Before your first French employee starts, several obligations must already be fulfilled. Here’s what foreign employers need to have ready and why timing matters.
For foreign companies hiring in France for the first time, the employment contract tends to get most of the attention. It matters, but it is only one part of what needs to be in place. Several other obligations must be fulfilled before the employee’s first day, and missing any of them creates compliance exposure from the very start of the relationship.
- The pre-employment declaration
Before an employee can legally start work in France, the employer must file a Déclaration Préalable à l’Embauche (DPAE) with French social security. This declaration must be submitted before the employee begins work, not on the day they start and not retrospectively.
The DPAE triggers the employee's registration with the social security system and is the starting point for all downstream obligations. Failing to file it is one of the most frequently cited compliance failures during labour inspections in France.
- The collective agreement
Every employment relationship in France operates within the framework of a sector-specific collective agreement (convention collective). This document is determined by the employer’s business activity rather than by choice, and sets minimum salary levels, working hours, leave entitlements, notice periods, and often additional benefits.
The collective agreement must be identified correctly before the contract is drafted, because its provisions take precedence over the contract itself wherever they are more favourable to the employee.
- The employment contract
The employment contract must be in French, signed by both parties, and in place before or on the first day of work. It must reference the applicable collective agreement, specify the employee’s classification within that agreement, define working hours, and include the terms of the probation period if one applies.
- The mandatory medical check-up
Every new employee must undergo a workplace medical examination organised by the employer. For standard roles, this must take place within a defined period after the start of employment. For roles involving specific risks, it must happen before the employee starts.
The employer is responsible for scheduling this appointment. An employee who is later injured and can demonstrate that no medical check-up was conducted has a strong basis for a claim against the employer.
- Health insurance and benefits
From the first day of employment, the employer must have enrolled the employee in the company’s collective health insurance scheme (mutuelle). The employer must cover at least 50% of the premium. Depending on the applicable collective agreement, provident insurance (prévoyance) may also be mandatory from day one.
The bottom line
A compliant first day in France requires preparation that starts well before the employee arrives. The companies that run into trouble are rarely the ones who don’t care about compliance. They are the ones who didn’t know how much needed to be in place before the work began.
Getting the first day right sets the tone for the entire employment relationship.
Article written by briogate.com – Your French HR and payroll specialist.