Hiring a developer abroad: international contracts and remote work

The right framework from the outset: where is the work performed?

For a French startup, everything turns on the habitual place of work:

• The developer will work in France (even partly): this falls within the scope of a foreign employee in France and, outside the EU/EEA/Switzerland, you must obtain work authorisation before hiring (Service-Public).
• The developer will work entirely from abroad (permanent remote work): in principle, they do not need French work authorisation because they do not work in France. However, the law of the country of residence (local mandatory rules), social-security rules of the country of work and the applicable law determined by the Rome I Regulation apply (Legifrance — Rome I).
• Hybrid cases, posting or occasional assignments: the regime may change (authorisation/visa, EU A1 form, local rules). Plan ahead and precisely formalise the habitual place of work.

Hiring a foreign developer in France: work authorisation and application

If the developer is not an EU/EEA/Swiss national and will work in France, the employer must apply for work authorisation before hiring (Service-Public). A typical application includes:

• A statement of reasons detailing the position, duties, pay (at least statutory/collective-agreement minima) and the recruit's value.
• Employment contract (draft permanent/fixed-term contract) and the employer's K-bis extract.
• Evidence of qualifications (CV, diplomas, experience).
• Appropriate CERFA form: 15187*02 (employee living outside France) or 15186*03 (already in France), depending on the case, as indicated by prefectures (Côte-d'Or Prefecture).

Labour market test: outside shortage occupations, the administration may check that you unsuccessfully sought candidates in France (published vacancy, exchanges with Pôle emploi/schools, etc.). Document your efforts (Côte-d'Or Prefecture).

After approval: complete visa/residence-permit formalities, the medical examination and social-security registration in France, following Ministry of Labour guidance.

Risk of non-compliance: employing a foreign national without the required authorisation exposes you to heavy criminal and administrative penalties (fines per employee, repayment of aid, administrative closure, exclusion from public procurement), under the legislation cited by Service-Public. Secure compliance before any work starts.

International contracts: choosing governing law without ignoring local mandatory rules

An international employment contract operates according to Regulation (EC) No 593/2008, known as Rome I. Two practical rules:

• Choice of law: employer and employee may choose the contract's law (e.g. French law); this choice cannot deprive the employee of mandatory protections in the country where they habitually work (Ministry of Labour — International contracts).
• Without a choice: the law of the habitual place of work applies, unless there is a closer connection with another country (Rome I).

In practice, for permanent remote work from abroad, you may choose French law while complying with local mandatory standards (working time, leave, health and safety, minimum wage, public holidays, etc.).

Essential clauses to include

• Governing law & jurisdiction + a local mandatory rules clause (priority of mandatory rules in the country of work).
• Place of work (country, home/coworking remote work), hours and availability windows (time zones).
• Equipment & IT security, BYOD policy, encryption, VPN access, breach management.
• Data protection and transfers outside the EU if applicable, consistent with GDPR and SCCs. See our guide to data transfers outside the EU.
• Intellectual property (assignment of rights to code, including derivative works and open-source contributions). To strengthen your practices, read our article on source code protection.
• Confidentiality, non-compete/non-solicitation obligations (proportionate and valid under local laws).
• Remuneration, variable pay, bonuses, BSPCE/free shares if eligible (check local tax implications).
• Mobility (occasional trips to France), and responsibility for visa procedures if needed.

International remote work: framework and policy

Remote work must be formalised (agreement/amendment) and comply with applicable rights (information on hours, health and safety, right to disconnect). The French Labour Code regulates remote work in France (Legifrance — Remote work), and several countries have specific rules. Structure your arrangements through a clear remote-work policy (equipment costs, allowances, time monitoring, access security). Our guide to drafting a compliant remote-work policy helps frame your policy.

Social security and payroll when the developer works abroad

• EU/EEA/Switzerland: in principle, social-security contributions are due in the country where work is performed. Exception: temporary posting with continued French coverage if conditions are met and an A1 form is issued (Regulation EC No 883/2004; EUR-Lex and Legifrance — Posted worker).
• Outside the EU: refer to bilateral social-security agreements; otherwise local registration is likely. See the International employee mobility guide.
• Work in several countries: specific EU coverage rules (883/2004); have Urssaf/the local body confirm your situation.

Operational tip: validate the applicable social-security and payroll regime before signing (contributions, local payslips, employer charges, DSN or equivalent), and any necessary health and personal-risk cover.

Remuneration, minima and collective agreement

Where French law and/or your collective agreement apply, comply with statutory minima and collective-agreement minima. In tech, many startups fall under Syntec–engineering consultancies: if so, check pay scales and role definitions. Our guide to the collective agreement in a tech startup helps secure minimum pay and classification.

Practical steps by scenario

1) The developer comes to work in France

1. Check nationality/status (EU/EEA/Switzerland or third country) and authorisation requirements (Service-Public).
2. Prepare the application (statement of reasons, contract, K-bis, diplomas, appropriate CERFA: 15187*02/15186*03) following prefectural guidance (Côte-d'Or Prefecture).
3. Evidence the search in France if a labour market test applies (vacancies, rejections, etc.).
4. Submit and track the application, then complete visa/permit, medical examination and social-security registration (Ministry of Labour).
5. Onboarding: provide the remote-work policy if hybrid, DPAE pre-employment declaration, health/personal-risk scheme enrolment, IT security policy.

2) The developer stays abroad (fully remote)

1. Map the country of work: mandatory local employment law, visa (if a third-country national in their own country), tax, payroll.
2. Choose the contract's law (often French law), incorporating mandatory local rules (Rome I; Ministry of Labour).
3. Social security and payroll: determine coverage (A1 for EU posting, otherwise local system), set up local payroll or a reliable employer of record (EOR).
4. Formalise remote work and IT security; if data leaves the EU, use GDPR standard contractual clauses and supplementary measures.
5. Identify permanent-establishment risks (corporate tax) and limit commercial representation powers if necessary.

Permanent, fixed-term… or freelance? Beware of reclassification

International freelancing may seem simpler, but a relationship of subordination (imposed hours, internal tools, reporting…) creates exposure to reclassification as employment, with social-security/tax risks. Before choosing services, read our guide to freelancer or employee in a startup: managing reclassification risk.

If hiring internally, choose the right contract type (fixed-term/permanent in a startup) according to needs, visa timelines and budget sustainability.

Useful special cases

• Posting within the EU: continued home-country social-security coverage is possible with an A1 if conditions are met (883/2004; EUR-Lex / Legifrance).
• International apprenticeships/professional training contracts: specific schemes and frameworks; see the Ministry of Labour.
• Intra-group mobility and temporary assignments: refer to government guides on international employee mobility and, where relevant, bilateral agreements.

Quick checklist

• Classify the scenario: work in France versus remote work abroad.
• Immigration: work authorisation required for work in France (non-EU/EEA/CH); otherwise country-of-work rules (Service-Public).
• Governing law: French-law clause + compliance with local mandatory rules (Rome I; Legifrance).
• Social security: country of work, unless posting (EU A1) or a bilateral agreement applies (883/2004; EUR-Lex).
• Remote work: amendment/policy, right to disconnect, IT security (Labour Code).
• IP & GDPR: assignment clauses, transfers outside the EU and SCCs if needed; see our post-Schrems II good practice.
• Collective agreement: check minimum pay and classifications (e.g. Syntec; our guide).

Quick FAQ

To structure your HR/legal function and save time, also see our first hires guide.