Right to Work with APS: What Employers and Employees Need to Know in France
Ukrainians with a valid APS have the right to work with APS in France without a separate work permit — the temporary protection document itself already grants the full right to employment under an employment contract or as a self-employed person.
International Law Firm "Zahist" has a presence in France and advises both employees and employers on the correct formalization of employment relationships under temporary protection. Our experience shows that most delays in employment are linked not to real legal obstacles, but to employers mistakenly requiring documents that the law no longer provides for.
APS automatically grants the right to work
A special decree abolished the requirement of a separate work permit (autorisation de travail) for holders of temporary protection — a valid APS is sufficient for lawful employment.
This rule applies to all main forms of employment: an open-ended contract (CDI), a fixed-term contract (CDD), temporary work through an agency (intérim), and self-employed status.
Employer’s obligation: verification of APS authenticity
Before hiring an employee with APS, the employer must send a copy of the document to the prefecture for authenticity verification — at least two working days before the start of the employment contract.
If the prefecture does not respond within this period, the formality is deemed completed, and the employee may start work without further waiting.
Our experience shows that employers who send this request in advance, rather than at the last moment before the employee starts work, avoid unnecessary delays in the start of cooperation.
Standard formalities upon employment
In addition to APS verification, the employer carries out the same formalities as when hiring any other employee.
- Filing a prior declaration of hire (DPAE) with CPAM — it automatically triggers the employee’s affiliation to the social security system.
- Entering a record in the single personnel register (registre unique du personnel).
- Concluding a written employment contract, which is mandatory for CDD and temporary work through an agency.
- Arranging a medical examination for information and prevention within the prescribed period after the start of work.
Comparison of requirements for APS and an ordinary work permit
A clear comparison helps to understand how the procedure for hiring an APS holder differs from hiring a foreign national who needs a separate work permit.
| Criterion | APS holder | Ordinary work permit |
| Separate work permit | not required | required, issued separately |
| Document verification | copy of APS to the prefecture, 2 working days | full permit issuance procedure, weeks or months |
| Available forms of employment | CDI, CDD, intérim, self-employment | depends on the type of permit |
| DPAE | mandatory, as for other employees | mandatory, as for other employees |
Impact of APS renewal on employment relationships
When the validity period of the APS is coming to an end, the employee is obliged to renew the document at the prefecture, and the employer should obtain a copy of the new APS immediately after it is issued.
A delay in renewing the APS does not automatically terminate the employment contract; however, the employer is entitled to require an up-to-date document confirming the lawfulness of stay and the right to work.
Our experience shows that employees who notify the employer of the APS expiry date in advance, rather than after the fact, maintain trust in the employment relationship and avoid unnecessary questions from the HR department.
Right to work for self-employed persons
An APS holder may also obtain self-employed status (auto-entrepreneur) and work for themselves, without the need for an employer or a separate permit.
For registration, it is sufficient to create a micro-enterprise on the relevant platform and notify CPAM of the new status for social security formalities.
Recognition of qualifications and language requirements
The right to work with APS does not depend on holding a recognized French diploma, so a status holder may work in positions that do not require formal recognition of qualifications.
For regulated professions — medicine, law, certain engineering specialties — separate recognition of the diploma or additional examinations is still required, regardless of residence status.
Knowledge of French is not a formal condition for concluding an employment contract, but in practice it significantly affects available vacancies and the speed of employment.
What to do if the employer demands additional permits
Some employers mistakenly believe that hiring a holder of temporary protection requires a separate work permit and refuse employment due to the absence of a document that the law no longer requires.
In such a case, it is advisable to show the employer a valid APS and explain that the law expressly exempts holders of this document from the separate work permit procedure.
Our experience shows that a written explanation of the legal rules provided to the employer resolves the situation far more often than oral explanations without reference to specific legal grounds.
Specifics of temporary work through an agency (intérim)
Work through a temporary employment agency is available to APS holders on the same terms as for other employees, including the right to compensation for employment instability at the end of the assignment.
The intérim agency carries out the same APS verification as an ordinary employer and is likewise obliged to file a DPAE declaration before each new assignment.
Our experience shows that intérim often becomes a convenient starting employment option for holders of temporary protection, as it makes it possible to quickly gain work experience in France at several companies.
Rights and obligations of an employee with APS
An employee under temporary protection has the same labor rights as any other salaried employee in France — the minimum wage, the established length of the working week, and paid leave.
Collective agreements of the sector in which the person works apply to them on general grounds, regardless of residence status.
Right to work for minors and duration of the authorization
Minors under temporary protection may work only under the conditions provided by French labor law for adolescents, including restrictions by age and type of work.
The right to work remains throughout the entire validity period of the APS and is automatically renewed with each extension of the document, without the need to reconfirm the status with the labor inspectorate.
Our experience shows that employers who hire several employees under temporary protection benefit from creating an internal memo on the APS renewal deadlines of each staff member.
Typical mistakes when employing APS holders
The most common employer mistake is requiring a separate work permit, which the law does not provide for holders of temporary protection.
A common employee mistake is starting work without a written employment contract when it is mandatory by law for CDD or intérim.
Our experience shows that employers who seek advice in advance on the procedure for hiring APS holders formalize employment relationships significantly faster than those who learn the rules only during hiring.
Expert view: how to speed up employment formalities
An analysis of our cases shows that the fastest formalization occurs when the employer, immediately after receiving a copy of the APS, sends it to the prefecture without waiting for a request from the employee.
Another important factor is the exact match of data in the employment contract and the APS, as discrepancies in the spelling of the name or date of birth may give rise to additional questions from the administration.
We recommend that employees keep a copy of the confirmation letter regarding the sending of the APS to the prefecture — this document becomes useful evidence in the event of disputes with the employer.
Assistance in job search through France Travail
Holders of temporary protection may register with France Travail (formerly Pôle emploi) on general grounds and gain access to vacancies, counseling, and specialized labor market integration programs.
Special coordination programs created to facilitate the employment of Ukrainian refugees cover résumé translation, interview preparation, and the search for employers willing to hire without requiring perfect knowledge of French.
International Law Firm "Zahist" has a presence in France and advises employers and employees on the correct formalization of employment relationships under temporary protection.
An individual consultation helps accurately explain the right to work with APS to a specific employer or employee and avoid delays linked to outdated notions about the required documents.
Each situation has its own details — the type of employment, the industry, and the employer’s prior experience — so a detailed consultation with a specialist remains the most reliable way to arrange employment without delays.
The better the employer and the employee understand the right to work with APS, the faster and more smoothly the formalization of the employment relationship proceeds without unnecessary formalities.
