France
Introduction of a €50 legal aid contribution for claims filed before labour courts (Loi n°2026 103, 19 Feb. 2026)
Impact date: Effective no later than 1 March 2026, with the exact implementation date to be set by a forthcoming decree. The 2026 Finance Act introduces a new €50 “legal aid contribution” payable for each claim filed before a labour court (conseil de prud’hommes) or a judicial court. The fee will take the form of a dematerialized stamp and is payable by the party initiating the proceedings. Beneficiaries of legal aid (aide juridictionnelle) are exempt. The contribution finances the legal aid system and will apply to any claim filed from a date set by decree, and no later than 1 March 2026.
Employer implications/action needed This new contribution is not expected to materially deter employees from filing claims, except perhaps in cases involving very low-value disputes, where the cost–benefit balance may shift slightly.
Employer risk N/A
Upcoming measure on birth leave
Impact date: 1 July 2026. The measure applies to children born or adopted from 1 January 2026 onwards. The French Government has confirmed the creation of birth leave which does not replace the current parental leave but is added to existing maternity, paternity and adoption leaves.
The details have now been finalized as follows:
- a duration of one or two months per parent, which can be taken at the same time or successively, either in a single block or split into two separate one‑month periods
- the leave must be taken within nine months after birth or adoption, and only after maternity, paternity or adoption leave has ended
- compensation by Social Security at 70% of net salary for the first month and 60% for the second, within the Social Security ceiling; employer top‑up remains optional
- no employer approval is required. Employees must give one month’s notice (reduced to 15 days if taken immediately after paternity or adoption leave)
Employer implications/action needed Employers should prepare for employees going on birth leave and if applicable, update HR processes and templates accordingly, and monitor remaining administrative guidance.
Employer risk N/A
Link N/A
Immigration law
Impact date: To 31 December 2026 A discretionary power has been given to the préfets until 31 December 2026 to regularize illegal workers working in jobs and geographical areas where there is a recruitment shortage. In practice, this involves granting a one year’s residence permit, applicable if the individual has:
- worked as a salaried employee in a job included in the list of jobs and geographical areas that have experienced recruitment difficulties for at least 12 consecutive or non-consecutive months over the last 24 months
- held a job in one of these jobs or areas
- proven uninterrupted residence in France for at least three years and
- a clean criminal record (“bulletin n°2”) with no convictions, inabilities or disqualifications
There is discretion to refuse regularization even if the above conditions are met. Préfets will have to take into account the social and family integration of the illegal workers, whether they comply with public order, whether they are integrated into French society and whether they embrace the way of life and values of French society and the principles of the Republic.
Other changes include training for foreign non-French speaking employees, and social security benefits for foreign nationals who are not EU nationals.
Employer implications/action needed Employers should note the changes and review their policies and procedures for the employment of foreign workers to ensure compliance.
Employer risk Employers that fail to comply with the new requirements risk the payment of damages. Employers should remain alert to the prohibition on hiring or employing a foreign worker without authorization (such offence being punished by criminal penalties and administrative sanctions).
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