Determining labour shortages and the need for labour migration · EMN Focussed Study 2015: Determining labour shortages and the need for labour migration 2 PRESENTATION OF THE FRENCH

EMN Focussed Study 2015: Determining labour shortages and the need for labour migration

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Co-funded by the European Union

First Focussed Study 2015

Determining labour shortages and the need

for labour migration

French Contact Point for the European Migration Network

May 2015


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PRESENTATION OF THE FRENCH CONTACT POINT

• Contacts

- Marie-Hélène AMIEL: [email protected]

Head of Department for Statistics, Studies and Documentation

- Raymond PRATS: [email protected]

Deputy Head of Department

- Ophélie TARDIEU: [email protected]

Coordinator of the French National Contact Point

- Christelle CAPORALI-PETIT : [email protected]

Policy officer within the European Migration Network

- Anne-Cécile JARASSE: [email protected]

Policy officer within the European Migration Network

• Address Point de contact national du Réseau européen des migrations

Département des statistiques, des études et de la documentation

Direction générale des étrangers en France

Ministère de l’Intérieur

Place Beauvau

75800 Paris Cedex 08

• Internet sites - Official EMN website (in English): http://emn.europa.eu

- French National Contact Point of EMN website:

http://www.immigration.interieur.gouv.fr/Europe-International/Le-reseau-europeen-des-migrations-

REM

French Contact Point:

In France, the National Contact Point (NCP) for the European Migration Network (EMN) is attached to the

Directorate-General for Foreign Nationals in France of the Ministry of the Interior.


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DETERMINING LABOUR SHORTAGES AND THE NEED FOR LABOUR MIGRATION

Study conducted by the French Contact Point

for the European Migration Network (EMN)

May 2015

Disclaimer:

The French Contact point for the EMN has provided information that is, to the best of its knowledge,

up-to-date and objective, within the context and scope of this study. However, the information may not

be exhaustive and representative of the entirety of the official policy in France. The French Contact

point for the EMN shall not be held liable, under any circumstances, for the use made of the information

contained in this study.


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Acronyms

ANAEM: French National Agency for the Reception of Foreigners and Migrants, (Agence Nationale de l’Accueil des Étrangers et des Migrants) which became the French Office for Immigration and Integration (OFII) in 2009

ANPE: French National Employment Agency (Agence Nationale pour l’Emploi), which merged with the Assedic network in 2008 to become Pôle Emploi

APEC: Association for Professional Recruitment (Association Pour les Emplois des Cadres)

CAS: Strategic Analysis Council (Conseil d’Analyse Stratégique) which in 2013 became the General Commission for Strategy and Economic Foresight (Commissariat Général à la Stratégie et la Prospective), more commonly known as France Stratégie

CESEDA: Code on Entry and Residence of Foreigners and Right of Asylum (Code de l’entrée et de séjour des étrangers et droit d’asile)

COE: French Employment Counselling and Advisory Board (Conseil d’Orientation pour l’Emploi), an expert discussion body on all employment-related issues, under the auspices of the Prime Minister

CREDOC: Research Centre for the Study and Observation of Living Conditions (Centre de Recherche pour l’Étude et l’Observation des Conditions de Vie)

DARES: Directorate for Research and Statistics (Direction de l’Animation de la Recherche, des Études et des Statistiques)

DGEF: General Directorate for Foreigners in France (Direction Générale des Étrangers en France) under the auspices of the Ministry of the Interior

DGEFP: General Directorate for Employment and Vocational Training (Direction Générale à l’Emploi et à la Formation Professionnelle) within the Ministry for Labour, Employment, Vocational Training and Social Dialogue.

DGT: General Directorate for Labour (Direction Générale du Travail) within the Ministry for Labour, Employment, Vocational Training and Social Dialogue.

DIRECCTE: Regional Directorate for Business, Competition, Consumer Affairs, Labour and Employment (Direction Régionale des Entreprises, de la Concurrence, de la Consommation, du Travail et de l’Emploi) a decentralised department under the joint responsibility of the Ministry for Labour, Employment, Vocational Training and Social Dialogue and the Ministry for the Economy, Finance and Industry.

DRTEFP: Regional Directorate for Labour, Employment and Vocational Training (Direction Régionale du Travail, de l’Emploi et de la Formation Professionnelle), a decentralised department under the Ministry for Employment.

FAP: Professional groups (Familles professionnelles)


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ISCO: International Standard Classification of Occupations

INSEE: National Institute for Statistics and Economic Research (Institut National de la Statistique et des Études Économiques)

MAE: Ministry for Foreign Affairs, which became the Ministry for Foreign Affairs and International Development (MAEDI) in 2014

ROME: Operational Directory of Professions and Occupations (Répértoire Opérationnel des Métiers et des Emplois)


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TABLE OF CONTENTS

EXECUTIVE SUMMARY ......................................................................................................................8

SECTION 1: GENERAL OVERVIEW OF THE NATIONAL LABOUR MIGRATION POLICY AND RECENT PUBLIC AND POLICY DEBATES ON LABOUR MIGR ATION IN FRANCE .............................................................................................................................................. 10

Q1. Description of the national labour migration policy functions in France. .................................. 10

Q1.a. Are conditions for entry and stay for (categories of) third country nationals provided in national legislation linked to shortage occupations? ..................................................................... 10

Q1.b. Instruments in place in France for managing economic migration (quotas, labour market tests, points-based systems, other instruments) and their links to labour shortages identified...... 11

Q1.c. To what extent does France view immigration as a tool to address labour shortages? What overall role for migration to address labour shortages is envisaged by policy in France? ............ 12

Q2. Description of recent public and policy debates in the area of labour migration, especially with regard to debates on how labour migration is planned to be utilised to address labour market shortages. ........................................................................................................................................... 15

SECTION 2: OVERVIEW OF INSTRUMENTS USED FOR IDENTIF YING CURRENT AND FUTURE LABOUR AND SKILLS SHORTAGES AND FOR ANTICIPA TING THE NEED FOR LABOUR MIGRATION .................................................................................................................... 17

Q3. Definition and classification of labour shortages ....................................................................... 17

Q3.a. How are labour shortages defined, identified and classified in France? .............................. 17

Q3.b. The level of analysis (e.g. by sectors, by occupations or by qualifications or skill levels) . 21

Q3.c. Classifications of shortages in legislation or soft law .......................................................... 21

Q3.d. To what extent the level of analysis includes region/local level? ........................................ 22

Q4. Has France established any distinctions between different types of labour shortages, such as short-term and longer-term shortages, cyclical shortages and structural shortages?......................... 22

Q5. Instruments/tools used in France to identify labour shortages and the need for migration labour. ................................................................................................................................................ 23

Q6. Concerning lists of shortage occupations, description of: .......................................................... 29

Q6.a. The process for developing shortage occupation lists ......................................................... 29

Q6.b. The criteria for selecting the shortage occupations ............................................................. 30

Q6.c. Organisations/institutions playing a role in determining lists of shortage occupations ....... 31

Q6.d. The update of the lists of shortage occupations ................................................................... 31

Q7. The use for policy purposes of the instruments and tools used for identifying labour market shortages (Is there a formalised mechanism to disseminate the information produced?) ................. 32

Q8. Use of tools/mechanisms for identifying labour market shortages to determine policy instruments for managing economic migration ................................................................................. 32

Q9. Existence of mechanisms or tools to monitor intra-EU mobility of workers filling job vacancies in the national labour market or leaving to work in other Member States ........................................ 33


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Q10. The role of social partners and other stakeholders in identifying the need for migrant labour. mechanism to consult/involve social partners in identifying the anticipated need for migrant labour. ................................................................................................................................................ 34

