seasonal employment contract who undertake to maintain their normal place of residence outside France. The permit is granted for a renewable three-year period and allows its holder to reside in France for a set period of time and to carry out seasonal work for one or more employers for a duration not exceeding 6 months out of a 12 month period.
In an attempt to tackle illegal immigration, the statute also increased companies’ obligations. There has been a significant increase in the fines which may become payable by companies employing foreign workers without legal work permits. From now on, any contract whose value exceeds €3,000 will require a company to obtain from its supplier/contracting party details of the names of any foreign worker engaged on the contract who requires a work permit (previously a sworn statement of compliance was sufficient). Additionally, in order to ensure that the worker is the holder of a valid work permit, the employer will need to write a letter to the departmental “Préfet” at least two business days before the date on which the employee’s employment contract is due to start. The amount of the fine due to Anaem (the National Agency for Welcoming Foreigners and Migrants) in a case of repeated non-compliance is increased to 5000 times (as opposed to 2000 previously) the minimum hourly rate payable to the employee in question