Lettre de Demande d'Autorisation de Travail Template for France

When you need to hire a foreign worker in France, you must obtain official authorization from the regional DIRECCTE office through a formal Lettre de Demande d'Autorisation de Travail. This legal requirement ensures compliance with French labor laws and protects both your business and the prospective employee's rights.

When do you need this document?

You need this authorization letter when hiring any foreign worker who requires a work permit to be employed in France. This includes situations where you want to hire a skilled professional from outside the EU, recruit a temporary worker for a specific project, or employ someone whose current residence status doesn't automatically grant work rights. The letter is also required when extending employment for foreign workers whose current authorization is expiring, or when changing the terms of employment for workers already holding permits.

Key legal considerations

Your authorization request must demonstrate a genuine labor market need that cannot be filled by available French or EU workers. You'll need to provide detailed justification for why the foreign candidate's specific skills, qualifications, or experience are essential for the position. The letter must include comprehensive information about the proposed employment terms, including salary, working conditions, and job responsibilities, ensuring they meet or exceed French labor standards. You must also commit to providing appropriate housing assistance if required and demonstrate your company's financial capacity to support the employment. Additionally, you need to show compliance with collective bargaining agreements and provide evidence of any required professional qualifications or certifications.

Legal requirements in France

Under Articles L5221-1 to L5221-11 of the Code du travail, your request must be submitted to the competent DIRECCTE office in the region where the work will be performed. The Décret n°2021-360 specifies the exact documentation required, including proof of unsuccessful recruitment efforts, detailed job descriptions, and financial guarantees. You must provide evidence of advertising the position through Pôle emploi for at least three weeks and demonstrate that no suitable French or EU candidates applied. The Arrêté du 1er avril 2021 establishes specific criteria for evaluation, including labor market conditions, salary levels compared to equivalent positions, and the employer's compliance history. Processing typically takes two to four months, during which DIRECCTE may request additional documentation or conduct workplace inspections to verify the information provided in your letter.