Q11. Summary of the results/findings of instruments used in France (see Q.5) to identify labour shortages and the need for migrant workers. ..................................................................................... 34

Q12. The challenges and risks of labour migration ........................................................................... 38

Q12.a. Challenges and risks associated with the use of instruments for identifyign labour shortages and the need for migration labour in France ................................................................. 38

Q12.b. Existence of shortage occupations which are not addressed through labour migration .... 39

SECTION 3: MONITORING THE OUTCOMES OF LABOUR MIGRAT ION POLICY IN RELATION TO SHORTAGE OCCUPATIONS ............................................................................. 40

Q13. Monitoring of the outcomes of labour migration policies in relation to shortage occupations 40

Q13.a. Monitoring mechanisms (e.g. workforce analysis, analysis of types and number of work permits granted, sectoral analysis, discussions with employers, etc.) ........................................... 40

Q13.b. Monitoring level of labour migration policy outcomes ..................................................... 40

Q13.c. Organisations carrying out such monitoring ...................................................................... 41

Q13.d. Monitoring in legislation or soft law ................................................................................. 41

Q14. Use for each of the instruments and tools used for monitoring the outcomes of labour migration policy in relation to shortage occupations ........................................................................ 41

Q15. Role of social partners (including organised representatives of employers and employees) and other stakeholders in monitoring the effects of labour migration on the labour market ................... 41

Q16. Challenges associated with monitoring the outcomes of labour migration policy in relation to shortage occupations and impact of labour migration on the labour market at large ........................ 42

ANNEX 1 - SHORTAGE OCCUPATIONS ..................................................................................... 44

A1. Workers employed by selected occupation and estimated unfilled positions (statistic for the latest available year) .......................................................................................................................... 44

A2. Top 30 professions included in the list of 30 shortage occupations (statistics for the last available year) by occupational classification ................................................................................... 49

ANNEX 2 - LIST OF SHORTAGE OCCUPATIONS SET BY DECREE .................................... 54

ANNEX 3 – LIST OF PEOPLE INTERVIEWED OR HAVING CONT RIBUTED TO THE STUDY ................................................................................................................................................. 64

ANNEX 4 - BIBLIOGRAPHY ........................................................................................................... 67


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EXECUTIVE SUMMARY

The European labour market faces several challenges: an ageing society, rapid technological changes, increasing demand for highly skilled labour and uncertainty about the future growth of European economies. It is, therefore, essential to identify and address labour market shortages which could affect growth through their adverse effects on labour productivity. These discussions take place within the context of the Europe 2020 Strategy, the EU’s strategy to promote growth and employment. One of the objectives is to create jobs and skills and to reach an employment rate of 75%. To respond to economic and demographic realities, EU Member States have developed a competitiveness policy to attract talent and skills with a sectoral approach to legal migration and flexible admission mechanisms which respond to each State’s priorities. The aim of this study is to establish the connections between migration policy and labour shortages in France.

The first part of this study sets out the national immigration policy and recent public discussions on labour migration.

It examines the extent to which conditions of entry and residence for third-country nationals in France are directly connected to labour shortages, as well as the policy instruments used to manage labour migration.

It then presents recent public discussions on labour migration, particularly on the ways in which labour migration is used to respond to labour market shortages.

The second part initially presents research and analysis to identify labour market and skills shortages.

It then looks at the process of drafting lists of shortage occupations and identifying the stakeholders involved in drafting these lists. Finally, it analyses the conclusions of these instruments and presents the associated risks and challenges of using them in connection with the needs for labour migration.

It demonstrates that, although sectoral and foresight research and analyses aim to identify labour and skills shortages, there does not appear to be any link between this research and lists of shortage occupations which are established in connection with labour migration.

The third part monitors the outcomes of labour migration policy in terms of labour market shortages by examining the tools and mechanisms and by studying the use of these instruments, the role of the social partners and other stakeholders. It also presents the challenges and risks associated with using these tools.

The elements presented may raise questions about the connections between the labour market analysis tools which have been established by the government, the needs of business, and current migration policy.


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Finally, this study presents possible areas for reflection to develop a new mechanism which would enable the labour market to continue to be protected and to respond more appropriately to the needs of the French economy.


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SECTION 1: GENERAL OVERVIEW OF THE NATIONAL LABOUR MIGRATION POLICY AND RECENT PUBLIC AND POLICY DEBAT ES ON LABOUR MIGRATION IN FRANCE

Q1. DESCRIPTION OF THE NATIONAL LABOUR MIGRATION POLICY FUNCTIONS IN FRANCE.

Q1.A. ARE CONDITIONS FOR ENTRY AND STAY FOR (CATEGORIES OF) THIRD COUNTRY NATIONALS PROVIDED IN NATIONAL LEGISLATION LINKED TO SHORTAGE OCCUPATIONS?

Immigration policy in France has traditionally focused on two areas: family/humanitarian migration and labour migration. The connection between these two areas has changed over time, depending on the economic situation of the country. Thus, labour shortages or increases in unemployment have resulted in more foreign workers entering the country or, in contrast, have reduced labour migration. Today, with more than 17,800 admissions for residence being granted to third country nationals, i.e. more than 8% of new admissions for residence, labour migration is in third place behind family immigration and student immigration, which represent 45% and 30% of admissions respectively. Admission for residence of third-country nationals Reasons for admission 2013 (provisional) A. Economic 17,832 B. Family 93,173 C. Student 62,614 D. Other 12,952 E. Humanitarian 17,425 Total 203,996

Source: Report to Parliament 2013

In order to work in France, a third-country national must apply in advance for a work permit and/or residence permit. This is granted if various criteria are met, in particular identical conditions of employment and remuneration between French and foreign employees for salaried work, the feasibility of an economic project, etc. Applications for a work permit for salaried work are subject to examination of various criteria set out in the Labour Code,1 in particular:

– the employment situation is not applicable ; – the professional qualifications of the applicant match the job being offered

(qualifications, career experience, etc.); – employment and remuneration conditions must be the same as that for other workers in

the same occupational group;

1 Article R. 5221-20: http://www.legifrance.gouv.fr/affichCodeArticle.do?cidTexte=LEGITEXT000006072050&idArticle=LEGIARTI000018495606&dateTexte=&categorieLien=cid


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– the gross monthly salary must be at least equivalent to the minimum monthly wage (Salaire Minimum Interprofessionnel de Croissance - SMIC);2

– the employer complies with labour and social protection legislation.

The specific case of foreigners who reside illegally in France should be reported. The exceptional admission for residence mechanism takes into account elements which may contribute towards the assessment of individual situations. Foreigners may, therefore, be regularised on the grounds of private and family life or for work reasons if they can demonstrate that they have lived and worked in the country with an employment contract in line with the legislation in force. In this case, the employment situation is not applicable to refuse the application for permission to work. This is a significant way of accessing the French labour market for sectors which often face proven recruitment difficulties and which often include poorly qualified jobs.

Volume of exceptional admissions for residence of foreign nationals (France as a whole)

2013

Private and family life 30,536

Employee 4,403 Students 331

Total 35,270 Source: DSED/DGEF/Ministry of the Interior

The employment situation is the main criterion used by the authorities, i.e. the Prefect who takes the decision whether or not to grant a work permit. This criteria was established in 1974 to protect the national labour market. Its main aim is to promote integration into the labour market of job seekers and foreigners who reside legally on French territory, regardless of their nationality.

This is the principle of preference for the national and European labour market.

