09/11/2024
Question that inspired this post(posted on 09/11/2024):
Does anyone have information on how to obtain a certificate from France Travail?
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To hire a non-EU foreign worker in France, such as in your case where you're transitioning from an au pair visa to a work visa (CDI contract), the employer must follow a specific process to demonstrate that the candidate has unique qualifications or skills not available among French or EU job seekers. Here’s how the employer can proceed:
1. Labor Market Test (Test de Marché du Travail)
The employer must prove that no suitable candidate is available within France or the EU for the position. This involves:
Posting the job offer: The employer must post the job offer with Pôle Emploi (the French national employment agency) for at least 3 weeks. This is required to show that no suitable candidates from France or the EU applied for the job.
Providing proof of efforts: The employer must submit documentation showing that they have actively tried to recruit candidates from the local labour market but were unable to find anyone with the necessary qualifications.
2. Employment Contract and Job Offer Details
The employer needs to provide a detailed employment contract and job offer, which includes:
Job title, duties, and responsibilities.
Working hours, salary, and other employment conditions.
A clear justification for why the foreign worker is needed for this role (e.g., specialized skills, qualifications).
3. Work Permit Application
Once the labour market test is complete, the employer submits a request for a work permit on behalf of the employee to DREETS (Regional Directorate of Economy, Employment, Labor, and Solidarity). The application must include:
A copy of the employee’s passport and residence permit.
The employee’s CV or résumé.
Copies of any diplomas or certificates relevant to the position.
Proof of compliance with labour laws (e.g., minimum wage requirements).
Proof that no suitable candidates were found locally.
4. Missing Documents in Your Case
Based on the letter you received, here are some specific documents you need to provide:
Valid Residence Permit: You need to provide a valid residence permit (titre de séjour) or proof that you've applied for one.
Job Offer Details: Your employer must submit detailed information about your job offer (e.g., working hours, salary, responsibilities) and proof that it was posted online for at least 3 weeks.
Proof of No Suitable Candidates: Your employer needs to provide an official document from Pôle Emploi showing that no suitable candidates were found during the recruitment process.
5. Timeline
You have been given 14 days from receipt of this letter to provide these missing documents. If you fail to do so within this period, your application may be considered incomplete and could be closed.
6. Next Steps
To proceed:
Ensure your residence permit is valid or apply for an extension if necessary.
Work with your employer to gather all required documentation (job offer details, proof of labour market test).
Submit these documents to DREETS as soon as possible.
By following these steps, your employer can demonstrate that you possess unique qualifications not available in France or the EU, thereby supporting your work permit application successfully.
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