Docstoc

Professional Employment Contract Australia

Document Sample
Professional Employment Contract Australia Powered By Docstoc
					MIIINDS




           Professional
            Immigration
             in France

25.11.08
MIIINDS



               Professional Immigration in France




          I / Introduction



                                                    2
MIIINDS                                                 Introduction




          Why a Ministry for migratory policies ?


           Awareness of the necessity of an overall policy for
            migratory questions .

           In front of a transnational labour market

           And a migratory phenomenon with many aspects :
            political, economical, social .


                                                                       3
MIIINDS
                                                       Introduction



            A migratory policy centred around four main
            lines :


           Control of migratory flows

           Openness (professional immigration)

           Integration of the immigrants in the host society

           Interdependent development


                                                                      4
                                                                        Introduction
MIIINDS


          One method :
           Integrated functional management of the “foreigners cycle” by
             bringing together services once divided :
             Consulates, PAF (Air & Border Police), Prefectures, Employment,
             Integration .

          One authority :

           The Ministry of Immigration, Integration, National Identity and
             for Interdependent Development (MIIINDS) .

           1st creation of a regalia Ministry since 1972 .

           International trend :
             -Ministry (Australia, Canada, Austria, Denmark, Finland)
             - agence (RU, Pays Bas, Suisse)
                                                                                       5
MIIINDS



               Professional Immigration in France




          II / The Stakes



                                                    7
MIIINDS
                                                                          The Stakes

          French context :
          ► France enjoys a rather dynamic demography :


                   ● 2 children per woman, 1st rank in the U.E. before Ireland

             Which should put the country away from any migratory need :

          ► A rather high unemployment rate :

                   ● 8% of the working population

          ► But France, as the other European countries, is undergoing a massive
             migratory phenomenon, generated by the global economy :

             ● 5.1 Million legal immigrants (8.5% of the population)

             ● Positive migratory balance of 71,000 persons in 2007

             ● Present illegal immigrants: between 200,000 and 400,000 (estimation)

                                                                                       8
MIIINDS
                                                            The Stakes




          International context :


           International competition context to attract skills :

            ● Working immigration = from 30 to 40% of migratory
            flows from other European countries: 45% in UK

            ● The USA receive 30% of foreign students living in the
            OECD countries, UK 14%, France 11%.




                                                                         9
MIIINDS                                                        The Stakes




          Needs for qualified workforce :

           Working immigration is a dynamism factor for a society

           France is having needs for highly qualified workforce in
            jobs “in short supply”, which are not fulfilled by the
            national market, in following sectors:

            ● Services, mechanics, computer science, accounting
            and management, metal work, maintenance, electricity,
            electronics, processing industries, etc,
            (See below, list of the 30 jobs in short supply)




                                                                            10
MIIINDS



               Professional immigration in France




          III /Objectives



                                                    11
MIIINDS                                                                         Objectives

          Mastery of the migratory flows
           To turn them towards the needs of our economy,

             Which implies :

              ● Discourage illegal immigration,

              ● Encourage legal professional immigration.

           This policy is undertaken in co-operation with our partners from countries
            outside of the U.E., especially in the APS (Areas of Priority Solidarity) area,
            through :

              ●A reasoning: mutual benefit
              (To avoid the brains’ flight)

              ●A method: The overall approach of migration and development issues
            (Agreements for the management of migratory flows and for interdependent
            development)
           Main objective:
             ●To raise professional immigration in France to 50% of the overall
            migratory flows.
                                                                                              12
                                                             Objectives
MIIINDS




          Validity of this objective with regard
          to the current economic crisis ?

           The employment global market will remain a reality


           Despite a likely increase of unemployment, there will always
            be “jobs in short supply”.


           France will remain open to a foreign qualified workforce,
            which means renovation and dynamism for our society,


           In an International context of competition


                                                                           13
MIIINDS



                     Professional immigration in France




              III /New tools
          (For nationals outside U.E. countries)




                                                          14
MIIINDS


                                                           New tools


          1/ Long-term residence permits:

               The skills and talent permit (STP).
               The intra-company transfer permit (ITP).
               The seasonal worker permit.


          2/ The “jobs in short supply‟ list.

          3/ New opportunities for students.

          4/ Agreements of common management.


