Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Migration for Employment Convention (Revised), 1949 (No. 97) - France (Ratification: 1954)

Article 1 of the Convention. Information on national legislation. The Committee notes the legislative developments in the areas of immigration and emigration, including the adoption of Act No. 2018-778, of 10 September 2018, for well-managed immigration, an effective right of asylum and successful integration, as well as Order No. 2019-116, of 20 February 2019, transposing Directive (EU) 2018/957 of the European Parliament and of the Council of 28 June 2018, amending Directive 96/71/EC concerning the posting of workers in the framework of the provision of services. The Committee notes with interest that Order No. 2019-116 amends section L1262-4 of the Labour Code, which now provides that an employer temporarily posting an employee to the national territory shall guarantee him or her equal treatment with workers employed by companies in the same branch of activity in the national territory, with regard to, inter alia: working hours; compensatory rest; public holidays; paid annual leave; remuneration within the meaning of Article L.3221-3; payment of wages, including overtime pay; rules on occupational safety and health; age of admission to work; and reimbursement for accommodation.

Information on bilateral agreements. Further to its previous comment requesting the Government to provide information on this matter, the Committee notes the details included in the Government’s report regarding bilateral agreements on young professionals, “working holiday” agreements and the agreements for the focused management of migratory flows. The Committee also notes that the bilateral agreements on immigration and emigration concluded by the Government, along with detailed information in this regard, are available on the website of the Ministry of the Interior.

Articles 2 and 4. Free assistance services and measures to facilitate the migration process. Integration courses. In its previous comment, the Committee requested the Government to provide information on the sanctions or penalties imposed in cases of failure to comply with the obligation to participate in the integration courses provided for in the provisions of the “republican integration contract” (CIR). In this regard, the Committee notes the Government’s reiteration that: (i) the CIR considered to have been respected when the prescribed training has been followed assiduously and seriously and the foreign national has not shown any rejection of the essential values of French society and the Republic; and (ii) compliance with the CIR, along with the other requirements for a residence permit, means that a multi-year residence permit of two to four years can be issued after one year of legal residence.

Articles 2 and 7(2). Free nature of the services to assist migrant workers and operations carried out by public employment services. The Committee requested the Government to provide information on the use of the fees charged by the French Immigration and Integration Office (OFII) to men and women migrant workers for the issue or renewal of residence permits authorizing employment. The Committee notes the Government’s indication that these taxes serve to: (i) cover the cost of the procedures involved in the processing of files by the prefectures and the Regional Departments of Enterprise, Competition, Consumption, Labour and Employment (DIRECCTEs); (ii) cover costs related to producing the residence permit; (iii) contribute to the OFII budget to carry out integration programmes (including civic training, modules on procedures for accessing employment and language training), and medical examinations; and (iv) finance OFII’s operations in the field of family reunification (including the verification of supporting documents, integration programmes, medical supervision, and the provision of health advice and information). In the light of this information, the Committee notes that some of the activities listed by the Government correspond to operations carried out by public employment services covered by Article 7(2) (such as the activities of the DIRECCTEs); while others constitute action for the dissemination of information to migrant workers, covered by Article 2 of the Convention (such as the information provided through integration courses, as well as the medical and health advice provided). In the light of these considerations, the Committee requests the Government to take measures to ensure that men and women migrant workers do not bear the cost of the activities covered by Articles 2 and 7(2) of the Convention.

Article 3. Measures against misleading propaganda. In its previous comment, the Committee requested the Government to provide information on the steps taken to combat misleading propaganda and the stigmatization and stereotyping of migrant workers. In its report, the Government indicates the steps taken to combat the communication of misinformation to migrant workers. Specifically, the Government refers to the dissemination of information on the websites of the Ministry of the Interior, the Ministry of Labour and the Ministry for Europe and Foreign Affairs, as well as through consular offices and representatives of the French Immigration and Integration Office (OFII) abroad. The Government also indicates that the conclusion of bilateral agreements with countries of origin facilitates the exchange and collection of information on immigration and emigration and helps to combat misleading propaganda. Regarding the steps taken to combat stigmatization and stereotyping, the Committee notes the National Plan to Combat Racism and Antisemitism (2018– 2020), one of the objectives of which is to combat racist and anti-Semitic prejudices and stereotypes, including in the world of work. The Committee also notes the conclusions of the European Commission against Racism and Intolerance (CRI(2019)3, published on 5 March 2019) indicating that the Government has revised its school curricula with a view to a better understanding of the implications of immigration and to combat the prevalence of racial stereotypes and biases. Noting this information, the Committee refers in this regard to its detailed comments on combating discrimination on the grounds of race, colour and national extraction, under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111).

Article 6(1)(a)(i). Equality of treatment. Working conditions. The Committee requested the Government to provide information on the application of the principle of equality of treatment between migrant workers and national workers with regard to working conditions. The Committee notes the Government’s indication that this principle is enshrined in the Labour Code and incorporated into collective agreements.

Article 6(1)(a)(iii). Equality of treatment. Accommodation. The Committee requested the Government to provide information on the application in practice of the principle of equality of treatment between migrant workers and national workers with regard to accommodation. The Committee notes the information provided by the Government regarding the conditions of access to housing in place, and the indication that these are based on social criteria that are applied equally to nationals and foreign nationals in a regular situation.