Employer Toolkit: Drafting a Work Contract That Meets OFII Standards
Foreign talent cannot start work in France until the Office Français de l’Immigration et de l’Intégration (OFII) has approved the employment contract you submit with the work-permit file. One missing clause or a salary set a few euros below the collective-agreement minimum is enough for OFII to issue a refusal. To spare yourself costly delays, use this practical toolkit when drafting or reviewing any Contrat de travail destined for a foreign employee.
Why OFII Reviews Your Contract
OFII’s mission is to protect the French labor market and ensure arriving workers enjoy fair conditions. Under Articles L522-1 and R522-4 of the Code de l’entrée et du séjour des étrangers et du droit d’asile (CESEDA), the agency verifies that every contract:
- Complies with French labor law and the applicable Convention collective.
- Matches the information declared during the work-permit request on the ANEF-Emploi portal.
- Meets or exceeds the salary threshold for the residence-permit category (often 1 × SMIC for standard permits and 1.5 × SMIC for Passeport Talent).
- Contains genuine duties that align with the employee’s qualifications.
- Guarantees a workload and duration that respect weekly and annual limits.
Failure on any point can trigger a refusal, a request for corrections, or an order to restart the entire process. According to 2024 Ministry of Labor statistics, 21 percent of employer work-permit files were delayed due to non-compliant contracts.
Contract Types Accepted by OFII
| Permit route | Accepted contract formats | Minimum duration |
|---|---|---|
| Standard salaried permit (articles R522-6 CESEDA) | CDI or CDD | 6 months |
| Travail en tension quota (2025 Immigration Act) | CDI only | 12 months |
| Passeport Talent – Salaried employee | CDI or CDD | 12 months |
| Passeport Talent – Qualified employee (EU Blue Card) | CDI or CDD | 12 months + renewable |
| Atypical seasonal worker | CDD | linked to season |
CDD contracts shorter than the table above will almost always be rejected. When in doubt, choose a CDI.
Essential Clauses OFII Expects to See
- Identification of parties – Legal name, SIREN, address, and representative of the company plus the worker’s full civil status and address.
- Job title and ROME code – The title must match the position declared on ANEF. Add the ROME code to simplify OFII’s labor-market assessment.
- Detailed duties – List 3-5 concrete tasks. Avoid generic phrases like “miscellaneous missions.”
- Workplace location(s) – Precise address and mention of possible travel if relevant.
- Working time – Weekly hours, schedule pattern, overtime conditions, reference to the applicable collective agreement.
- Salary and benefits – Gross monthly and annual remuneration, bonuses, meal vouchers, company car, etc. State the collective-agreement minimum and show that offered pay is equal or higher.
- Probation period – Length and renewal conditions in line with the collective agreement.
- Duration – For a CDD, specify start and end dates and the legal justification (e.g., accroissement temporaire d’activité).
- Paid leave and RTT – Number of days and calculation method.
- Social-security registration – Employer’s obligation to file the Déclaration préalable à l’embauche (DPAE) and enroll the worker with CPAM.
- Termination conditions – Conventional clauses on notice, severance, and applicable procedures.
- Language clause – French is mandatory under Article L1321-6 Labour Code. Provide an English translation on a second page if needed but sign only the French version.
- Collective agreement reference – Exact title and IDCC number.
- Date, place, and signatures – Blue-ink originals for both parties. Electronic signatures are allowed if you use a eIDAS-qualified provider.
Quick Salary Check
Use this formula before sending the contract:
Gross monthly salary ÷ 35 hours ≥ SMIC hourly rate (currently €11.65 in 2025).
If the employee will work 39 hours with paid overtime included, calculate the weighted average to stay above minimum wage.
Step-by-Step Drafting Process
- Retrieve the collective-agreement template from your sector’s employers’ federation site.
- Insert company and employee details exactly as they appear in the ANEF form.
- Verify job classification with HR to ensure the coefficient matches the duties and salary grid.
- Run the salary calculator (ImmiFrance offers a free spreadsheet) to confirm you reach the OFII threshold.
- Consult the employee on probation length – for senior talent, shorter periods can speed up card issuance.
- Generate a bilingual version if the employee requests it, but mark the French text as the only binding one.