                                                                       15
MIIINDS


                                                                  New tools


          They have two common points:

             The procedures‟ simplification :

              For instance: end of the preliminary character of the
              medical examination
              Now, the medical examination can take place after the
              beginning of the professional activity in France, within
              the time limit
              3 months (6 months for the STP).

             Exemption to common law :
              I.e.: the yearly principle (of the employee pass)
                                                                              16
MIIINDS
                                                           Long-term residence permits


          1-1/ The Skills and Talent Permit
          ► Abroad, the Ambassador decides the issue


          ► The STP applies to any type of activity


          ► Valid for a renewable period of three years

          ► The employment situation cannot be opposed
          ► The working permit is not subject to a working authorisation
            (provided the job is salaried)

          ► Not subject to the usual immigrants' rules to have their families join them

          ► Exemption of the Welcome and Integration Contract
             (For STP holder, as well as for his or her family)

          ► Medical examination in France, within six months

                                                                                          17
MIIINDS
                                                       The Skills and Talent Permit



                     Special measures for APS countries

          ► The STP can be renewed only once

          ► Commitment to go back to the country of origin after a six-year stay, at
            the most
           (Except when there is an Interdependent Agreement signed with
             France).
          ► Participate to a co-operation and economic development programme,
             worked out between France and the country of origin,.

          ► Transmission to the Prefect, within a six-month period after the STP
             allocation, of a formal commitment to such an action.


                                                                                       18
MIIINDS
                                                         The Skills and Talent Permit

                              Basic conditions for the STP issue


          ► A PROJECT by which the claimant will contributes
             « significantly and durably to France’s economic development, country
             planning, influence, especially in the intellectual, scientific,
             humanitarian and sports areas, as well as for his or her country of
             origin, whereas directly or indirectly ».
          ► This project must be credible: the claimant will be asked to demonstrate
             that he possesses the ability to achieve it thanks to his or her   :
             ● Education,

             ● Professional experience

          ► Targeted public: highly qualified persons
             (≠ circulation visas).

                                                                                        19
MIIINDS
                                                            The Skills and Talent Permit

                  Issuing conditions according to the type of project

          ► For salaried people: when there is an employment contract, wages must
             comply with the conventional and legal minima in France

          ► For the economic projects (non salaried activity), at least one of the following
             conditions must be fulfilled:

               – To create or to save at least two jobs, one of which is the project‟s
                 holder‟s
               – A ≥ 300 000 € tangible or intangible investment
               – Project presented by a foreign company incorporated for at least two years
                 or already established in France.

          ► For the legal companies‟ representatives:
               – Monthly gross earnings of at least 3 x the guarantied minimum wage
                 („SMIC‟)
               – and on mission in France for more than 6 months.
                                                                                               20
MIIINDS
                                                               The Skills and Talent Permit

          Professional experience conditions

                  Diplôme     Diplôme          Licence        Master        Doctorat
                            inférieur à la
                               Licence
          Expérience
          Professionnelle

          Sans              Non éligible     Non éligible   Non éligible   RECEVABLE


          Plus              Non éligible     Non éligible   RECEVABLE      RECEVABLE
          d‟UN an

          Plus de           Non éligible     RECEVABLE      RECEVABLE      RECEVABLE
          TROIS ans


          Plus de           RECEVABLE        RECEVABLE      RECEVABLE      RECEVABLE
          CINQ ans



                                                                                              21
MIIINDS
                                                    The Skills and Talent Permit

                                     Procedure

          ► File‟s composition

            Presentation of the project, claimant‟s resume, copies of the
            highest ranking diplomas and titles, tax justification of his or her
            income, and a copy of his or her criminal record in the countries
            where the claimant resided for the past three years.


          ► Project‟s assessment

            Upon the base of criteria established by the National
            Commission for Skills and Talent after having possibly heard the
            foreign claimant.

                                                                                   22
MIIINDS                                                The Skills and Talents Pass


                             Procedure (continuation)

          ► Time limit of the file‟s examination is 1 month.

          ► Decision‟s form

             When the decision is positive, the consular authority issues a visa for
             a stay of more than 3 months and hand a letter issuing a “skills
             and talent” permit over the claimant, signed by the Ambassador
             (which is going to be issued by the department‟s prefect of his or her
             residence‟s location).

             + “CESEDA L313-11 3°” visa (“private and family life”)
             to the spouse and to the children.