Q1.B. INSTRUMENTS IN PLACE IN FRANCE FOR MANAGING ECONOMIC MIGRATION (QUOTAS, LABOUR MARKET TESTS, POINTS-BASED SYSTEMS, OTHER INSTRUMENTS) AND THEIR LINKS TO LABOUR SHORTAGES IDENTIFIED

Two aspects are taken account in determining the ‘employment situation’ criterion: pressure on the labour market for the job in question (relationship between supply and demand) and what the employer has already done to look for candidates. Foreign nationals who are not eligible for the specific flexible procedures (see Box page 14) and who are recruited for a salaried position in a sector and geographic zone which is facing recruitment difficulties and which features on a national list drawn up by the administrative authorities, cannot be refused a work permit on the grounds of the employment situation.

2 For information, on 1 January 2015, the SMIC amounted to €9.61 gross per hour.


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Different lists exist according to whether the employee is a third country national (or from a new EU Member State - subject to a transitional period in relation to the free movement of its workers),3 or when they fall within a bilateral joint management agreement where a specific list of shortage occupations has been established4 Foreign nationals, therefore, remain subject to the employment situation criteria when:

- their occupation is not listed in a bilateral agreement which is applicable given their nationality;

- their occupation is not listed in the Decree of 18 January 20085 applicable to third country nationals, with the exclusion of Algerian nationals, who are exclusively covered by the French-Algerian agreement of 27 December 1968, revised (or that of 1 October 20126 for EU nationals during transitional periods);

- and they are applying for a residence permit which is not covered by the relaxed procedures.

When a foreign national cannot claim to fall within one of these exceptions, the employment situation criterion must therefore be verified. This verification is conducted while assessing the application for a work permit: the employer must provide proof of having looked for candidates with Pôle Emploi or another body providing similar services to the public employment service (such as the Association for Professional Recruitment (APEC), temporary work agencies, etc.). If candidates have applied for the vacancy, the employer must explain why they were not selected and mention any specific nature of the position.

They must then study the job statistics provided by the statistical departments of the Regional Directorates for Business, Competition, Consumer Affairs, Labour and Employment (DIRECCTE) to find out for a given post within a specific employment area or region, the number of job seekers, the number of registered vacancies according to length of contract, the leakage rate for job vacancies and the rate at which vacancies are filled.7

By comparing this information, it can be checked whether the employer has indeed already sought applicants, if research for candidates are ‘honest’ and genuine, and if, despite unfavourable statistics (indicating a high unemployment rate), it is possible to recruit a foreign employee because of a certain feature of the position or specific skills of the employee.

Q1.C. TO WHAT EXTENT DOES FRANCE VIEW IMMIGRATION AS A TOOL TO ADDRESS LABOUR SHORTAGES? WHAT OVERALL ROLE FOR MIGRATION TO ADDRESS LABOUR SHORTAGES IS ENVISAGED BY POLICY IN FRANCE?

3 Croatia became a member of the EU on 1 July 2013 and was subject as such to transitional measures for a period of two years until July 1, 2015. 4 The list of shortage occupations in bilateral agreements is available in the Annex 2 - list of bilateral agreements available on: http://www.immigration-professionnelle.gouv.fr/proc%C3%A9dures/m%C3%A9tiers-en-tension 5 Decree of 18 January 2008: http://www.legifrance.gouv.fr/affichTexte.do?cidTexte=JORFTEXT000017937372 6 Decree of 1 October 2012: http://www.legifrance.gouv.fr/affichTexte.do?cidTexte=JORFTEXT000026483654&dateTexte=&categorieLien=id 7 See glossary on page 20.


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For several years, France has followed a policy of welcoming talent which does not respond to labour shortages but focusses on welcoming target groups who can contribute towards the economic development and reputation of France. This policy, which aims to revive labour immigration, is also based on a precise evaluation of ‘the need for labour migration’.8 Thus of the 17,832 first residence permits issued in 2013 for economic reasons (for a stay of more than three months), only certain categories of employee received a work permit after having checked that the employment situation permitted them to be recruited (see the table on p.14). It can therefore be estimated that fewer than 10,000 foreign nationals are subject each year to the principle of the employment situation for a wok permit application. However, this estimate does not take into account two factors enabling exemption from this criteria, namely nationality and the occupation in question, which mean the employee may be eligible for the list of shortage occupations. Moreover, it should be noted that family immigration is the most significant vector in terms of migration flows, representing more than 45% of all admissions for residence in 2013. This population has direct access to the labour market, and is therefore not covered by the mechanisms which have been established to protect the national labour market. This is also the case for humanitarian immigration (8% of total admissions). To conclude, only a limited number of foreigners moving to France to take up paid employment are subject to the employment situation criterion and will be recruited to respond to labour market needs as the result of a lack of available applicants in the labour market.

8 Report of the French Council of Economic Analysis (Conseil d’Analyse Économique): Immigration, qualifications et marché du travail, La Documentation Française, 2009 (p. 42)


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The criterion of the employment situation per legal grounds of labour migration Categories of foreigners who are not subject to the employment situation principle:

- students holding a qualification at least equivalent to a master’s degree may seek a Provisional Residence Permit (Autorisation Provisoire de Séjour - APS)9 with a view to seeking their first work experience, as long as they fulfil the criteria for remuneration and employment in line with qualification obtained;

- foreigners arriving within the context of intra-group transfers as well as highly qualified workers who respond to remuneration and specific career profiles;10

- artists, in light of their particular professional activity;11 - holders of the ‘skills and talents’ card;12 - scientists;13 - certain categories of employees falling within bilateral agreements (for example,

‘working holiday’ visas,14 young professionals,15 French-Russian agreement16) The various legal grounds of labour migration in terms of the employment situation criterion:

2013 The employment situation

criterion 1 - Skills and talent 251 NO 2 - Non-employed worker 150 NO 3 - Scientist 3,029 NO 4 - Artist 147 NO

5 – Salaried Employee

12,981

YES, except for intra corporate transferees, holders of European blue cards (EBCs) and students holding a

provisional residence permit (Autorisation provisoire de séjour -

APS) INCLUDING

- intra corporate transferees (three years permit) 2,388 NO

- Holders of European blue cards (EBCs) 371 NO

- Students who have changed their status to employee

5,500 (estimate)

YES, other than those holding an APS*

6 - Seasonal or temporary worker 1,274 YES for other than posted workers INCLUDING seasonal workers (three years permit) 857 YES TOTAL 17,832

Source: Ministry of the Interior - DGEF - DSED). *Number of APS issued to students looking for employment in 2013: 5,484 (provisional figure) 9 Article L.311-11 of CESEDA (Code on Entry and Residence of Foreigners and Right of Asylum) 10 Article L.313-10, paragraphs 5 and 6 of CESEDA 11 Article L.311-9 of CESEDA 12 Article L.311-1 of CESEDA 13 Article L.311-8 of CESEDA 14Articles R. 311-3, 3b of CESEDA and R.5221-13, paragraph 15 of the Labour Code 15 http://www.immigration-professionnelle.gouv.fr/proc%C3%A9dures/fiche/jeunes-professionnels 16 http://www.immigration-professionnelle.gouv.fr/textes-de-référence/accords-bilatéraux/accord-france-russie


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Q2. DESCRIPTION OF RECENT PUBLIC AND POLICY DEBATES IN THE AREA OF LABOUR MIGRATION, ESPECIALLY WITH REGARD TO DEBATES ON HOW LABOUR MIGRATION IS PLANNED TO BE UTILISED TO ADDRESS LABOUR MARKET SHORTAGES.