- Send the draft for legal review to avoid hidden pitfalls like restrictive covenants that exceed legal limits.
- Collect wet signatures or advanced electronic signatures.
- Upload the signed PDF to your pending ANEF-Emploi application.
- Keep a hard copy for the worker’s visa application and future prefecture renewals.
Common Mistakes That Trigger OFII Queries
- Salary rounded down to the nearest hundred euros rather than exact collective-agreement minimum.
- Discrepancies between job title on the contract and on the work-permit form.
- Absence of ICCID convention collective ID number.
- CDD without legal justification or with a probation period exceeding statutory limits.
- English-only contracts.
- Missing signature of the legal representative with power of attorney.
OFII typically gives employers 15 days to correct errors. If you miss the deadline, the entire application can be cancelled.
Attachments to Include With the Contract
| Document | Purpose |
|---|---|
| Organisation chart | Confirms position in company hierarchy |
| Latest URSSAF certificate (attestation de vigilance) | Proves up-to-date social-security payments |
| Financial statements or last VAT return | Shows the firm can pay the stated salary |
| Housing attestation or hotel booking | Demonstrates accommodation plan for the first month |
| Diploma copies with certified translations | Verifies the match between duties and qualifications |
These annexes are not always mandatory, but they drastically reduce the risk of OFII requests for additional information.
Timeline From Draft to OFII Approval
- Day 0 – Contract signed and uploaded to ANEF.
- Day 2 – Labour inspector review (DIRRECTE) for collective-agreement compliance.
- Day 7-14 – OFII analysis and possible additional document request.
- Day 21 – Approval stamped and forwarded to the French consulate (or ANEF electronic code generated if the worker is already in France).
- Within 3 months of arrival – Employee validates the visa or card at OFII and starts work.
Actual delays vary by region. Paris and Rhône average 18 days, while some smaller départements process permits in under 10 days.
Tools and Templates
ImmiFrance clients receive:
- A Word template pre-filled with the most demanded clauses for Passeport Talent and standard permits.
- A salary grid checker aligned with 2025 SMIC and major collective-agreement updates.
- A companion PDF explaining each article to help HR and hiring managers understand the legal implications.
Contact us for a personalized pack adapted to your sector and permit route.
Checklist: Ready to Submit?
- Contract minimum duration respected.
- Salary meets OFII threshold and collective-agreement minimum.
- French language version signed.
- Job title and duties match ANEF form.
- All mandatory clauses present.
- URSSAF certificate dated less than 6 months attached.
- Financial capacity proof attached for startups or new entities.
Tick every box before hitting “Envoyer” on ANEF to avoid costly back-and-forth.
Internal Links for Deeper Guidance
- Unsure about quota limits? Read our guide on The 2025 Quota System for Work Permits.
- Worried about penalties if something goes wrong? Check Employer Sanctions for Hiring Undocumented Workers in 2025.
- Need to regularize an existing undocumented staff member? See From Undocumented to Documented: Step-By-Step Regularization Through Employment.
Frequently Asked Questions
Do I need to register the contract with the labor inspectorate before sending it to OFII? No. Uploading it through ANEF-Emploi is sufficient. DIRRECTE automatically receives a copy for compliance checks.
Can I use a temporary-agency mission contract? Generally no. OFII refuses interim contracts unless they are tied to seasonal-worker permits or very specific agreements.
What happens if we raise the salary after OFII approval? You can sign an addendum and notify OFII, but the increase must not change the permit category. Keep the addendum for the employee’s future renewals.
Is a scanned signature acceptable? Yes, if done through an eIDAS-qualified provider. A simple pasted image of a signature is not accepted.
How long after arrival can the employee start work? Only after validating the visa or collecting the residence card and presenting the OFII attestation to HR. Starting earlier can lead to fines.
Ready to Secure Your Work-Permit Approval?
ImmiFrance’s corporate desk has helped more than 900 employers achieve a 97 percent OFII approval rate. Book a 30-minute call and receive a tailored contract template, sector-specific salary benchmarks, and step-by-step submission guidance. Avoid refusals, onboard your talent faster, and focus on growing your business.
Schedule your consultation now at ImmiFrance.com or email corporate@immifrance.com for an instant quote.