Chapter VI: Criminal provisions.

Articles in this section · 9

Article L8256-2

French Labour CodeIn force

Updated 5 Nov 2023

Any person who, directly or through an intermediary, recruits, retains or employs for any period whatsoever a foreign national who does not hold a permit authorising him/her to work in France, in breach of the provisions of the first paragraph of article L. 8251-1, is punishable by five years' imprisonment and a fine of 15,000 euros.

Knowingly using, directly or indirectly, the services of an employer of a foreign national not authorised to work is punishable by the same penalties.

These penalties are increased to ten years' imprisonment and a fine of 100,000 euros when the offence is committed by an organised gang.

The first paragraph does not apply to an employer who, on the basis of a fraudulent document or one fraudulently presented by a foreign employee, without the intention of participating in the fraud and without knowledge of the fraud, has made the declaration to the social security bodies provided for in article L. 1221-10, the single declaration of employment and the verification with the territorially competent authorities of the document authorising the foreign employee to work in France.

The fine is applied as many times as there are foreign nationals concerned.

Mariela Petrova

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Common Questions

Working with a corporate lawyer in France — Q&A

Any time a strategic decision changes how the company is owned, governed or contractually bound — incorporation, fundraising, M&A, restructuring, shareholder agreements, or major commercial contracts. Earlier engagement always costs less than later remediation.

A notary (notaire) is a public officer who authenticates specific deeds (mainly real-estate transfers and certain family-law acts). A corporate lawyer (avocat) advises on strategy, negotiates and drafts company documents, and represents you in disputes. The two roles complement rather than overlap.

Yes — most of our clients are foreign suppliers, investors or holding entities. We bridge the gap between French law and your home jurisdiction's expectations and deliver everything bilingually.

The SAS (Société par Actions Simplifiée) is the default choice for most international structures: flexible governance, single shareholder allowed, no minimum capital, and works cleanly with foreign holding entities. We assess SARL, SA, SCI on the merits when the situation calls for it.

Yes — communications with a French avocat are protected by the secret professionnel (Article 66-5 of the Law of 31 December 1971). This protection is broader than the common-law attorney-client privilege and applies to written and oral exchanges.

We work on fixed fees for clearly scoped engagements (incorporation, contract drafting, audits) and on monthly retainers for ongoing advisory. Hourly billing is the exception, not the default. You always know the cost before work starts.

Typical timeline is 2–3 weeks from KYC kick-off to RCS registration, assuming standard documentation. Holding-company structures, foreign-shareholder identification or in-kind contributions can extend this — we flag the gating items at the first meeting.

Absolutely. We routinely coordinate with your in-house counsel, expert-comptable or notaire — pragmatic collaboration is the norm, not the exception. We send them everything they need to do their part without duplicating work.

Mariela Petrova

Mariela Petrova

Avocate au Barreau de Paris

Toque #C2396

15+ Years In Corporate Practice

English · French · Russian

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Communications protected by professional secrecy — secret professionnel de l'avocat, Article 66-5 of the Law of 31 December 1971.

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