HOW TO WORK FROM FRANCE FOR A FOREIGN COMPANY ?

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HOW TO WORK FROM FRANCE FOR A FOREIGN COMPANY ? 🚀
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The process of recruiting beyond the national territory, allows to acquire new talents without forcing people to leave their country to practice their job.
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Let's take an example:
Ms. X is French and lives in Bordeaux. She was recently offered a position in a German communications agency based in Berlin. She also tells us that this company does not have an office in France. Ms. X is very interested in this offer, especially since she would be telecommuting from France full time. But before going any further, she and her future employer would like to know all the steps to be taken so that the hiring goes smoothly. A foreign company that employs staff in France must fulfill the obligations related to the declarations and payments of employer and employee contributions due for this employment. A company whose head office is abroad and which does not have a permanent establishment in France can employ salaried staff even if it does not have an office in France.
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FOLLOW THE STEPS TO WORK SAFELY FROM FRANCE FOR
YOUR FOREIGN EMPLOYERS ⏰
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In our case, the communication agency based in Germany will have to take the following steps
- Registration and declaration of the foreign company employing staff in France: Allocation of a SIRET number.
The company must register with the CNFE (service for foreign companies), by filling out the E0 form for the attribution of a SIRET number by the INSEE and the affiliation to social organizations (URSAFF and Humanis Retraite et Prévoyance).
First, the German company will have to make a declaration prior to hiring. This is a systematic and nominative declaration procedure for each employee that the employer plans to hire, which must be made to URSAFF, regardless of the duration and nature of the employment contract. The German company will then have to provide the employee with pay slips and an employment contract and pay the employee and employer contributions for Ms. X's employment.
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Thanks to the withholding tax, the employer will collect the income tax on behalf of the tax authorities. In addition, the tax rate applicable to each employee is communicated to the employer by the tax authorities through the DSN (déclaration sociale nominative). Finally, in order for the withholding tax to be effective, you must have a bank account in the SEPA zone: don't forget to open one.
Subsequently, Ms. X was also approached by a Canadian company based in Montreal for a similar position. As in the first case, this company does not have a permanent establishment in France. Ms. X hesitated because the offer was also very interesting, but she wondered if there would be additional administrative constraints:
Canada is a country outside the EU zone. The law provides that for foreign companies based in a country outside the European Union (+ United Kingdom, Norway, Iceland, Switzerland), outside the SEPA payment zone, it will also be necessary to have a fiscal representation company to ensure the payment of social security contributions and income tax (withholding tax).
As for the German company, the Canadian company will have to carry out the same administrative procedures but will also have to call upon a fiscal representation company for the payment of social security contributions and income tax.