In 2012, the French President agreed to organise a parliamentary debate on labour immigration for the purposes of employment and study. The backdrop to this debate is the National Pact for Growth, Competitiveness and Employment,17 adopted on 6 November 2012. This Pact focusses particularly upon strengthening France’s attractiveness by ‘welcoming foreign talent and professional visitors who can contribute to the dynamism and reputation of the French economy’.18 Discussions therefore took place in 2013 in the context of organising this debate without a vote. As background to the discussions, statistics were produced on immigration in France, Europe and the world, and consultation meetings were held with civil society stakeholders, such as employers’ and workers’ organisations (the Confédération Française Démocratiques du Travail - CFDT, the Confédération Générale du Patronat des Petites et Moyennes Entreprises - CGPME, the Confédération Générale du Travail - CGT and the Collective du 31 Mai), representatives of the world of business (the Invest in France Agency - IFA, the CINDEX), representatives of universities and students (the Conférence des Directeurs d’Écoles Françaises d’Ingénieurs - CDEFI, the Conférence des Grandes Écoles - CGE, the Confédération des Jeunes Chercheurs - CJC, the Union Nationale des Étudiants en France - UNEF) and managers of non-governmental organisations. In terms of the work permit regime, discussions confirmed the principle of maintaining the work permit which would dissuade the entry of foreign workers into non-shortage occupations. Moreover, it was deemed to be ‘dangerous to change the general balance of the legislation relating to the recruitment of foreign workers.’19 In addition, a ‘discussion on prioritising the elements involved in evaluating applications and the creation of a more sophisticated grid to assess regional labour needs’ was planned.20 Indeed, it was considered that ‘labour migration must respond to structural difficu lties in the labour market, while remaining flexible in light of temporary realities. It should not be disconnected from employment and vocational training policies, whether on the national or regional levels.’21 It also emerged from the discussions that the employment situation criterion is used less and less as part of the policy to promote the attractiveness of France. Consequently, it was suggested

17 http://www.economie.gouv.fr/ma-competitivite/pacte-national-croissance-competitivite-emploi 18 http://www.economie.gouv.fr/files/files/import/feuilleteur/sources/indexPop.htm

19 According to the preparatory document for the debate without a vote on migration for employment and study purposes, as well as statistics on labour and student migration: http://www.interieur.gouv.fr/Actualites/L-actu-du-Ministere/Document-preparatoire-au-debat-sans-vote-sur-l-immigration-professionnelle-et-etudiante

20 Ibid. 21 Ibid.


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that ‘new, stable rules are found which can be rapidly applied and can effectively protect the labour market while responding to our economy’s needs.’22 Other work on immigration also took place in 2013 and 2014.23 The conclusions of these reports focus on the conditions under which foreigners are received and on measures to promote the attractiveness of France for foreign talent, but do not address the issue of labour market shortages.

22 Ibid.

23 In April 2013, a report on welcoming foreign talent was submitted to the Ministers of Foreign Affairs, the Economy and Finance, the Interior, Foreign Trade, Economic Regeneration, Further Education and Research, and Small and Medium-sized Enterprises, Innovation and the Digital Economy. Twenty-seven recommendations were made, particularly relating to measures aiming to encourage outstanding international candidates, and thus to ensure that administrative limits on entry and residence are as flexible as possible for those whom France wishes to attract (http://www.interieur.gouv.fr/Publications/Rapports-de-l-IGA/Immigration/Accueil-des-talents-etrangers). In May 2014, Member of Parliament Matthias Fekl submitted a report to the Prime Minister entitled ‘A Secure Path for Foreign Nationals in France’ (Sécuriser les parcours des ressortissants étrangers en France) focussing on implementing the multi-annual residence permit, improving reception and procedures for processing applications submitted by foreign nationals in Préfectures, as well as the judicial review of detention and removal. This report sets out 25 recommendations in response to questions which had been raised (www.immigration.interieur.gouv.fr/.../Synthese-rapport -Fekl-V3.pdf).


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SECTION 2: OVERVIEW OF INSTRUMENTS USED FOR IDENTIF YING CURRENT AND FUTURE LABOUR AND SKILLS SHORTAGES AND FOR ANTICIPATING THE NEED FOR LABOUR MIGRATION

Q3. DEFINITION AND CLASSIFICATION OF LABOUR SHORTAGES

Q3.A. HOW ARE LABOUR SHORTAGES DEFINED, IDENTIFIED AND CLASSIFIED IN FRANCE?

The labour market is characterised by constant flows of jobs being created and destroyed. The reports also mention vacant positions, labour shortages, shortage occupations and supply which does not meet demand. These terms should first be defined. Labour shortage refers to a quantitative lack of labour in relation to demand at a certain salary level, while shortage occupations refers to recruitment difficulties encountered by the employer where the supply of labour exists but is difficult to access at a given time due to lack of mobility, qualifications, excessive turn-over or lack of attractiveness of certain occupations. The use of the terms ‘needs’ and ‘shortages’ is often criticised as being irrelevant. Indeed, in economics, ‘shortages’ are determined on the basis of a quantitative macroeconomic analysis of pressure, namely the way in which supply and demand adjust to one another.24 If demand for employment is insufficient in relation to the corresponding supply, the labour market is said to be ‘tight’. Shortage occupations, ‘recruitment needs or difficulties’, are considered from the employer’s perspective, hence more from a qualitative microeconomic analysis.25 Similarly, according to the DIRECCTE Île-de-France Research, Statistics and Evaluation Service (Service études, statistiques, évaluation), the concept of ‘labour shortage’ is inappropriate. It is preferable to use the term ‘indicator of tension’.26 In terms of issuing a work permit, the legislator also refers to ‘recruitment difficulties’ (see R.5221-20 of the Labour Code), rather than labour shortages. Often, in France, these two terms are related and are considered as synonyms. However, there may be difficulties in recruiting labour without there being a labour shortage. According to France Stratégie,27 there are different ways of observing certain shortage occupations and labour shortages:

24 Report of the French Council of Economic Analysis (Conseil d’Analyse Économique): Immigration, qualifications et marché du travail, La Documentation Française, 2009, http://www.ladocumentationfrancaise.fr/rapports-publics/094000300/ 25 According to the BREF – Île-de-France supplement from DIRECTTE, No. 14, November 2008. 26 Interview conducted in April 2015 with representatives of DIRECCTE Île-de-France. 27 Interview conducted in March 2015 with representatives of France Stratégie.


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- Through the unemployment rate or demand for employment (number of job seekers / number of jobs);

- By observing the way in which the labour market operates and variations/imbalances between supply and demand;

- Through surveys conducted directly with employers on their recruitment difficulties; - Through the rate of unfilled vacancies; - Through variations and changes in salary levels (this tool is not used in France to identify

labour shortages). These approaches described by France Stratégie can be found in studies, investigations and reports on labour shortages in France but vary in terms of the indicators used, the chosen angle of analysis and the objective.

� Analyses of pressures and unfilled vacancies by sector of activity.

Such analyses enable rates of unfilled vacancies by sector of activity to be determined, such as the quarterly report ‘Labour employment activities and conditions’ (Activités et conditions d’emploi de la main d’œuvre), known as Acemo28 conducted by the Directorate for Research, Studies and Statistics (DARES). They also enable labour market pressures to be identified, such as the quarterly report published by DARES. This report analyses the indicator of labour market pressure which compares job offers collected by Pôle Emploi (French national employment services) with job seekers registered by Pôle Emploi.29 The 2013 report by the French Employment Counselling and Advisory Board (COE)30 entitled ‘Long-term vacant positions and recruitment difficulties’ (Emplois durablement vacants et (les) difficultés de recrutement’) presents the various statistical instruments which identify vacant positions for job seekers, identifies occupations to which employers find it difficult to recruit, and draws up typologies of reasons for these recruitment difficulties as well as suggestions for combating these recruitment difficulties.

� Surveys of employers on their recruitment needs and difficulties by occupation These surveys involve surveying employers directly about their recruitment needs and difficulties. Thus, the ‘Labour Market Needs’ survey (Besoins de Main d’œuvre - BMO),31 which is conducted annually by Pôle Emploi with establishments in the private sector, agricultural sector and certain public sector establishments, measures employers’ recruitment intentions and the recruitment difficulties anticipated for the year ahead, by occupation, sector of activity and area of employment. The results of this survey may improve the way in which job seekers are referred to training or occupations which match the needs of the labour market.