          ► A copy of the file is forwarded to the Ministry (MIIINDS –
             Professional Immigration Office)
                                                                                       23
MIIINDS
                                              Long-term residence permits



          1-2/ The Intra-company transfer permit (ICP)


            ► Its scope :


             - Foreign employees detached or recruited
               in France,


             - In mobility cases :

                  Inside of a company
                         or
                 Inside of an international group.

                                                                            24
MIIINDS
                                               The Intra-company transfer permit

                 As for STP, it departs from common law:

           It applies as working permit : together with either the
            employment contract, or the introduction request
            (temporary posting) approved by the Local Labour
            Administration

           It is issued for a renewable period of three years

           The employment situation cannot be opposed to it

           It allows bringing the family in the same conditions as STP,
            when the stay of the Employee-on-Mission Pass‟ holder in
            France exceeds 6 months.

           The ICP holders (as well as their families) are exempted
            from the obligation to sign up a welcome and integration
            contract.
                                                                                   25
MIIINDS                                       The Intra-company transfer permit


          Its main issuing conditions

           The foreign employee should have been working with the
            foreign company or group for at least three months,

           The employee wages should be at least
            1.5 times the „SMIC‟ (1981 €, gross, for 35 hour-a-week, on
            01/07/2008)


            ► Managers or high level executives :

            The ICP can be used for the temporary posting or hiring of high
            level executives :

              Monthly earnings ≥ 5 000 € gross
                                                                                  26
MIIINDS                                         The Intra-company transfer permit


                                     Procedure

          ► The employer in France must apply for the employee‟s
            introduction at the „DDTEFP‟ administration.

          ► When the employment contract or the temporary posting
            request are approved, the file is forwarded to the „ANAEM‟,
            which sends it to the related French consulate, in order to issue
            the entry visa to France.

          ► When the foreigner arrives on the French territory, he must ask
            for a residence permit at the Prefecture.

             He will also receive a notification by the „ANAEM‟ to get the
             statutory medical examination.

                                                                                    27
MIIINDS

                                            Long-term residence permits




          1-3/ The Seasonal Worker Permit


            ► Duration up to three years,

            ► allows a Foreigner holding a seasonal working permit
              and provided he commits himself (herself) to maintain
              his (her) usual residence outside France, time and
              work each year up to:
              six months in France.



                                                                          28
MIIINDS
                                                                                New tools

          2/ List of jobs in short supply

          ► In order to ease access to the job market for foreign employees in areas
             where there is a lack of workforce, a list of 30 jobs in short supply has been
             established.

          ► This list is split by region, but six specific professions cover the whole
             French territory.

          ► The current employment situation is not taken in account for those
             professions

          ► Admission on French territory follows the usual introduction procedure,
             initiated by the employer,

          ► in order to issue, according to the relevant case, an EMPLOYEE or a
             TEMPORARY WORKER temporary residence permit, which applies as
             working permit.

                                                                                              29
MIIINDS
                                                                                                    The ‘in tension’ jobs
              30 PROFESSION LIST OPEN TO THIRD COUNTRIES NATIONALS
              „ROME‟ CODE AND PROFESSIONAL AREAS

          •   TRADE
          •   14232 Mail order sales technician
          •   14312 Intermediate and raw goods commercial attaché
          •   33121 Merchandiser (design for departments and selling places)

          •   ELECTRICITY, ELECTRONICS
          •   52132 Project-designer in electricity and electronics
          •   52133 Draughtsman in electricity and electronics
          •   52221 Quality and testing technician in electricity and electronics

          •   COMPUTER SCIENCE
          •   32321 Study computer scientist (including project manager)
          •   32331 Expert computer scientist

          •   BUILDING INDUTRY AND CIVIL ENGINEERING
          •   61221 B.I.C.E. Designer
          •   61222 Surveyor
          •   61223 In charge of B.I.C.E. technical studies
          •   61231 B.I.C.E. site foreman
          •   61232 B.I.C.E. works operator

