# Hiring in France

Review edition — pending Theo Smith approval.

## Can this worker be employed through an EOR?

Portage salarial requires a worker with expertise, qualifications and autonomy to find clients. A client assignment is limited to 36 months, and this route is not a blanket solution for any role.

Applies to: French portage salarial; other employment structures require separate analysis

Still to establish: Worker autonomy and qualification, permitted client need, entity compliance and contract form

- Worker autonomy and qualification, permitted client need, entity compliance and contract form

Next step: Confirm Worker autonomy and qualification, permitted client need, entity compliance and contract form.

- [French Service Public](https://entreprendre.service-public.gouv.fr/vosdroits/F31620)

Checked 2026-09-28. Research status: partial.

## Who has the right to work?

EU nationals generally do not need a work permit to work in another EU country. Residence registration and recognition of regulated professional qualifications are separate checks.

Applies to: EU citizens exercising intra-EU free movement; not a non-EU sponsorship rule

Still to establish: Nationality, residence registration, regulated profession and any non-EU permit route

- Nationality, residence registration, regulated profession and any non-EU permit route

Next step: Confirm Nationality, residence registration, regulated profession and any non-EU permit route.

- [European Union Your Europe](https://europa.eu/youreurope/citizens/work/work-abroad/work-permits/indexamp_en.htm)

Checked 2026-09-28. Research status: partial.

## What should a buyer verify about the legal employer?

Portage salarial requires a worker with expertise, qualifications and autonomy to find clients. A client assignment is limited to 36 months, and this route is not a blanket solution for any role.

Applies to: French portage salarial; other employment structures require separate analysis

Still to establish: Worker autonomy and qualification, permitted client need, entity compliance and contract form

- Worker autonomy and qualification, permitted client need, entity compliance and contract form

Next step: Confirm Worker autonomy and qualification, permitted client need, entity compliance and contract form.

- [French Service Public](https://entreprendre.service-public.gouv.fr/vosdroits/F31620)

Checked 2026-09-28. Research status: partial.

## How do we switch EORs or move to our own entity?

Directive 2001/23 protects employment rights on qualifying transfers of economic entities retaining their identity. Existing employment rights and obligations pass to the transferee under the directive’s framework.

Applies to: EU framework only; national implementation and transaction classification have not been determined. A supplier switch alone does not establish a qualifying transfer.

Still to establish: National implementing law, economic-entity test, affected staff, consultation, pension exceptions and insolvency provisions

- Classify the transaction under current local transfer/succession law.
- Determine consent, consultation, service, leave and historic-liability treatment.
- Confirm permits, payroll handover, provider termination and deposit recovery from actual documents.
- National implementing law, economic-entity test, affected staff, consultation, pension exceptions and insolvency provisions



- [eur-lex.europa.eu](https://eur-lex.europa.eu/eli/dir/2001/23/2015-10-09/eng/pdf)

Checked 2026-09-28. Research status: partial.

## Can we use French portage salarial for a closely supervised junior role?

Applies to: French portage salarial; other employment routes need separate analysis

Do not approve portage solely because a provider lists France. Test the worker’s actual qualifications and autonomy, including the ability to find clients, against the specific portage requirements.

Supported rule: France’s official guidance requires expertise, qualifications and autonomy for portage salarial. The route has specific client-use conditions and a 36-month limit for a client service.

- Worker qualifications and autonomy
- Permitted client need and assignment duration
- Actual employer and contractual structure

Illustrative example: A junior worker with a manager assigning every task and no client-acquisition autonomy should not be accepted under this route merely because the job is remote. The provider must establish a qualifying structure.

- [France Service Public: portage salarial](https://entreprendre.service-public.gouv.fr/vosdroits/F31620)

## Is a French portage employee automatically paid between client assignments?

Applies to: French portage salarial; reserve and contract rules are distinct from general EOR arrangements

Do not promise ordinary salary continuity between assignments. Examine the employment terms and activity account, including any financial reserve or more favourable arrangement.

Supported rule: France’s official portage guidance says periods without a client service are not remunerated and separately describes the financial reserve for periods between assignments.

- Contract type and applicable collective provisions
- Activity-account balance and reserve treatment
- Alternative work, benefits and any exit process

Illustrative example: The client project ends on Friday and the next project is unconfirmed. Do not describe the intervening period as ordinary paid bench time without evidence of the applicable payment arrangement.

- [France Service Public: portage salarial](https://entreprendre.service-public.gouv.fr/vosdroits/F31620)