28 DARES study: Activités et conditions d’emploi de la main d’œuvre, known as Acemo, http://travail-emploi.gouv.fr/etudes-recherches-statistiques-de,76/statistiques,78/salaires-et-epargne-salariale,86/aide-a-la-reponse-a-l-enquete,654/l-enquete-trimestrielle-acemo,4108.html 29 Quarterly report from DARES on labour market pressures, http://travail-emploi.gouv.fr/IMG/pdf/2015-018.pdf 30 COE report: Emplois durablement vacants et difficultés de recrutement, 2013, http://www.coe.gouv.fr/Adoption-du-rapport-Emplois-durablement-vacants-et-difficultes-de-recrutement.html 31 Pôle Emploi survey: Besoins de main d’œuvre, known as BMO, 2015, http://bmo.pole-emploi.org/static/bmo2015


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Some professional branches have also established observatories (Mouvement des Entreprises de France - MEDEF; Union des Industries et des Métiers de la Métallurgie - UIMM; the construction and public works sector - BTP) to identify their recruitment needs and difficulties by occupation, to understand the difficulties encountered and to identify the skill sets required (see page 36-37). The Manpower Group also conducts an annual ‘Talent Shortage Survey’32 in 42 countries and regions to measure the proportion of employers facing recruitment difficulties, to identify positions which are difficult to fill and to determine shortfalls in skills preventing access to employment. Finally, the National Institute for Statistics and Economic Research (INSEE)33 asks questions on recruitment difficulties in its business surveys which contribute towards a general picture of the French economy.

� Foresight and/or forecasting analyses While the analyses of the sector and surveys with employers presented above analyse the situation of the labour market by comparing demand and supply, foresight and forecasting analyses focus on the evolution of the labour market in the coming years. Thus, France Stratégie, in partnership with DARES, conducts a Forward Looking Analysis of Occupations and Qualifications (Prospective des métiers et des qualifications - PMQ) for the medium to long term. The last publication, ‘Occupations in 2022’ (Les métiers en 2022),34 updated the macroeconomic projections upon which the preceding exercise, conducted in 2012, was based, which did not take into account the economic downturn observed in 2011. Broken down into 85 occupations, this study provides projections about the number of departures into retirement and net jobs created per occupation. Projections of changes in jobs by sector are also provided. This exercise does not, however, include any systematic comparison of supply and demand by occupation. In contrast, it highlights anticipated vacancies (creation of net jobs and departures into retirement) in the medium to long term, the current trends by which occupations are filled (types of labour used, any turn-over, etc.) and current recruitment difficulties being experienced. Several forward looking analyses have also been conducted by observatories on sectors of activity and regional job-training observatories (particularly in the metallurgy sector and civil engineering).

� Finally, the list of shortage occupations, as described in Q6, is a particularly useful tool for identifying labour shortages.

32 Manpower Survey: Talent Shortage Survey, 2014, http://www.manpowergroup.fr/tag/penurie-de-talents/ 33 INSEE’s monthly business survey: http://www.INSEE.fr/fr/themes/indicateur.asp?id=11 34 PMQ exercise by France Stratégie in partnership with DARES: Les métiers en 2022, 2014, http://www.strategie.gouv.fr/publications/metiers-2022-0


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Glossary of some indicators of tension35

The rate of tension is calculated by comparing registered job offers with the number of job applications over a set period. It identifies whether or not there is pressure on an occupation depending on the alert thresholds of the ratio. If the ratio is higher than 1, there is high pressure on demand: there are more job offers than applications, and therefore there is a labour deficit. Conversely, if the ratio is lower than 1, there is low pressure or a demand deficit. This rate of tension may be combined with other indicators of tension to promote analysis and understanding of the labour market and shortage occupations, such as the quality of job offers, the leakage rate of labour market demand, and the rate at which jobs are filled.

The rate at which job offers are filled is calculated by comparing the volume of job offers, regardless of their duration, from Pôle Emploi records which were ‘filled’ by a job seeker (or not), and the total volume of job offers processed and from Pôle Emploi records over the past 12 months, whether they be set aside, filled or cancelled.

The leakage rate of demand for employment (calculated on a sliding year, i.e. 12 consecutive months) estimates the probability for a job seeker to rapidly find a job. It is calculated by comparing job applications at the end of the year to job applications at the end of the last year, to which are added job applications recorded during the year. If the result obtained is high, this means that most job seekers present at the start of the reference period, or registered within the last 12 months, have ultimately left the Pôle Emploi records. Conversely, if the result is low, this means that the labour market is tight, and that job seekers face various difficulties to joining the labour market quickly.

The unfilled vacancy rate (or level of job vacancies) is calculated by comparing vacant and filled jobs, to which are added vacant jobs which is then converted into a percentage (x100).

The quality of job offers: this indicator is important insofar as the rate of tension takes into account all job offers without distinction as to different types of contract (fixed term and temporary contracts, regardless of length). Other variables may also be introduced, such as the proportion of temporary jobs or those offered as full-time positions.

35 Sources: Bref Ile de France N°14, November 2008 – DARES Indicators March 2015 N° 18


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Q3.B. THE LEVEL OF ANALYSIS (E.G. BY SECTORS, BY OCCUPATIONS OR BY QUALIFICATIONS OR SKILL LEVELS)

The level of analysis of the tools mentioned in Q3.a. depends on the aim of the research, survey or report in question. Analyses by sector of activity are included in the BMO survey and the INSEE economic trends survey. Analysis of the relationship between supply of and demand for employment (indicator of tension) is conducted using a very fine-tuned occupational list, the Operational Directory of Professions and Occupations (ROME36) used by Pôle Emploi. Occupational families (Familles Professionnelles - FAP37) are used both by DARES as part of its indicators of tension in the labour market, and by Pôle Emploi for the BMO survey. This FAP list combines the ROME directory used by Pôle Emploi for occupations with the socioprofessional categories used by INSEE. In contrast, as part of the employers’ surveys, establishments are questioned on the basis of a representative sample of sectors of activity, region and occupational group. These studies take a regional approach to best respond to the needs of businesses. Qualifications appear in the ‘Employment and Occupations of Migrants’ study (‘L’emploi et les métiers des immigrés’) by France Stratégie 38 as well as in the BMO survey. This criteria helps to identify the types of occupations experiencing recruitment difficulties, to adapt, where necessary, the corresponding training and to clarify skills gaps.

Q3.C. CLASSIFICATIONS OF SHORTAGES IN LEGISLATION OR SOFT LAW

Classifications of labour shortages, such as analyses of tensions and vacant jobs by sector, foresight analyses and surveys with employers or observatories of occupational sectors, are not defined in the legislation if they relate to research and reports from public bodies, institutional partners or trades union organisations. Only lists of shortage occupations which are marked by recruitment difficulties are defined through regulations (see Q6) with a view to controlling labour migration and regulating the labour market.39 The departments responsible for work permits are obliged to apply these regulations. If they fail to do so, the decision may be revoked on the grounds of an error of law in the event of appeal to a higher administrative authority or to a Court of justice. 36 The ROME directory, which consists of a letter and four numbers, is divided into three levels: it differentiates 14 families of occupations, 110 occupational fields and 531 occupational files (combining more than 10,000 different categories of occupations and jobs). 37 The FAP identifies 22 occupational areas, divided initially into 87 occupational groups, sub-divided into 225 detailed occupational categories. 38 L’emploi et les métiers des immigrés, February 2012 (by the Conseil d’Analyse Stratégique, CAS, formerly France Stratégie), http://archives.strategie.gouv.fr/cas/content/document-de-travail-2012-1-l’emploi-et-les-metiers-des-immigres.html. 39 Article L.311-10 of CESEDA.


