Cafes, hotels, restaurants, and nightclubs must submit a Single Hiring Declaration (DUE) no earlier than 8 days before hiring and no later than the day of hiring. Failure to do so may result in criminal penalties (ranging from fines to imprisonment, possibly with a ban on practicing the profession as an additional penalty). In addition, labor court sanctions may be imposed, as well as sanctions from the URSSAF (French social security agency).
It is important to remember that nationals of non-EU countries (e.g., Egyptians) who hold a residence and work permit as an employee of an EU member state (e.g., Italy) do not automatically have a work permit in France. They must therefore obtain authorization to work in France from the French labor authorities (Direccte).
The café, hotel, or restaurant must verify with the Prefecture that the permit authorizing the foreign worker to work in France exists, that it is in their name, and that its validity period has not expired for the employment period. If the permit is not available, the café, hotel, or restaurant must apply for authorization from the relevant authorities, otherwise it risks the penalties mentioned above for illegal employment.
Certain very limited exceptions exist (employees posted to France under certain conditions, working for a European service provider, or employees wishing to work for less than three months in certain sectors such as cultural or artistic events, the production or distribution of live performances, and sound recording as artists or technical staff). The Regional Directorate for Labor, Employment and Vocational Training (Direccte) has two months to respond; if it does not respond, the application is considered refused. Employing the worker during this period is not permitted and is subject to the same penalties.
The Petroussenko Law Firm advises and assists you in order to avoid these sanctions; and defends you in proceedings brought against you.