In this time of economic crisis, we are searching for a scapegoat to blame for all the woes. It is the easy path, which leads nowhere but helps to ease our conscience.
Yet it is the preferred path for all those who think that pointing to a culprit will relieve us of our difficulties. In the debate a few years ago, the “Polish plumber” had his moment of glory.
Today, the trend is to accuse foreigners (who are often Europeans with the same rights as us) of taking the place of national workers. Fact? Fiction?
This article provides an update on the professional presence of foreigners in the Alpes Maritimes and the legal issues involved. We thank the author for shedding light on many misconceptions.
In Europe, the first half of 2014 was marked by the end of hiring restrictions for Romanians and Bulgarians, as well as the revision of texts on posted workers.
These two developments are the latest in a long series of controversies, which peaked during the campaign on the Constitutional Treaty in 2005, with the figure of the “Polish plumber”: for some, he was going to steal jobs from the French, for others, he would be at the mercy of unscrupulous employers.
Beyond caricatures, these fears reflect concerns that governments have recognized and that regulations had to take into account.
A real attractiveness for companies, mixed feelings for workers
The Côte d’Azur offers exceptional landscapes and climate, attracting more than 5 million foreign tourists each year. Economically, it offers great opportunities and remains very attractive as a result. But for whom exactly? Talking about professional attractiveness actually involves several categories of actors. On the one hand, there are companies classified as foreign either because their share capital is entirely or mostly owned by companies registered abroad, or because decision-making power is held by agents residing outside France (which usually goes hand in hand).
On the other hand, there is the workforce, the employees who are seeking a job. The specific situations of these employees are very diverse: some establish their permanent residence, others are on a temporary mission, either for themselves or for a company from their home country.
It is apparent that establishing businesses, especially during times of crisis, is a widely shared priority. In comparison to French figures, the Alpes Maritimes indeed stands out, attracting more than a third of foreign investments in the Provence Alpes Côte d’Azur region, which ranks third nationally after Ile-de-France and the Rhône-Alpes region (EY Barometer 2013). According to the Sirius Economic Observatory of the CCI Nice Côte d’Azur, there were 16 new foreign-capital business establishments in the department in 2013, in addition to the 1100 companies already present.
The majority of these companies originate from EU member countries (20% United Kingdom, 10% Italy, 9% Luxembourg, 7% Belgium, 7% Germany). As for employment numbers, American companies employ 6000 people, while British, German, Spanish, and Luxembourg establishments equally share 14,000 employees. This totals approximately 30,000 people, representing 6% of the salaried workforce in the department.
Assessing the attractiveness of the Côte d’Azur to workers is not easy. Data on residence permits for non-European nationals, detailing the reason, is not relevant below the national level since they can move after their first job.
Community nationals no longer need work authorization (except for Bulgarians and Romanians until 2014; necessary for Croatian citizens). According to INSEE data based on censuses, the share of foreigners in the workforce of the department ranges from 8.4% to 8.9% respectively in 2006 and 2011, while the total workforce grew at about the same pace. There is no “boom” in foreign workers across all sectors (a higher percentage in agriculture and construction does not mean an increase in their recruitment).
For businesses with foreign capital, the applicable regulation is quite simple: operating a permanent activity in France, they are supposed to behave like “French” companies and apply the entire labor code, whether their employees are French or not. When examining specific cases, such as a temporary position filled by a foreign national, or collaboration with an independent entrepreneur registered outside France, situations become much more complex.
Pierre-Marie Vague, European Movement Alpes Maritimes