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Q3.D. TO WHAT EXTENT THE LEVEL OF ANALYSIS INCLUDES REGION/LOCAL LEVEL?

Analyses of tensions and unfilled vacancies by sector are essentially conducted from a national perspective. However, indicators of tension in the labour market by occupation, produced by DARES and Pôle Emploi, surveys with employers, such as the BMO survey by occupation, and certain occupational sector observatories, incorporate a regional perspective insofar as they consider it relevant to take into account employment areas, sectors of activity and regional particularities relating to employment. Regional observatories are devoted to anticipating and observing sectors and occupations in their region. It is also interesting to note that only the Manpower Group survey40 includes Frances from a European and international perspective.

Q4. HAS FRANCE ESTABLISHED ANY DISTINCTIONS BETWEEN DIFFERENT TYPES OF LABOUR SHORTAGES, SUCH AS SHORT-TERM AND LONGER-TERM SHORTAGES, CYCLICAL SHORTAGES AND STRUCTURAL SHORTAGES?

There is one classification of occupations which traditionally experience tensions. Industrial and IT occupations are most heavily influenced by economic cycles, known as temporary tensions. Other occupations are subject to seasonal tensions (the hotel and catering industries, agriculture). Finally, some occupations are subject to structural tensions (high turnover, job instability, arduous working conditions, and poor image of the occupation) or have few resources available due to lack of specific qualifications.41 Analyses take into account these different types of shortages, whether they be analyses of tensions and unfilled vacancies by sector or foresight analyses. The former deal primarily with short term shortages, while the latter envisage different possible scenarios for the years to come on a national basis (‘Les métiers en 2022’ by France Stratégie) or for a specific sector of activity (see the UIMM prospective study on recruitment needs in metallurgy for 202542). However, the France Stratégie survey does not quantify the comparison between supply and demand for employment in the medium to long term; it takes a more qualitative approach.

40 Manpower Survey: Talent Shortage Survey, 2014, http://www.manpowergroup.fr/tag/penurie-de-talents/ 41 Based on: Construire une carte régionale des formations, France Stratégie, 2011 (http://archives.strategie.gouv.fr/cas/content/document-dappui-methodologique-construire-une-carte-regionale-des-formations-outils-methodes.html) and ‘Les tensions du marché du travail’, Bref Île de France, No. 14, November 2008(http://www.idf.direccte.gouv.fr/IMG/pdf/Bref_supplement_no14_-_comment_analyser_les_tensions_sur_le_marche_du_travail.pdf. 42 UIMM study: Etude prospective des besoins de recrutement dans la métallurgie à horizon 2025, September 2014: http://www.observatoire-metallurgie.fr/etudes/Lists/DocumentsEtudes/Etudes%20longues/Prospective%20Emploi_Observatoire%20de%20la%20Metallurgie.pdf


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Q5. INSTRUMENTS/TOOLS USED IN FRANCE TO IDENTIFY LABOUR SHORTAGES AND THE NEED FOR MIGRATION LABOUR.


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The instruments and tools used to identify labour shortages and the need for migration labour.

Is this instrument/tool used in France? (Y/N)

Is this instrument used for determining labour migration needs? (Y/N)

Description of the respective tools and the methodology(ies) used for anticipating the need for migration labour

(1) description of the level of analysis of the particular instrument/tools (i.e. skills, occupations, sectors, profession, level of qualification, etc.) (2) Is an international (e.g. ISCO-08) or national classification of occupations used?

Which national organisation(s) use this mechanism/tool to produce information on skill shortages?

What is the geographical level of the mechanisms/tools used (e.g. national, regional, municipal)?

Additional comments

List of shortage occupations

a) National list of 30 occupations set by Decree of 18 January 2008

b) List of occupations set by bilateral agreement

Yes

Yes

Yes

Yes

a) This list of occupations marked by tensions and recruitment difficulties was reached after consultation with the social partners and was the result of preparatory work and a range of indicators. b) The lists set by bilateral agreement were defined on the basis of shortage

(1) These lists represent occupations identified by ROME which are connected to a job description for each code.

(2) The Pôle Emploi wording is used to draft these lists. It is close to the International Standard Classification of Occupations (ISCO).

These lists are used by the Prefects to process work permit requests.

a) This list of 30 occupations for third-country nationals is divided on the regional level depending on the particularities of the local labour market and the employment area. Six occupations apply to the whole of metropolitan France.

b) These lists are national but are reserved to nationals of the State which has signed a bilateral agreement, whether


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occupations for nationals of new Member States subject to transitional provisions and take account of the particularities of each country. (See the process in Q6).

the national lives in France or in his or her country of origin.

Sector analyses

a) The Acemo survey

b) The DARES report on job offers collected by Pôle Emploi on job seekers registered by Pôle Emploi.

c) The COE (French Employment Counselling and Advisory Board) report

Yes No

a) The Acemo survey is a quarterly survey conducted by DARES into all competing sectors (excluding agriculture and the public sector) in metropolitan France. It calculates changes in wages, employment and length of employment.

b) This publication compares job offers recorded by Pôle Emploi and job seekers recorded by Pôle Emploi.

(1) The Acemo survey, the DARES report and the COE report look at sectors of activity in relation to occupational areas.

(2) The FAP classification is used. This FAP list combines the ROME directory used by Pôle Emploi for occupations and the socioprofessional categories used by INSEE

They are used by occupational sectors and businesses, as well as in the public sector (particularly by the Ministry for Labour, Employment, Vocational Training and Social Dialogue) to have an overview of the labour market.

They are drafted on the national level.


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c) The COE report takes stock of the labour market situation in France by presenting statistics which describe unfilled vacancies and recruitment difficulties by occupation and sector of activity.

.

Employer surveys

a) The MEDEF TEC observatory

b) The Manpower Group Talent Shortage Survey

c) The Pôle Emploi BMO survey

Yes

No

a) Each quarter, the MEDEF TEC observatory surveys around 42,000 businesses to identify recruitment difficulties and needs by occupation, to understand the difficulties encountered, and to identify the skills needed.

b) Every year, the Manpower Group surveys around 40,000 employers in 42 countries and regions to identify skills shortages and the human resource

a) (1)The MEDEF observatory looks at sectors of activity and occupations by region. (2) The FAP classification is used, adjusted to the private sector in question with the exception of agriculture, the three public sector areas (state government, local government and hospital services), private individuals, associations and independent workers.

a) The MEDEF TEC observatory is aimed at regional MEDEF groupings and at business members of MEDEF.

b) The Manpower Group survey is aimed at employers.

c) The Pôle Emploi BMO survey is used by Pôle Emploi and by the General Directorate for Employment and Vocational Training (DGEFP).

a) The MEDEF observatory is regional in scope.

b) The Manpower Group survey is international in scope (42 countries).

c) The Pôle Emploi BMO survey is national.


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policies which have been established.

c) Every year, Pôle Emploi sends a questionnaire to more than 1.6 million businesses in the private and agricultural sectors, as well as to part of the public sector to understand their recruitment needs and hence anticipate recruitment difficulties before they arise.

b) (1) The Manpower Group survey looks at sectors of activity and occupations on the national scale in 42 countries. (2) The classification used is specific to the Manpower Group and includes 200 occupations.

c) (1) Pôle Emploi looks at sectors of activity and occupations by region and employment area for the whole of France (22 metropolitan regions and five overseas regions). (2) The FAP classification is used by Pôle Emploi.

