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With the deepening of globalization, when enterprises expand their business in multiple countries, cross-border labor compliance has become one of the most complex and severe challenges. To help enterprises systematically address this issue, we have collaborated with top labor lawyers from over 50 major jurisdictions worldwide (all recommended by Chambers, The Legal 500, or equivalent institutions) to jointly compile a Chinese-English labor & employment compliance guide exceeding 1 million words, and we will continuously update relevant key points.

This article publishes the key points of labor & employment compliance by November 2025 in France.

01 Overview of the Labor Law System

1.Legal System

France operates under a civil law system.

2.Resources and Agencies

The main statutes and regulations relating to employment are the Labor Code, the Social Security Code, and administrative regulations and collective bargaining agreements either at the field-of-activity level (CBA) or the company level. 

02 Employment Qualifications and Classification

1.Employment Age

The minimum age for admission to work in France is 16. Failure to comply with this minimum age is punishable by a fifth-class fine (maximum €7,500).

2.Qualifications for Employment

A foreign company is authorized to hire employees without having an establishment on French territory. In this case, the foreign company must declare and pay social security contributions in France.

3.Classification of Employment

There are several professional statuses in France:

? employee

? self-employed or freelance worker

? temporary workers

? civil servants working for a public body

According to French case law, employee status must be recognized when the following three elements are present: (1) a work performed, (2) in exchange of a remuneration, (3) carried out within a relationship of subordination (i.e. power to give instructions, to control their execution and to penalize the improper execution).

4.Foreign Workers

There are no restrictions for workers who are nationals of the European Union, the European Economic Area, or Switzerland. They benefit from the principle of free movement and are therefore allowed to work in France without any special authorization.

Nationals of third countries must have a work permit for each employment contract, subject to certain exceptions.

03 Recruitment and Employment Contracts

1.Background Examination

Employees have a fundamental right to privacy. Candidates are therefore not required to disclose the reason for leaving their previous job. However, as part of background checks, the company may request this information directly from the former employer with the candidate’s consent.

2.Contract Types

In France, there are many types of employment contracts, each tailored to specific situations and governed by specific rules. The main types of employment contracts are the following:

? permanent contract (CDI)

? fixed-term employment contract (CDD)

? apprenticeship contract

? open-ended employment contract for a specific project

? temporary employment contract (i.e., temporary agency work)

? wage portage

3.Probationary Period

The maximum legal length of the trial period depends on the job category:

? for employees or manual workers: 2 months maximum

? for supervisors or technicians: 3 months maximum

? for executives: 4 months maximum

The collective agreement applicable to the company may provide for a shorter trial period.

04 Working Standards

1.Remuneration

The salary cannot be less than the national minimum wage ("SMIC") set and reevaluated each year by decree, nor less than the minimum wage applicable to the sector of activity, which is set in the CBA and depends on the status and classification of the employee.

2.Statutory Benefits and Social Security

Salaries are subject to social security contributions, both employee (approximately 25%) and employer (approximately 45%). These contributions finance mainly social security, pension schemes, and unemployment insurance.

3.Working Hours

The legal working time for a full-time employee is set at 35 hours per week, or 151.67 hours per month i.e. 1,607 hours per year. Any hours worked in excess of these 35 hours per week constitute overtime, entitling the employee to increased pay and/or compensation in the form of time off. Part-time work is also permitted but is subject to very strict rules.

4.Rest and Leave

Every employee must be granted the following rest periods:

? 20 consecutive minutes of break time after 6 hours of work

? 11 consecutive hours per day

? 35 consecutive hours per week

05 Occupational Health and Special Protection

1.Occupational Health and Security

The company has a general obligation to ensure the safety and protect the physical and mental health of its employees.

To this end, the company must:

? assess and list the risks to workers' health and safety in each work unit in a "Single Document for the Assessment of Occupational Risks," which must be updated regularly;

? implement preventive measures (e.g., provision of personal protective equipment) and employee training.

