Solicitud directa (CEACR) - Adopción: 2015, Publicación: 105ª reunión CIT (2016)

Convenio sobre los trabajadores migrantes (revisado), 1949 (núm. 97) - Francia (Ratificación : 1954)

Article 1 of the Convention. Information on national policies, laws and regulations and bilateral agreements. The Committee notes Bill No. INTX1412529L to issue various provisions on the management of immigration, amending the Code on the Entry and Residence of Foreign Nationals in France and the Right to Asylum (CESEDA), and which was amended at its first reading by the National Assembly on 23 July 2015, and by the Senate at its first reading on 13 October 2015. The Committee also notes Act No. 2015-925 of 29 July 2015 on the reform of the right to asylum, and the Government’s indication that agreements have been concluded with Argentina and Hong Kong Special Administrative Region, China, on the exchange of young workers in the context of “work–holiday” programmes. The Committee requests the Government to continue providing information on any changes to the legislation and policies on migration for employment, and to provide a copy of any court decisions on the situation of migrant workers. It also requests the Government to provide information on the impact of bilateral agreements on the situation of migrant workers in France, including any obstacles encountered in their implementation.

Articles 2 and 4. Integration courses. The Committee previously noted that third-country nationals arriving on a long-term visa for “employees” and those entering France for reasons of family reunification are required to sign the reception and integration contract (CAI), which continues to be the basis of the reception and integration policy in the country. Under section 311-9 of the CESEDA, certain categories of highly qualified migrant workers are exempt from signing the CAI, for example, foreign nationals with a residency permit for “employees on assignment”, “European Blue Cards” or “skills and talent”. The Committee notes that, under Bill No. INTX1412529L, several other categories are exempt from signing the CAI, such as, workers with a residence permit for “temporary workers”, “seasonal workers” and “intra-company transferees”. The CAI is administered by the French Immigration and Integration Office (OFII) and, in 2013, the number of signatories was 108,969, of whom 53.3 per cent were women. The Committee noted that civic integration courses and the evaluation by the OFII of vocational skills are mandatory for all signatories of the CAI, and it notes that an agreement was signed on 28 May 2010 with the national employment agency (Pôle emploi) for the establishment of individualized follow-up for foreign jobseekers. The Committee had noted that, in accordance with section 8 of the Immigration, Integration and Nationality Act amending section 311-9 of the CESEDA, the seriousness of the interest shown by foreign nationals when applying for the CAI may be taken into account for the renewal of residence permits. Considering the importance accorded to integration courses in the immigration and integration policy, the Committee requests the Government to provide information, disaggregated by sex and origin, on the number of migrants from third countries with long-term visas for “employees” and the members of their families who have been required to attend these courses, indicating any sanctions or penalties imposed in cases of failure to comply with this obligation, including information on the renewal of residence permits. The Committee requests the Government to provide information on the exceptions tolerated with regard to failure to participate in the training courses offered by the OFII. It also requests the Government to provide information on legislative developments, particularly the bill issuing various provisions on the management of immigration.

Article 6(1)(a)(iii). Accommodation. The Committee previously noted the decision of the Council of State of 11 April 2012 (Conseil d’Etat: Assemblée, 11 April 2012, Gisti et FAPIL, No. 322326) repealing the requirement for certain categories of foreign nationals to have resided for an uninterrupted period of two years in France in order to benefit from the enforceable right to decent housing. The Committee notes the Government’s indication that there is no specific policy on accommodation for migrant workers, but that there is a general policy on the right to housing, which includes, for example, the enforceable right to housing. Recalling the housing problems experienced by the immigrant population which were noted previously by the Committee, it requests the Government to provide detailed information on the various measures taken or envisaged to ensure that, in practice, migrant workers are not treated less favourably than nationals in terms of access to housing. The Committee also requests the Government to provide information on any measures taken to overcome the difficulties experienced by migrant workers in proving discrimination with respect to housing, and on the results achieved.

Article 7(2). Free services. The Committee recalls the Government’s previous indication that the administrative costs relating to the recruitment, introduction and placement of foreign workers and the costs of medical examinations are charged to the employer, and that the only costs charged to migrant workers are the fees due to OFII for issuing or renewing their residence permit authorizing employment. The Committee previously noted the fees payable to the OFII by migrant workers, and Circular No. NOR INTV1243671 of 31 December 2012 amending Circular No. NOR IOCL1201043C of 12 January 2012, fixing the fees payable by the employer for the recruitment of a foreign worker, and by the foreign worker for the issue or renewal of the residence permit authorizing employment. The Committee notes that the fees payable to the OFII by foreign nationals for residence permits for “scientists”, “employees”, “employees on assignment”, “European Blue Cards” and “skills and talent” amount to €260 for the first residence permit. For the renewal of a permit, the fees payable to the OFII amount to €106 for foreign nationals with a residence card for “scientists” or a “European Blue Card” valid for one year, and for foreign nationals with a residence permit for “employees”. However, the renewal fees payable to the OFII amount to €200 for foreign nationals with a residence permit for “scientists” or a “European Blue Card” valid for over one year and for foreign nationals with a residence permit for “employees on assignment” and “skills and talent”. For foreign nationals with a residence permit for “temporary workers” or “seasonal workers”, the fees are €19 for the first permit, while for the renewal of a permit the fees are €19 for a residence permit for “seasonal workers”, but €106 for a permit for “temporary workers”. The Committee requests the Government to specify the reason and purpose of the fees payable by migrant workers for the issue and/or renewal of a residence permit, in addition to the costs charged to employers, and whether these fees cover the services provided by the OFII, so that it can determine whether the purely administrative fees associated with services for the recruitment, introduction and placement of migrant workers by public employment agencies are not borne by migrant workers.