Hiring employees in France can be complex due to strict labor laws and employer obligations.

France tightly regulates the Employer of Record industry. That is why, in France, we offer a different model called 'Portage Salarial'. Under this model, employees enter into an employment contract with Omnipresent, which acts as an umbrella company on behalf of the client. The employee then renders services on behalf of the client (an “assignment”) as a consultant.

The maximum duration of an assignment to one specific client within the portage salarial framework is 36 months when entering into an indefinite contract. For the fixed term contract, this maximum duration is 18 months.

Omnipresent’s Employer of Record (EOR) service ensures compliance with payroll, benefits, and HR regulations for a seamless hiring experience.

There are restrictions as to which type of employees can be hired under the Portage salarial model. In summary, this can only be employees who have a certain level of qualification, autonomy and expertise. It is also relevant to note that regulated professions are excluded from the Portage salarial model, such as roles related to the fields of medicine, justice, accountancy and financial advice. Also, roles related to personal services (childcare, assistance for elderly or disabled and other personal home help) are excluded. Omnipresent requires a written employment contract to outline the Portage Salarial terms and provide clarity for both employers and employees. Omnipresent ensures that all necessary key terms are included in the employment contracts we provide.

The Statutory work schedule in France consists of 7 hours per day and 35 hours per week, with the work week running from Monday to Friday.

This can be extended with consent, but employees should not work more than an average of 44 hours per week during any 12 consecutive weeks, 48 hours during any given week, and 10 hours per day. Time tracking is legally required in France.

Time tracking is legally required in France.

In France, we offer a Forfait jour system for Executive employees who work over 35 hours per week. Under this system employees are required to work a set number of days per year (218 days), freeing them from the constraints of a traditional 35-hour work week. In return, they are entitled to approximately 10 days off (RTT) per year as a form of compensation, allowing us to avoid paying overtime.

During the probation period, employers evaluate an employee's suitability for the role they have been hired for. It gives the employer an opportunity to assess their performance and determine if they are a good fit for the company. We believe that this process benefits both the employer and the employee. Here are some key points to know about the probation period:

During the probationary period, either party has the option to end the employment agreement by giving proper notice or providing monetary compensation.

Please note that per our Omnipresent policy, we do not remove the probation period, unless under strict circumstances.

We provide optional clauses for customisation when adding an employee to our platform. This allows you to tailor certain contract aspects such as probation period, additional vacation days. However, certain contract elements cannot be customised due to compliance risks or Omnipresent's policy. Examples include overtime, restrictive covenants, and stylistic changes.

You can refer to our guide here.

The onboarding process in France typically takes around 15 calendar days, including:

This timeline does not include exceptions such as visa.
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All employees in France must attend a medical visit within 3 months of onboarding. This is to ensure that employees can perform their role and informs them of workplace risks. Employees are required to attend a follow-up visit within 5 years of their initial visit.

Employers must verify work authorization before employment begins. We will carry out right to work (RTW) checks on all prospective employees before they are employed.

Transfers are highly restricted and must be reviewed on a case-by-case basis.

France offers a minimum of 25 working days of paid annual leave, exclusive of public holidays. Under French law, the employee is entitled to regular remuneration during the annual leave or to 10% of the gross remuneration during the holiday year, whichever is higher.

Annual leave does not carry over into the following year. There are no statutory carryover days for annual leave, unless employees are on sick leave then they are entitled to carry them over.

Employees who work more than 35 hours a week are entitled to about 10 rest days per full year, in addition to statutory holiday entitlement. RTT are accrued on monthly basis.

Maternity leave in France is largely covered by Social Security:

Fathers in France are provided with 25 calendar days of paternity leave (32 days for multiple births or adoptions), along with an additional 3 days of birth leave.

While it is not obligatory to take the full 25 days, a mandatory 7-day leave period is required. Paternity leave must be taken within 6 months following the birth or adoption of the child.

In France, sick leave is largely covered by Social Security. It is contingent upon the presentation of a medical certificate exempting the employee from work within the first 48 hours.

To be eligible to receive compensation, employees must have worked at least 150 hours during the three calendar months prior to the sick leave.

*Omnipresent supports both 6th and 15th cut-off dates in this country depending on our local partner. While we prioritise local partners with a later cut-off date, local partners with an earlier cut-off date might be chosen because of visa sponsorship ability and other factors. If you would like to switch to a local partner with a later cut-off date, feel free to reach out to your Customer Success Manager or our Support team at help@omnipresent.com.

The Portage salarial collective bargain agreement provides:

There are no mandatory bonuses or 13th-month salary.

Please note that Omnipresent is unable to employ hourly workers.

Under the remote working regulations, employers are obligated to reimburse expenses related to remote work, including electricity, internet, and other relevant costs; this is the Remote Work Allowance (RWA).

For Omnipresent, the minimum RWA is 59,40 EUR per month. This allowance is in addition to the employee’s regular salary.

The employer costs depend on a variety of employee variables. A guiding number is between 40 - 45% of the employee salary. To get a more detailed estimate based on the employee salary use the OmniCalculator.

The employee must be provided with the necessary equipment to effectively carry out their work. Please note that any ergonomic items needed by the employee should be provided upon their request to ensure optimal working conditions.

Before proceeding with a termination (including verbal discussion with the employee about the risk of termination) you must first get in touch with Omnipresent. We will then provide guidance on next steps. You can read our full guidance here.

To initiate a termination, you need to submit a termination request through the OmniPlatform after which our relevant teams will assess the case and plan a compliant termination process. We cannot process termination on the same day as requested.

It is very difficult to legally terminate an employee post-probation in France. Our standard approach is to propose a Mutual Termination Agreement before considering any alternative termination methods for any reason.

In France, the employer needs legal grounds to terminate an employee’s contract.

A dismissal must be based on a ‘real and serious’ cause:

A fixed-term contract cannot be terminated during its term.

Notice periods (outside of probation period) can range from 1 to 3 months depending on the length of employment:

During the probation period, the notice period is:

Severance pay is due if the employee has at least 8 months of service.

The Minimum statutory severance is :

In case of an involuntary termination (dismissal for real and serious cause, or for economic grounds), the employee is entitled to notice pay, severance pay, and compensation for untaken paid leaves.

In case of involuntary termination due to gross or intentional misconduct, the employee is only eligible for compensation of untaken paid leaves. No severance pay is due.

No severance is required if the employee is terminated during their probationary period; only compensation for untaken paid leaves is due.

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