Problems relating to Trade and Investment on France
16. Employment |
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Issue |
Issue details |
Requests |
Reference |
| (1) Difficulty in Acquisition of Work Visa, etc. | - It takes time and trouble for acquisition of work/stay visa for expatriates and their accompanying family members, while expedited despatch of expatriates is indispensable for smooth and efficient business operation for an international enterprise. - Due to the inadequate appreciation of the governing laws concerning acquisition of Expatriates' Visa on the part of the Immigration Bureau and its related Organisations, they give incorrect advice from time to time. As a result, they require the applicant to take French Lessons. The only one-year validity remains the same on the Visa Renewal for the Accompanying Family Members. - Renewal of visa validity remains only for one year for the accompanying family members. - In general, visa acquisition procedures are severe, time consuming and complex. - A member firm filed application for short-term work visa for despatch of a service engineer from Japan to provide maintenance and repair service on industrial equipment sold to a Japanese affiliated manufacturer in France. In last year, it took 3-months for APT (Autorisation Provisoire de Travail=Provisional Work Authorisation), which used to be available in 2-3 weeks. In addition, required documents differ by local DIRECCTE (Labour Bureau), and the method of filing documents vary from one DIRECCTE to another without harmonisation, so is the delivery method (by surface mail or Email.) - Under the existing scheme, it is impossible to switch the visa status for an applicant entered France under "student visa" to "expatriate visa" status after the applicant's completion of the training programme. |
- It is requested that GOF simplifies and expedites acquisition of work/stay visa. - It is requested that GOF: -- unitises the window for accepting the Visa Application, and -- extends the validity term on Renewed Visa for Accompanying Family Members. - It is requested that GOF takes steps to extend the validity of renewal visa for the accompanying family members. - It is requested that GOF takes steps to facilitate visa acquisition terms for enterprises without any problem on visas concerned in the past. - It is requested that GOF: -- streamlines and harmonises the application procedures, and -- sets up exclusive window for Japanese visa applicants. - It is requested that GOF reviews the visa system to enable change of visa status from "student" to "work visa", without having to return to Japan. |
- Immigration Act of France |
| (Info) - GOF requires visa for a stay in excess of 3-months. An applicant must file visa application corresponding to the purpose of stay with the Consulate (or French Embassy in Japan, if filed in Japan), and after arrival in France, must file another application for stay permit with each prefectural government (if filed in Paris, with the Paris Metropolitan Police). Subject to registration at Immigration Bureau within 3-months of the applicant's entry, a stay visa for a longer term (3-12-months) in each category is also available. |
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| (Action) - At Japan-EU Regulatory Reform Dialogue, GOJ presented to EU its request for improvement. |
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| (2) Excessive Labour Protection | - Excessively labour protective regulations abound, 35-hour work week/restricted work during weekends/substantive difficulty in dismissals/excessive privacy protection, etc. Make it difficult to operate company's business flexibly. - Social insurance, holiday provisions, etc. heavily protect workers, forming a bottleneck, and driving personnel cost up sky high. (MFS, locally incorporated subsidiary in France). - Labour Law permits the term employment contract only on work of a seasonal or a temporary nature. - In planning retrenchment of employees in France, an enterprise must submit to the competent authorities the reasons for dismissals, requesting its acceptance. However, due to the nebulous basis for acceptance or non-acceptance, there have been delays in enterprise's internal planning itself. |
- It is requested that GOF takes steps to afford the management a little more freedom in workers' management. - It is requested that GOF establishes the scheme that assures a flexible adjustment of workforce. - It is requested that GOF, in attracting foreign investment, takes steps to: -- draw up a clear-cut framework up to withdrawal of business in France, and -- fairly implement such framework. |
- Labour Law - Protection of Personal Information Act - Law to Stabilise Employment |
| (3) Compulsory Employment Continuation from Business Transfer | - Transferee's statutory obligation to succeed transferor's employees heavily burdens FFEs provision of investment with high productivity operation. | - It is requested that GOF: -- takes step to repeal TUPE, -- deregulates the terms and conditions. |
- Transfer of Undertakings Protection of Employment (TUPE, UK) - 2001/23/EC |
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