2.Special Protection

Certain categories of employees benefit from special measures to protect their health and safety, including:

? night workers: enhanced medical monitoring;

? pregnant women, women who have recently given birth, or breastfeeding women: enhanced medical monitoring and adjustments to working hours as provided for in collective agreements. Additional rules protecting against termination of employment contracts apply;

? minors between the ages of 16 and 18: special medical monitoring by the occupational physician, adjustment of working hours; night work and certain types of work are prohibited;

? employees with disabilities: appropriate medical monitoring by the occupational physician, who may recommend adjustments to the workplace.

06 Personal Information and Privacy

1.General Rules

The applicable rules stem mainly from:

? For the protection of personal data, the European General Data Protection Regulation (GDPR);

? For the protection of privacy, the Convention for the Protection of Human Rights and Fundamental Freedoms (Article 8), Article 9 of the Civil Code, Article L. 1121-1 of the Labor Code, and the Criminal Code.

2.Transnational Transfer

Data transfers outside the EU and EEA are possible, provided that a sufficient and appropriate level of data protection is ensured. These transfers must be regulated using various legal tools (defined in Chapter V of the GDPR).

07 Anti-Discrimination and Anti-Harassment

1.General Rules

French law makes a legal distinction between psychological harassment and sexual harassment and provides for obligations and preventive measures.

The employer's duty of care is a fundamental principle of labor law in France. This obligation involves the implementation of concrete actions such as:

? training managers and employees in the detection and prevention of harassment;

? raining managers and employees in the detection and prevention of harassment;

? regular assessment of psychosocial risks within the company, etc.

2.Protective Characters

The Labor Code prohibits any discriminatory measure taken against an employee or job applicant based on personal circumstances, religious, medical, physical, or union-related reasons, or reasons related to political opinions. In particular, any dismissal based on discriminatory grounds is null and void.

08 Internal Policies

1.Applicability

The internal regulations must cover the following topics:

? health and safety rules;

? provisions relating to discipline (in particular the scale of penalties) and employees' defense;

? provisions relating to moral and sexual harassment and sexist behavior;

? provisions relating to whistleblowers’ protection mechanism.

2.Validity

The consent of employees is not required. However, to be enforceable against employees, the internal regulations must first be:

? submitted to the CSE for prior review and opinion: agreement of the CSE is not required, only its opinion (whether negative or positive);

? communicated to the labour inspector, who verifies the legality of its content;

? sent to the labour court within whose jurisdiction the company is located.

They must also be communicated to all employees, temporary workers and contractors. Same rules apply in case of amendment to the internal regulations.

3.Whistleblowing

Companies with at least 50 employees must establish an internal procedure for collecting and processing reports.

09 Transactions

1.Employment Relationship

After the merger, if unions request, the merged company must enter into negotiations with a view to substituting or adapting the entire collective status of the transferred employees. It is possible to anticipate this negotiation under some conditions.

2.Compensation

From a labour law perspective, employees are not entitled to compensation due to a merger or acquisition or a transfer of equity/assets. Contractual arrangements may provide otherwise.

10 Termination of Employment

1.Termination Grounds

Under French law, there are two options for an employer to terminate an employment agreement for personal reasons:

? dismissal

? or the amicable termination route

2.Termination Procedure

The dismissal process for personal reasons under the Labor Code is as follows:

? first step: sending an invitation to a pre-dismissal meeting；

? second step: pre-dismissal meeting;

? third step: sending the dismissal letter;

? last step: end of the contract after the notice period and delivery of the termination documents at the end of the contract.

3.Termination Protection

Beyond strikers who cannot be dismissed because of the use of their right to go on strike, certain employees benefit from protection against dismissal which:

? either limits the grounds for termination to serious misconduct or the impossibility of maintaining the contract (e.g., closure of the company)

? or requires prior authorization from the labour authority to notify the dismissal.

4.Severance and Compensation

An employee dismissed for incapacity following an occupational illness or accident at work is entitled to double the statutory severance pay.