Forecasts/foresight analyses

The France Stratégie occupational survey for 2022 in

Yes Yes, in 2008, the France Stratégie survey helped identify shortage occupations and thus contributed towards drafting

This survey falls within a PMQ exercise to look at the prospects in terms of changes to labour

The FAP classification is used.

This survey is used by public authorities, particularly by the General Labour Directorate (DGT).

This survey is conducted on a national level.


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partnership with DARES

the list of shortage occupations.

resources and posts by occupation. The employment jobs forecasting (PMQ) exercise is based on all partners and administrations affected by the analysis of the prospects of changes in the short term to employment by occupation and qualification.

Qualitative studies or analysis

See Employer Surveys

Other instruments/tools (please describe)


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Q6. CONCERNING LISTS OF SHORTAGE OCCUPATIONS, DESCRIPTION OF:

Q6.A. THE PROCESS FOR DEVELOPING SHORTAGE OCCUPATION LISTS

Law No. 2007-1631 of 20 November 200743 on controlling immigration, integration and asylum, introduced a legislative mechanism which authorised the introduction of a foreign worker to France in occupations where a labour shortage had been identified, without the application of the employment situation. The aim of this measure was to increase labour migration in light of family migration. During the Interministerial Committee on the Control of Immigration (Comité Interministériel de Contrôle de l’Immigration - CICI),44 the French government approved two lists of occupations experiencing recruitment difficulties with two separate levels of analysis and for which the employment situation was not applicable. One was open to nationals of new EU Member States subject to temporary provisions and the other to third country nationals. The principles used to draft the 2008 Decree were the subject of in-depth discussions by a permanent group responsible for analysing labour market needs.45 The methodology chosen was based on information collated from ANPE, DARES, UNEDIC and INSEE, which takes into account not only the ratio between the supply of and demand for employment recorded over a given period, but also, in order to better understand shortage occupations, the volume of employment, the rate of demand for employment, changes in the stock of supply of and demand for employment, the job seeker leakage rate at the end of the month and the proportion of long-term contracts among the offers. Using these indicators, it is possible to measure the state of and changes in labour market tension by detailed professional group. These lists were drafted as the result of monitoring changes in shortage occupations, an employment jobs forecasting (PMQ) survey conducted by the CAS and DARES, observations from ANPE and suggestions from occupational federations. They were also submitted to the social partners.46 Occupations covered by bilateral agreements were identified in partnership with the statistics department of the Directorate for the Population and Migration47 (Direction de la Population

43 http://legifrance.gouv.fr/affichTexte.do?cidTexte=JORFTEXT000000524004&dateTexte=&categorieLien=id which modifies Article L.313-10 of the Code on the Entry and Residence of Foreigners and the Right of Asylum (CESEDA). 44 The CICI, created by Decree No. 2005-544 of 26 May 2005, includes the Minister for Immigration, the Minister of the Interior, the Minister for Social Affairs, the Minister for Defence, the Keeper of the Seals, the Minister for Justice, the Minister for Foreign Affairs, the Minister for National Education, the Minister for the Economy and Finances and the Minister for Overseas Affairs. 45 This working group consisted of representatives of CICI, the DPM, the DGEFT, DARES, ANPE, the Regional Directorate for Employment, Labour and Vocational Training (Direction Régionale du Travail, de l’Emploi et de la Formation Professionnelle - DRTEFP) for the Île de France, the National Agency for the Reception of Foreigners and Migrants (ANAEM), the CAS and the MAE. 46 Circular NOR IMI/N/07/00011/C of 20 December 2007 relating to work permits issued to nationals of new Member States during the transitional period and to third countries, on the basis of lists of occupations experiencing recruitment difficulties (http://www.gisti.org/IMG/pdf/norimin0700011c.pdf ). 47 The DPM was under the auspices of the former Ministry for Social Affairs, Employment and Solidarity and was responsible for dealing with issues relating to the reception and integration of migrants, as well as for ensuring


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et des Migrations - DPM) , DARES, the National Employment Agency (ANPE) and the ministry for Foreign Affairs (MAE) on the basis of the various criteria to identify labour shortages and needs.

Q6.B. THE CRITERIA FOR SELECTING THE SHORTAGE OCCUPATIONS

Having measured changes in labour market tensions in different categories of occupation, the public authority then drew up a list of occupations to which the employment situation was not applicable to recruit a third country national and which were open to EU third country nationals. The choice was as follows:

• Based on the list of 150 occupations48 to be opened up to new EU Members subject to transitional provisions, and on the basis of an expert assessment of qualifications conducted by ANPE and the CAS, it was initially decided to retain all skilled occupations.

• An initial selection was made by choosing the more highly skilled occupations with an indicator of tension of over 0.9 (21 occupations).

• This initial selection was then completed by occupations with lower skills levels (levels V and IV, which correspond to qualifications equivalent to a technical school certificate (Brevet d’Etudes Professionnelles - BEP) or to a certificate of professional competence (Certificat d’Aptitude Professionnelle - CAP) and to the vocational and technical Baccalaureat) but which experienced higher rates of tension: the tension rate was between 3.55 and 1.33. A national list of 30 occupations was eventually reached.

• This national list was then divided up for each region. Occupations which had a local indicator of tension of more than 0.8 were selected. The choice was made not to withdraw occupations with very few workers from the list.49

The 30 shortage occupations

The Decree of 18 January 200850 set the regional lists of shortage occupations applicable to nationals of third countries. Thirty occupations were included, of which six were on the national level:

- audit, financial and accounting control managers overall management of the acquisition of French nationality. This directorate was dissolved when the Ministry for Immigration was created in 2008.

48 In January 2008, an extended list of 150 occupations was drafted on the basis of the 61 occupations which had already been open since 1 May 2006 as part of the progressive lifting of restrictions which had experienced recruitment difficulties (these 61 occupations represented 25% of the proportion of job offers recorded in 2006 by ANPE). To this were added 54 occupations with a lower recruitment difficulty rate, as well as 35 occupations requested by national federations. These 150 occupations represented 40% of the total job offers registered by ANPE in 2006 and thus covered nearly all occupational areas. (http://www.legifrance.gouv.fr/affichTexte.do?cidTexte=JORFTEXT000017937372). 49 Ibid. 50 Decree of 18 January 2008 on the issuance, without the employment situation being ‘opposable’, of work permits to foreigners not from an EU Member State, a country in the European Economic Area or Switzerland. http://www.legifrance.gouv.fr/affichTexte.do?cidTexte=JORFTEXT000017937372&dateTexte=20080306&fastPos=2&fastReqId=782357839&oldAction=rechTexte


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- IT research and development engineers - IT experts - Technical construction advisor - Construction site manager - Construction supervisors The main areas of employment mentioned are IT (two occupations), building and public works (four occupations), electricity and electronics (four occupations), mechanical construction and metalwork (four occupations).

In terms of the lists mentioned in bilateral agreements, they did not result directly from the working group on the analysis of labour market shortages. Occupations among those identified for EU members subject to restrictions on the free movement of workers were taken into account, as well as occupations experiencing recruitment difficulties (due to the part time nature of the work, difficult organisation of work, geographic distance) and occupations selected on the express request of the partners to respond to tension rates and needs.

Q6.C. ORGANISATIONS/INSTITUTIONS PLAYING A ROLE IN DETERMINING LISTS OF SHORTAGE OCCUPATIONS

See Q6.a.

