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Legal Steps for Foreigners in Paris: Addressing Employer Issues and Improving Work Conditions

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  • 12 juil. 2024
  • 4 min de lecture

Dernière mise à jour : 23 oct. 2024


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Question that inspired this post:


Urgent Advice Needed: Issues with Employer in Paris

Hi Community,

I need advice on a difficult situation with my employer in Paris. I prefer to stay anonymous for now.

Background:

I moved from Spain to Paris in mid-April for a bartending manager role in an upscale restaurant in the 9th arrondissement. My employer promised a salary of 2,000 euros for 45 hours/week plus extra overtime pay. He also assured me of an apartment.

Problems:

1. Accommodation Issues:

   - Paid for my own Airbnb (580 euros for the first week, then 900 euros for three weeks).

   - Shared a small studio with three others, sleeping on the floor for 15 days, since that’s what he could offer and I couldn’t afford more Airbnbs.

   - Finally received an unfurnished apartment on June 1st.

   - Didn’t receive any funds till June 13th, when he partially paid what he owed me from the first 300 hours. I’m still missing payment for more than 180 hours.

2. Unpaid Wages:

   - Started working April 27th, have worked 306 hours in May and 11 days in June.

   - Haven't been paid fully yet; employer claims the apartment rent and deposit were an advance, but it's part of my earned salary.

   - Extra hours supposedly paid at 10 euros/hour, contrary to the original agreement.

   - He promised a raise for my specialty as a barmaid and coffee barista, but after I worked so many hours, he now says I earn as much as the chefs and he can't pay me more because he is insolvent.

   - He has paid almost the full amount of the first 300 hours at 10 euros/hour. For the missing 180 hours, he says I need to remove him as guarantor on the apartment if I want to get paid.

3. Work Conditions:

   - Long hours (8 AM-3 PM, 7 PM-1/2 AM) with only one day off/week.

   - Dire living conditions, no proper place to sleep, lack of basic amenities.

Additional Concerns:

- I only worked these hours because I quit my previous managing role as the employer assured me we were opening soon. I was on hold for 1.5 months without income, and without him taking responsibility, just saying that delays happen.

- My partner, who handled the restaurant's media, withheld the Instagram account after also not being paid for 40 days. He is now being threatened by the employer.

- Head chefs are being paid 8 euros/hour for extra hours, working from 8 AM-3 PM and 5 PM-midnight.

Seeking Advice:

- How can I address this legally in France?

- Steps to claim unpaid wages and ensure better work/living conditions?

- Any local organizations or authorities that can help?

Thank you for your assistance.


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Here are some steps and resources that can help you address these issues legally and ensure better work and living conditions:

Steps to Take

1. Document Everything

  • Keep Records: Maintain detailed records of all communications with your employer, including emails, messages, and any written agreements.

  • Track Hours Worked: Document the hours you have worked, including dates and times.

  • Financial Records: Keep copies of your bank statements, receipts for accommodation, and any partial payments received.

2. Legal Advice and Support

  • Consult a Lawyer: Seek legal advice from a lawyer specializing in French labour law. Firms like LABORDE LAW and Littler France can provide expert guidance on employment disputes.

  • Employment Law Resources: Websites like Jus Mundi and Cohen & Gresser offer resources and contacts for employment law issues in France.

3. Mediation and Arbitration

  • Centre de Médiation et d'Arbitrage de Paris (CMAP): Consider mediation or arbitration to resolve disputes quickly and amicably. CMAP offers services to help resolve employment disputes.

  • Delos Dispute Resolution: Another option for mediation and arbitration services in Paris.

4. Report to Authorities

  • Labour Inspectorate: Report your situation to the local labour inspectorate (Inspection du Travail). They can investigate and take action against employers who violate labour laws.

  • Ministère du Travail: The French Ministry of Labor provides information on workers' rights and can offer assistance.

5. Union Support

  • Confédération Générale du Travail (CGT): Join a union like CGT, which can provide support, advice, and representation in disputes with your employer.

6. Legal Action

  • File a Complaint: If your employer continues to withhold wages, you can file a complaint with the Prud'hommes (labour court). They can order your employer to pay the owed wages and may impose penalties for non-compliance.

Local Organizations for Support

  • Delos Dispute Resolution: 92 Rue Réaumur, 75002 Paris, France

  • Centre de Médiation et d'Arbitrage de Paris (CMAP): 39 Av. Franklin Delano Roosevelt, 75008 Paris, France

  • Confédération Générale du Travail (CGT): Various locations, affiliated with the European Trade Union Confederation

Additional Considerations

  • Accommodation Issues: If your employer promised accommodation as part of your contract, they are obligated to fulfil this promise. Document any agreements and report breaches to the labour inspectorate.

  • Threats and Intimidation: If you or your partner are being threatened, consider reporting this to the police. Threats and intimidation are serious offences.

Important websites

Contact the Labor Inspectorate (Inspection du Travail):

File a complaint with the Labor Council (Conseil de Prud'hommes):

Get information and support from trade unions:

Seek free legal advice:

Report discrimination:

For urgent situations or serious violations:


By taking these steps and utilizing the available resources, you can better address the issues with your employer and seek the compensation and working conditions you deserve.


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