Attestation Sur L'honneur Travailleurs Étrangers Template for France

An Attestation Sur L'honneur Travailleurs Étrangers is a sworn declaration that you, as an employer in France, must complete to formally attest that you have verified a foreign worker's legal right to work. This document demonstrates your compliance with French labour law requirements and protects you from potential legal penalties associated with illegal employment practices.

When do you need this document?

You need this attestation whenever you employ foreign workers who are not EU/EEA citizens or when requested by French labour authorities during inspections. The document is particularly crucial when hiring workers from outside the European Union, as it demonstrates your due diligence in verifying work authorization documents. Many employers also use this attestation proactively as part of their HR compliance procedures to maintain clear records of their verification processes. If you operate in sectors with high foreign worker employment rates, such as construction, hospitality, or agriculture, having these attestations readily available is essential for regulatory compliance.

Key legal considerations

Your attestation must include comprehensive details about both your company and the verification procedures you have followed. The document requires your complete identification as the declaring party, including your name, position, and company registration details (SIRET number). You must specify the foreign worker's details and confirm that you have verified their work authorization documents, including residence permits, work permits, or other qualifying documents. The sworn nature of this declaration means you face potential criminal liability under Article L8256-2 of the Code du travail if you provide false information. Your attestation also serves as evidence of good faith compliance should labour authorities investigate your employment practices.

Legal requirements in France

Under Code du travail Article L8251-1, you are strictly prohibited from employing foreign workers without valid work authorization, whether directly or indirectly. Article L8254-1 specifically requires you to verify that foreign employees possess proper documentation before beginning work. The 2011 Immigration Integration and Nationality Law significantly strengthened penalties for non-compliance, making proper documentation even more critical. French labour authorities can request your attestation during routine inspections, and failure to produce adequate documentation can result in substantial fines and criminal charges. The Décret n° 2007-801 establishes specific procedures for work authorization verification that your attestation must reflect. You must maintain these attestations as part of your employment records and ensure they accurately reflect your actual verification procedures to avoid allegations of fraudulent documentation.