France | Immigration & Employment Law | Minimum wage increase


October 16, 2024

Immigration & Employment Law

France | Minimum wage increase

Summary

In France, the minimum wage (SMIC) is usually raised in January. This year, French Prime Minister Michel Barnier has announced a 2% increase in the SMIC starting from November 1st, 2024.

This increase will not only have consequences on threshold of accessibility to various French immigration statuses, but also for EEA and Swiss nationals working in France.

The detail

According to the Prime Minister’s announcement, the SMIC will be increased by 2 % on November 1st. The gross hourly minimum wage will thus be increased to EUR 11.88, i.e. EUR 1,801.80 per month (based on a weekly working time of 35 hours) or EUR 21,621.60 per year. These figures must still be confirmed by publication in the Official Journal.

This results in an increase in the remuneration threshold to access immigration statuses that require the payment of remuneration at least equivalent to the SMIC or a multiple of it. Below is an overview of the different salary thresholds that should apply from November 1st:

Immigration StatusMonthly salary threshold (EUR)
Salarié

(change of status with no market test threshold)

2,702.70
Talent – salarié qualifié3,603.60
Talent – salarié en mission3,243.24
Talent – mandataire social5,405.40

Beyond immigration consequences, the increase in the minimum wage requires ensuring that each employee working in France, whether third country national or not, has remuneration at least equal to the “new” SMIC (or higher based on the applicable collective bargaining agreement).

What this means

The new minimum wage threshold will apply to immigration applications that have to be submitted from November 1st or, for employees who are not subject to an immigration procedure, to any activity carried out in France from this date. This means that failure to meet this condition in applications submitted before the announcement of the new rate and still being processed, may result in a negative decision or a request for an increase in remuneration. Verification that the new salary thresholds are met shall occur during the renewal process or through random checks performed by the authorities. Yet the increase of the remuneration shall be put in place from November 1st.

Ensuring that the minimum wage is respected weighs not only on French employers but also on foreign employers (i) who employ employees in France or (ii) who temporarily post them there.

How we can help

We can provide comprehensive assistance in the processes of ensuring that the French minimum wage be respected whether or not within the framework of an immigration procedure.

Contact us

For a deeper discussion on the above, please reach out to your Vialto Partners point of contact, or alternatively:

Arzhvaël Le Fur
Partner

Florence Bequet-Abdou
Director

Violaine Jaussaud
Senior Manager

Further information on Vialto Partners can be found here: www.vialtopartners.com

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