French Labour Code
In forceThe foreign employee is entitled, in respect of the period of unlawful employment :
1° To payment of salary and related benefits, in accordance with the legal provisions, collective bargaining agreements and contractual stipulations applicable to his employment, after deduction of sums previously received in respect of the period in question. In the absence of proof to the contrary, the sums due to the employee correspond to an employment relationship presumed to have lasted three months. The employee may provide proof of the work performed by any means;
2° In the event of termination of the employment relationship, to a fixed indemnity equal to three months' salary, unless application of the rules set out in Articles L. 1234-5, L. 1234-9, L. 1243-4 and L. 1243-8 or the corresponding contractual stipulations leads to a more favourable solution.
3° Where applicable, the employer must cover all costs of sending unpaid remuneration to the country to which the foreign national has left voluntarily or has been deported.
If the foreign national who is not authorised to work has been employed in an undeclared capacity, he or she will benefit either from the provisions of article L. 8223-1, or from the provisions of this chapter if these are more favourable to him or her.
The industrial tribunal hearing the case may make an interim order for payment of the lump-sum compensation provided for in 2°.
These provisions do not preclude the employee's right to apply to the courts for additional compensation if he is able to establish the existence of a loss not compensated under these provisions.
