The rights of illegal workers in France

Despite carrying out illegal activity, these workers are protected by French law.

In order to work in France, the law requires obtaining a residence permit or “titre de séjour” (for more information on “titre de séjour” click here). However, there are many cases of foreigners who work here without a residence permit or using fake documents (if you’re an illegal immigrant and want to know more about how to become legal in France, click here).

Despite carrying out illegal activity, these workers are protected by French law. So, if you are working in an irregular situation, you (or your lawyer) can plead to the “Conseil de Prud’hommes” to enforce your rights, without risking being deported from France. Learn your rights below.

The same employee can be considered irregular (declared, usually under false documents) and/or dissimulated (undeclared or partially declared), this will reflect on the amount of fixed compensation[3]. The existence of an employment contract between the parties is not required (other evidence can be used). Furthermore, the employer will not be able to claim that the employee works irregularly or presented false documents in order to not comply with labor rights since he has an obligation to verify that the documents presented at the time of hiring are legitimate.

The worker may also have other rights to be paid, depending on the type of termination.

If you have been fired and suspect that not all of your rights have been paid, consult an attorney and enforce your rights.