Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

Migration for Employment Convention (Revised), 1949 (No. 97) - France (Ratification: 1954)

Articles 2 and 7(2) of the Convention. Free nature of the services to assist migrant workers and operations carried out by the public employment services. The Committee notes the Government’s indication, in its report, according to which, since the Finance Act of 2017, the French Immigration and Integration Office (OFII) and its activities are no longer financed by the tax levied on residence permits. The sums raised go in part to the National Agency for Secure Documents (ANTS), to cover the costs related to producing and delivering the documents, with the residue paid into the general State budget. The Committee therefore notes that migrant workers no longer bear the cost of the activities covered by Articles 2 (assistance, advice and information services for migrants) and 7(2) of the Convention (operations carried out by the public employment services), which activities are financed through independent public resources. This information responds to the Committee’s questions.

Article 6(1)(a)(i). Equality of treatment. Conditions of employment. The Committee notes the data collected by the National Institute for Statistics and Economic Studies (INSEE, Ministry of Economic and Financial Affairs) in its 2023 report “Immigrés et descendants d’immigrés en France” (“Immigrants and descendants of immigrants in France”) (noting that an “immigrant” within the meaning of the report is a person born abroad as a foreigner and resident in France, and therefore includes migrants having acquired French nationality). It notes that: (1) between 25 and 49 years of age, the labour participation rate of female immigrants is 24 points below that of male immigrants and that, for women, the rate varies strongly according to country of origin; (2) immigrants more frequently hold limited duration contracts (fixed-term or temporary contracts) and are more exposed to part-time employment (above all women) and under-employment; (3) the median net monthly wage of immigrants aged between 15 and 74 years in full-time employment is 11 per cent lower than that of persons without direct migrant ascendants (with variations according to geographical origin), only partly explained by the different characteristics (qualifications, sector of activity) of the jobs occupied; (4) the unemployment rate for immigrants (13 per cent) is notably higher than for persons without direct migrant ascendants (7 per cent); and (5) at a comparable level of qualification, immigrants are less frequently promoted than the non-immigrant population (immigrant nationals of the 27 countries of the European Union) are better off in this respect than the nationals of other countries). In this connection, the Committee recalls that the United Nations Committee on Economic, Social and Cultural Rights, in its concluding observations of October 2023, was concerned by reports that migrants continue to experience difficulties in gaining access to work (E/C.12/FRA/CO/5, 30 October 2023, para. 20). Finally, it notes that the Government refers, in its report, to the Multi-year National Action Plan for the Labour Inspection system 2023–2025, which includes among its objectives the reduction of inequalities and the protection of workers of foreign nationality. The Committee requests the Government to indicate the measures taken or envisaged to combat discrimination and promote equality of treatment of migrant workers in employment.