Employees also have a right to a notice period (except in case of serious misconduct or gross misconduct). The duration provided by the Labor Code varies between 1 and 2 months but CBAs usually provide longer notice periods. The employer can exempt the employee from performing it, but the employee must then be paid as if they had worked.

5.Wrongful Termination

If the employee goes to court and if the dismissal is deemed by the judge to be without real and serious cause, the employee will receive damages for unfair dismissal, the amount of which depends mainly on their length of service (between 1 month and 20 months of average gross salary). The Company will also be ordered to reimburse the French unemployment administration for unemployment benefits received by the employee up to a limit of 6 months of benefits (approximately 4 months of average gross salary).

6.Mass Termination and Layoffs

A company may carry out redundancies on economic grounds, which must be justified by the elimination of a job, a job transformation, or the employee's refusal to accept a change in his employment contract for one of the following economic reasons:

? economic difficulties

? technological changes

? cessation of the company's activities

? a reorganization of the company necessary to safeguard its competitiveness

11 Confidentiality, Non-Compete, and Non-Solicitation

1.Confidentiality

In general, employees are bound by a duty of confidentiality that prohibits them from disclosing information that they have learned in the course of their duties and whose disclosure could harm the company.

2.Non-Compete and Non-Solicitation

The non-compete clause must be stipulated in the employment contract and only takes effect after the termination of the employment contract.

In the event of a breach of the non-compete clause, the employee shall forfeit the right to receive financial compensation and may be ordered to repay any sums already received in this regard. The employee may also be ordered by a court to compensate their former employer for any damages suffered as a result.

Like non-compete clauses, non-solicitation clauses only apply to the period after the termination of the employment contract.

12 Work Representation and Trade Unions

1.Work Representation

There are two categories of institutions to ensure employee representation within the company: the social and economic committee and union representation.

2.Trade Unions

The exercise of trade union rights is recognized by the Constitution and reiterated in the Labor Code. Trade unions are associations that defend the rights and interests of employees. Trade union rights are exercised at several levels.

13 Dispute Resolution

1.Procedures & Enforcement

The procedure before the Labor Tribunal, in principle, as follows:

? written referral with a summary of the grounds and a list of financial claims;

? first conciliation hearing at which the parties attempt to resolve the dispute amicably. If conciliation fails, the judges set a date for the hearing of arguments;

? second hearing at which the parties present their arguments and evidence in support of their claims (pleadings);

? new hearing during which the decision is announced.

2.Waiver & Enforcement

In the event of a dispute or a litigation between an employee and their employer, the parties may enter into a settlement agreement to settle the matter amicably out-of-court.

14 Others

1.Latest Development & Trends

A European directive on pay transparency was adopted on May 10, 2023, and must be transposed into French law before June 7, 2026. The main objective of this directive is to improve transparency in remuneration in order to reduce pay inequalities between women and men.

2.Cultural and Religious Considerations

Religious freedom is a fundamental right protected by the French Constitution and European law. Everyone is therefore free to believe or not to believe and to practice their faith freely.

However, the wearing of religious symbols may be restricted in the workplace. To be valid, a ban on wearing religious symbols must be justified by the nature of the company's business, be proportionate, and be provided for in the company's internal regulations.

* To avoid ambiguity, this article should not be regarded as legal advice.

Authors

Alexandra Stocki is the founder of AStocki Avocats. She has been practicing employment law for 25 years, in both advisory and litigation roles. Her experience within French and international structures has enabled her to develop global and complementary approaches in a wide range of business sectors. 

Orianne Viardot-Carnevilliers joined AStocki Avocats as a senior associate bringing with her more than 12 years of expertise exclusively dedicated to employment law. 

Mourad Ghassiri is an associate at AStocki Avocats. He has extensive litigation experience (both individual and collective) in employment law and gained experience in law firms at the Council of State and the Court of Cassation. 

Translator

Zhou Hao, Master of Laws, Associate at Anli Partners. Areas of expertise: Labor Law, Dispute Resolution, ESG Compliance.