Foreigner employee without work authorization: what are the consequences?

Verified 19 July 2024 - Directorate for Legal and Administrative Information (Prime Minister)

One employer who wishes hire an employee non-European foreigner duty check that the foreigner has a work permit or a work permit. Where a non-European foreigner employee does not more work authorization or valid residence permit, the employer shall not can't keep it in the company: it must to terminate the contract of work. We are taking stock of the regulations.

The employer must notify dismissal of employees in DTA: titleContent or early termination for an employee in CSD: titleContent.

He is not obliged to summon the employee to a pre-maintenance.

If the employee is staff representativeHowever, he also does not need to ask the labor inspector for permission to dismiss him.

A pregnant employee's employment contract may be terminated.

The ground for termination of the contract of employment does not constitute a case of force majeure.

FYI  

In the case of fraud on the part of the employee and if the employer has carried out the checks on the work authorization which appeared to be regular, the employer may apply a procedure disciplinary. He can make a break for gross negligence without payment of severance pay or lump sum.

Yes, the employer must pay the employee compensation that varies depending on whether the contract is a  DTA: titleContent or a CSD: titleContent.

DTA

The allowances vary depending on whether the employer terminates the employee's employment contract at the end of the work authorization or after the end of the work authorization, when the employee has continued to work (he is then employed) unlawfully).

The employer terminates the employee's employment contract at the end of the work authorization

The dismissed employee may receive a severance pay. However, the employer will not be required to pay notice if the employee is unable to perform it.

The employer terminates the employee's employment contract after the end of the work authorization

The amount of the allowance shall be:

  • Or a lump sum allowance equal to 3 months' pay
  • Either, if more favorable, to the cumulative amount of severance pay and notice.

In addition, the employee may request damages to the prud'homme council if he can justify injury.

Please note

In the event of termination of the contract of employment as a result of a concealed work, the employee shall be entitled to a lump-sum allowance equal to six months' pay.

CSD

The allowances vary depending on whether the employer terminates the employee's employment contract at the end of the work authorization or after the end of the work authorization, when the employee has continued to work (he is then employed) unlawfully).

The employer terminates the employee's employment contract at the end of the work authorization

The employer must pay the employee damages in an amount equivalent to the amount of remuneration remaining due until the end of the contract and theprecarious allowance.

The employer terminates the employee's contract after the end of the work authorization

The amount of the allowance shall be:

  • Or a lump sum allowance equal to 3 months' pay
  • Either, if more favorable, the cumulative amount of compensation for wrongful breach of contract and the precarious premium.

In addition, the employee may request damages to the prud'homme council if he can justify injury.

Please note

In the event of termination of the contract of employment as a result of a concealed work, the employee shall be entitled to a lump-sum allowance equal to six months' pay.

Yes, the employer can be sanctioned with a fine penal, a prison sentence and a administrative fine depending on the situation.

Répondez aux questions successives et les réponses s’afficheront automatiquement

The employer knowingly hired or retained a foreigner without a work permit

The employer is at risk of criminal and administrative sanctions.

Criminal sanctions

The penalties are as follows:

  • Criminal fine: €30,000 by foreigner concerned
  • Prison sentence (combined with fine): 5 years.

Additional sanctions may also be applied (confiscation of property, inadmissibility, prohibition to practice...).

Please note

Fraud or misrepresentation for the purpose of obtaining a foreigner’s entitlement to engage in paid employment shall be punished 1 year in prison and a fine of €3,000.

Administrative fines

The administrative fine shall not exceed 5,000 times the hourly rate of guaranteed minimum either €20,750 per foreigner worker.

In case of recurrence in the 5 years, the administrative fine shall not exceed 15,000 times the hourly rate of guaranteed minimum either €62,250 per foreigner worker.

The maximum administrative fine shall be reduced to 2,000 times the hourly rate of guaranteed minimum either €8,300 where the employer has paid spontaneously, within a period of 30 days from the time the infringement is established, the salaries and allowances.

The employer has knowingly hired or retained a foreigner in a professional category, occupation or geographical area other than those mentioned on the work permit

The employer is at risk of criminal and administrative sanctions.

Criminal sanctions

The penalties are as follows:

  • Criminal fine: €30,000 by foreigner concerned
  • Prison sentence (combined with fine): 5 years.

Additional sanctions may also be applied (confiscation of property, inadmissibility, prohibition to practice...).

Please note

Fraud or misrepresentation for the purpose of obtaining a foreigner’s entitlement to engage in paid employment shall be punished 1 year in prison and a fine of €3,000.

Administrative fines

The administrative fine shall not exceed 5,000 times the hourly rate of guaranteed minimum either €20,750 per foreigner worker.

In case of recurrence in the 5 years, the administrative fine shall not exceed 15,000 times the hourly rate of guaranteed minimum either €62,250 per foreigner worker.

The maximum administrative fine shall be reduced to 2,000 times the hourly rate of guaranteed minimum either €8,300 where the employer has paid spontaneously, within a period of 30 days from the time the infringement is established, the salaries and allowances.

The employer knowingly hired or retained a foreigner without authorization to work in an organized band

The employer is at risk of criminal and administrative sanctions.

Criminal sanctions

The penalties are as follows:

  • Criminal fine: €200,000 by foreigner concerned
  • Prison sentence (combined with fine): 10 years.

Additional sanctions may also be applied (confiscation of property, inadmissibility, prohibition to practice...).

Please note

Fraud or misrepresentation for the purpose of obtaining a foreigner’s entitlement to engage in paid employment shall be punished 1 year in prison and a fine of €3,000.

Administrative fines

The administrative fine shall not exceed 5,000 times the hourly rate of guaranteed minimum either €20,750 per foreigner worker.

In case of recurrence in the 5 years, the administrative fine shall not exceed 15,000 times the hourly rate of guaranteed minimum either €62,250 per foreigner worker.

The maximum administrative fine shall be reduced to 2,000 times the hourly rate of guaranteed minimum either €8,300 where the employer has paid spontaneously, within a period of 30 days from the time the infringement is established, the salaries and allowances.

The employer knowingly engaged, directly or indirectly, in the services of an employer of a foreigner not permitted to work

The employer is at risk of criminal and administrative sanctions.

Criminal sanctions

The penalties are as follows:

  • Criminal fine: €30,000 by foreigner concerned
  • Prison sentence (combined with fine): 5 years.

Additional sanctions may also be applied (confiscation of property, inadmissibility, prohibition to practice...).

Please note

Fraud or misrepresentation for the purpose of obtaining a foreigner’s entitlement to engage in paid employment shall be punished 1 year in prison and a fine of €3,000.

Administrative fines

The administrative fine shall not exceed 5,000 times the hourly rate of guaranteed minimum either €20,750 per foreigner worker.

In case of recurrence in the 5 years, the administrative fine shall not exceed 15,000 times the hourly rate of guaranteed minimum either €62,250 per foreigner worker.

The maximum administrative fine shall be reduced to 2,000 times the hourly rate of guaranteed minimum either €8,300 where the employer has paid spontaneously, within a period of 30 days from the time the infringement is established, the salaries and allowances.

Please note

Where the same person is punished by an administrative fine and a criminal penalty for the same acts, the total amount of the fines shall not exceed the highest legal maximum.

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