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[Music] good morning annalen I've just had a call from one of my clients Barnes and slow their senior project manager who's in France a brilliant British engineer Charles Robert has just had some questions from the labor inspection about what he's doing in France and they informed him that actually he cannot continue to work in France uh he's only here for two months and this is going to become a big business issue for them as you can imagine uh we're going to need to find a solution um and assess what we could do together I think okay um to start with shall we present ourself and and who we are of course good morning everybody thank you for joining us on another episode of your experts in in France our podcast anen I believe that you are an HR expert please introduce yourself thank you f so I'm anen um I'm an HR expert I've been working in international companies as an operational HR and now I'm a freelance um consultant working with different International companies willing to develop their business and doing their business in France what about you for your funer so um I'm a global Mobility expert and I'm actually an immigration expert as such and I help companies dealing with matters around visas work permits residence permits for their employees and also for their families as such and I have over 25 years of experience here in France excellent so where shall we start with your with this issue where where where do we go from here well I think that probably we need to see what are the various steps for human resources and what are the various steps for immigration and they both do tie in together um and they're both essential for compliance as well and that's what we wouldd like everybody to be able to understand okay so what would be the first challenge in human resources when hiring a non-e employee well to start with Fiona and I would say that's for any company the um recruitment and obviously the onboarding is the most important issue we have to ensure we have the right job description but that's for any type of company and if we are under the a specific collective bargaining agreement we have to ensure that the job description and the salary correspond to the level and to the coefficient of the collective bargaining agreement that is the first step and then we have to to go through the onboarding from a compliance point of view and I think this is very important so what about you f what is step one in Immigration so we first of all need to verify if the employee is already in France what permit category they have does that permit category allow the person to work uh the employer to hire them or if they're going to have to have a change of status let's say they were students they need to go into an employee status so if the employee is not in France then we're going to need to see with the HR people everything around the position the level of salary uh and the coefficient and then we have to find what is going to be the most suitable permit category ing to that person's role and salary and then I think there are a few other things yes at least um you have to be careful that two working days before for the hiring of the person you have to inform the local prefecture for security checks yes um we can do it either by sending a mail or to connect on their on their online portal yes that's quite new the online portal and it's good yeah it's it's very easy very straightforward okay yeah and when would you advise that to be done um I would advise to do that at the same time as the DPA what is the DPE please explain so I'm going to try to explain in a very short way um the DP is a declaration which meets the the requirement sorry of various control agency thereby avoiding any penalties specifically and particularly regarding non declar employment and that is very very important just to give you an example one of my clients they didn't do the DP and I said we stop the hiring we can't do the hiring so yeah we have to be very careful with that and so that has to be done before hiring yes eight days eight days before the hiring and this is very important so there's quite a lot of planning there a little bit yeah yeah exactly so on your side Fiona what should the company be aware of concerning the security check so the Security checks as we call them which is basically the prefecture seeing that the person doesn't have a false identity um we actually advise that that should be done three to four days in advance right because the rule is that if you don't hear back from the prefectural two days later working days then you are able to hire the person okay as such so it's quite easy I've never ever had a perfecture come back okay with anything right what about hiring a student student who's completing an internship okay that's another story easy one I would say let's say okay so usually student working in France like International stud student working in France have a student permit from a professional experience we we all decide to offer them a permanent contract therefore we need to ensure that they switch from a student permit to an employee employees permit we all know that is quite complicated at the end of today so Puna what would you suggest for that so there are a couple of easy steps um to follow as such so first of all the first thing is that you need to verify if the student has worked 964 hours during the last 12-month period so then you know how many more hours they could work as a student for you please note that internships professional training uh with the university don't count in the 964 hours as such point two you've got to verify the expiry date of the permit because that is a due date um point three have they been issued with their diploma yet and if they if they haven't when is that going to be issued because you can't file until they actually have the diploma and then point four verify with the HR manager the level of proposed salary to see if they could enter a talent category as such so those are the main points that HR people need to think about before hiring but it's not that complicated but you do have to go through that process y so there are F us some points which are equally important um yes you are completely right it's important to ensure that you've got a passport T and whatever is the situation I never issue a permanent contract CDI without adding a close in the contract clearly stating that the person a person who doesn't obtain the approval from the French authorities regarding the change of status the the sorry the employment contract is not valid and this is very important otherwise that can put the company in a very very bad situation in terms of employment and hiring and then if they don't have a talent passport then we move to a different case um we have to do some um candidate Market search with the French Employment Agency for a minimum of three weeks prior to the filing to the change of the status application and obviously you need the help of the HR to do that and that's for sure so now F what about the transfer of a non-eu employee in France so there are different Intergroup transfer categories there's an ICT Detachment or Talent part passport where an employee Is On Assignment now the ICT Detachment is for assignments that are going to be less than three years uh the employee remains on the Home Country payroll Employment contract Social Security depends on whether there's a bilateral agreement but this involves a lot of HR monitoring yeah whereas the talent permit can be for an initial period of 4 years but it can be extended but here the employee is put onto a French Employment contract French payroll French Social Security so those are the main differences on those two categories which of course have a lot of HR monitoring and implications um as such so perhaps you're going to be able to explain to us a little bit more about the HR monitoring side so yes sha that's right um we have to monitor on different levels and especially uh for it ICT um detachment working hours tax issues and Social Security and that is very important obviously we have to include management reporting um posted worker notification which is the um si uh PS C that's the one there we are cpy uh cpy fighting it's very important to note that the I CT Detachment permit um the employer cannot work on client site yes that is is really really important so to wrap it up I'd say in France everything is possible as long as you have the knowledge or you have support from experts to ensure that compliance is in place thank you very much thank you annen it's been a real pleasure thank you very much F thank you everybody thanks for listening to the podcast take care we'll see you on another one soon thank you very much bye [Music]