          •   MECHANICS, METAL WORK
          •   44316 Mechanic for work, lifting, handling and agricultural machinery
          •   52121 Draughtsman-designer in mechanical engineering and metal work
          •   52122 Draughtsman in mechanical engineering and metal work
          •   52211 Manufacturing technician in mechanical engineering and metal work
          •   52212 Quality technician in mechanical engineering and metal work
          •   52313 Installation and maintenance operator for lifts (and other automatic systems)
                                                                                                                            30
MIIINDS
                                                                                                      The ‘in tension’ jobs
              30 „IN TENSION‟ JOBS (continuation)
          •   SMOOTH MATERIALS, WOOD, GRAPHIC INDUSTRIES (LIGHT INDUSTRIES)
          •   46321 Manufacturing machine operator in furnishing and wood industries (and combined materials)
          •   46322 Hewer for wood and combined materials (mass production)
          •   52243 Technician in furnishing and wood industries

          •   MAINTENANCE
          •   52314 Compliance Inspector
          •   52333 Maintenance operator in electronics

          •   TRANSPORT, LOGISTICS AND TOURISM
          •   52111 Technician in industry methods, scheduling and planning

          •   MANAGEMENT, BUSINESS ADMINISTRATION
          •   32112 Audit, accounting and financial executive

          •   BANK AND INSURANCE
          •   33221 Insurance operating officer

          •   PROCESS INDUSTRIES
          •   45222 Glass forming (manufacturing) operator
          •   45231 Pilot for cement manufacturing planting
          •   52231 Production technician in process industries

          •   Following jobs are open in ALL French Regions :
          •   32112 Audit, accounting and financial executive
          •   32321 Study computer scientist (including project chief)
          •   32331 Expert computer scientist
          •   61223 In charge of B.I.C.E. technical studies
          •   61231 B.I.C.E. site foreman
          •   61232 B.I.C.E. works operator
                                                                                                                              31
MIIINDS                                                                          New tools

          3/ New opportunities for foreign students

          ►During their studies:
               Suppression of the obligation to hold a working permit for Foreigners
                who have a “student” residence permit

               So they have the full right to exercise a salaried activity within the limit of
                60 % of the annual working duration (964 hours).


          ► After their studies :

               After getting a master degree, foreign students are allowed to look for a job
                during six months

               For this scope, they receive a six-month receipt form the Prefecture.

               They get an “employee” residence permit with no regard to the
                employment situation, if they get a job with a payroll of more than 1.5
                times the „SMIC‟ (official minimum wage).

                                                                                             32
MIIINDS

                                                  New tools



          4/ Common management agreements.


          4-1Common management agreements for migratory
            flows and interdependent development.

          4-2 «Young Professionals» agreements.

          4-3 «Holidays & Work» agreements.



                                                              33
MIIINDS
                                                   Common management agreements


          4-1/ Common management agreements for
            migratory flows and interdependent development.

          •   They include specific measures to encourage international mobility by
              easing the issuing of residence permits to a certain number of
              Nationals from the signer States :
              Skills and talent permit, Inter-company transfer permit, “young
              professionals”, “jobs in short supply”, saisonnal jobs :

           These agreements grant a big share for professional training and for
            interdependent development.

               – Agreed: Senegal, Congo-Brazzaville, Benin, Gabon, Tunisia and
                 Mauritius, Cap Verde, Burkina Faso.
               – Underway:, Mali, Egypt and Cameroon .

                                                                                      34
MIIINDS
                                             Common management agreements


          4-2/ «Young Professionals» agreements

           They ease, inside of a quota, temporary moves for young
            workers coming from signer States:

              • From age 18 to 35
              • For employment time from 3 to 18 months

           They encourage proficiency transfers or knowledge
            exchanges between branches of a same group or between
            French and Foreign companies, within the framework of a
            partnership. They also improve resumes of young graduates,
            who then increase their chances to find a job in their expertise,
            when they go back to their country of origin.


                                                                                35
MIIINDS
                                            Common management agreements



          4-3/ «Holidays & Work» agreements

           They allow inside of a quota,

           Temporary moves for young people from 18 to 30, coming from
            signer States (up to 35 year-old for exchanges between France
            and Canada)


           For a tourism time of less than 12 months

           During which the beneficiaries can possibly complete their
            resources by getting a paid job


                                                                            36
MIIINDS




                           Conclusion


          ► With this tools package, France is now equipped
           with one of the most balanced migratory policy in
           the World,

          ► Which combines protection and openness,

          ► And for which professional immigration is
            the privileged vector.


                                                               37

				
DOCUMENT INFO
Description: Professional Employment Contract Australia document sample