Expatriation : what will your employment contract be ?

1.6. Can I be hired by a French company to be immediately posted abroad?

In principle, a French company cannot hire an employee to be immediately posted abroad. The employee must have actually worked in France before the secondment so that a subordination link could actually be created with the employer, the applicant for secondment abroad.

However, exceptionally, bilateral conventions may provide for this option ; moreover, on 31 May 1996, the Administrative Commission on Migrant Workers issued a decision allowing, under certain conditions, the secondment of staff hired for secondment.

To be dependent on the social security system of his country of origin, the employee hired, in order to be immediately posted, must meet the following conditions :

• already be subject to the social legislation of the country of origin
• be employed by a company whose registered office or establishment is also located in that Member State
• maintain an organic relationship with the hiring company throughout the period of secondment.

In addition, the company that hires an employee to be immediately seconded must develop a substantial activity in the territory of the country of origin and must usually employ staff there.

2. Expatriate status

For longer missions abroad as an employee and long-term installations as a self-employed person, your status will be that of an expatriate. Like an employee under international employment contract, this status can cover 2 types of scheme :

• the expatriate contract under French law (whether or not linked to French social protection)
• or the so-called "local" contract governed by the social legislation of the host country.