Q6.D. THE UPDATE OF THE LISTS OF SHORTAGE OCCUPATIONS

Work on revising the Decree of 18 January 2008 was conducted on the basis of guidance from the Ministers responsible for employment and immigration. They were particularly concerned about reducing the list of occupations identified in this Decree as the result of implementation of the training mechanism for job seekers already present in the country (particularly certain occupations in the construction industry and certain service activities such as IT research and development engineers, surveyors, insurance managers, etc.) while retaining a national list without regional distinctions. Based on an analysis of the tension rate, the number of foreign workers entering the country on the basis of this Decree, and the existence of appropriate training, the initial list of 30 occupations was reduced to 15 occupations. To consolidate this approach, the following were organised:

- a survey with Prefects from the region in order to ensure that the national analysis was consistent with locally-identified needs; - meetings with the most representative occupational branches and Ministerial cabinets; - consultation with the social partners.

However, the new list drawn up in the Decree of 11 August 2011 was cancelled by a decision of the Council of State on 26 December 2012 as the result of an irregular procedure (lack of


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standard consultation with organisations representing employers and employees).51 It was necessary to reintroduce the list which had been established in January 2008. In contrast, for bilateral agreements, no changes were made in relation to the list of shortage occupations annexed to the agreements. Our interview with the Mission for International Affairs within the Strategy and International Affairs Service (Service de la Stratégie et des Affairs Internationales - SSAI) in the Ministry of the Interior, highlighted the fact that, in practice, these agreements are not modified, largely because of the current economic conditions in France.

Q7. THE USE FOR POLICY PURPOSES OF THE INSTRUMENTS AND TOOLS USED FOR IDENTIFYING LABOUR MARKET SHORTAGES (IS THERE A FORMALISED MECHANISM TO DISSEMINATE THE INFORMATION PRODUCED?)

Employer surveys (MEDEF, Manpower Group, Pôle Emploi, UIMM) identify recruitment needs and define training and skills requirements which are needed for the future in order to refer job seekers towards training or occupations which match the labour market’s needs and to inform them about changes to the labour market and growth occupations. Similarly, other analyses (BMO survey, ‘Les métiers en 2022’ – France Stratégie, ‘Les besoins de recrutement dans la métallurgie à l’horizon 2025’52 - UIMM) assess the prospects in terms of changes to labour market resources and employment in order to anticipate the training which needs to be developed and to adapt funding for training in shortage occupations. Finally, foresight analyses draw up a typology of causes for recruitment difficulties in order to make proposals to counter them (such as the COE report) and present information on these projections for employment policies (‘Les métiers en 2022’ by France Stratégie).53 The Manpower Group survey looks at the estimates made by employers as to the scale of the impact of these skills shortages and recruitment difficulties on their business activity and human resource strategies implemented to counter shortages and skills gaps. Thus, following research which had identified recruitment difficulties for specific occupations and the causes of them, solutions were put forward to respond to these recruitment difficulties: training for job seekers, development of work-linked training and jobs for older workers, and revision of businesses’ HR policies.

Q8. USE OF TOOLS/MECHANISMS FOR IDENTIFYING LABOUR MARKET SHORTAGES TO DETERMINE POLICY INSTRUMENTS FOR MANAGING ECONOMIC MIGRATION

51 Decision of the Council of State of 26 December 2012, No. 353288 (http://www.legifrance.gouv.fr/affichTexte.do?cidTexte=JORFTEXT000026856690 ) 52 UIMM study: Prospective des besoins de recrutement dans la métallurgie à horizon 2025, 2014, http://www.observatoire-metallurgie.fr/etudes/Lists/DocumentsEtudes/Etudes%20longues/Prospective%20Emploi_Observatoire%20de%20la%20Metallurgie.pdf 53 PMQ exercise by France Stratégie in partnership with DARES: Les occupations en 2022, 2014, http://www.strategie.gouv.fr/publications/metiers-2022-0


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There is a certain level of consistency between these different reports in terms of the occupations for which recruitment difficulties appear. However, it is notable that there is a lack of connection between these analyses and the list of shortage occupations. Indeed, it emerged from our reading and interviews that almost all the occupations identified as experiencing shortages in the surveys were not those listed in the Decrees of 2008 and 2011 drawing up the list of shortage occupations. Similarly, codification of these occupations lacks precision, which limits the impact these lists have on the management of labour migration. Thus, certain competent departments54 believe that the list of shortage occupations set in 2008 is too broad, which enables employers to use it very easily. It is therefore difficult for them to address the particularities of the request by the employer, who may have made their request based on the specific competences of the foreign worker they want to recruit.

Q9. EXISTENCE OF MECHANISMS OR TOOLS TO MONITOR INTRA-EU MOBILITY OF WORKERS FILLING JOB VACANCIES IN THE NATIONAL LABOUR MARKET OR LEAVING TO WORK IN OTHER MEMBER STATES

EU nationals are exempt from a work and residence permit to live and work in France, with the exception of nationals of new EU Member States who are subject to temporary provisions. Consequently, only the population census carried out by INSEE can give an estimate of the number of EU nationals residing in France. The last census, conducted in 2011, showed that 1.82 million EU nationals live in France, of which 804,470 are in active employment.55 However, no monitoring is conducted on their reasons for moving to or leaving France. In terms of third country nationals who are involved in intra-European mobility, certain European directives facilitate their intra-European mobility, which should enable a certain level of monitoring of their admission into France with the issuance of a residence permit. This includes scientists and third country nationals holding EU Long-Term Residence Permits. However, these categories are not identified as working specifically in shortage occupations. Moreover, the software system for managing foreign nationals’ applications in France (Application de Gestion des Dossiers des Ressortissants Etrangers en France - AGDREF), which enables the number of residence permits issued and renewed to be monitored, does not record whether the foreigner comes from another EU country or a non EU country. The Ministry for Employment may also be aware of declarations for secondments from companies established in the EU who come to provide a service in France with their workers, whether they be from the EU or a third country, through posting declarations. However, these workers are seconded to France for a temporary posting, and do not have access to the French labour market as long as they remain employed by their employer in their country.

54 Interview conducted in April 2015 with representatives of DIRECCTE Île-de-France. 55 Source: population survey 2011.


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Q10. THE ROLE OF SOCIAL PARTNERS AND OTHER STAKEHOLDERS IN IDENTIFYING THE NEED FOR MIGRANT LABOUR. MECHANISM TO CONSULT/INVOLVE SOCIAL PARTNERS IN IDENTIFYING THE ANTICIPATED NEED FOR MIGRANT LABOUR.

As indicated above, particularly in Q2 and Q6, the social partners have been involved in discussions to identify shortage occupations and during Parliamentary debates. Article L 313-10 1° of the CESEDA specifies that the list of occupations and geographic areas characterised by recruitment difficulties is drawn up on the national level by the administrative authority ‘after consultation with employers and employees’ representative organisations’. The consultation mechanism is legally established because the Council of State revoked the Decree of 11 August 2011 as the result of a ‘failure to consult with these organisations in a standard way.’56 However, it emerged from our interviews with representatives of MEDEF, the Syntec Numérique (the first French union for the IT sector) and the construction sector that the occupational branches had not been questioned during the drafting of these lists in 2008. Thus, the occupations for which recruitment difficulties exist used different nomenclature than the occupations given in the list of shortage occupations. Civil society organisations such as organisations of employers and employees, representatives of universities and students, managers of non-profit making organisations were also involved in consultation meetings to prepare the Parliament debate without a vote in April 2013. Moreover, some associations or partners draw the authorities’ attention through reports (the White Paper on International Mobility (Livre blanc de la mobilité internationale) by the Cercle Magellan; the report on difficulties encountered in hosting foreign researchers by the Euraxess France organisation) and regularly met with the authorities (Cindex, Business France) to draw their attention to practice, difficulties or changes in the pipeline. However, these reports did not look at the issue of shortage occupations insofar as the populations involved are exempt from the employment situation criterion (see page 14).

Q11. SUMMARY OF THE RESULTS/FINDINGS OF INSTRUMENTS USED IN FRANCE (SEE Q.5) TO IDENTIFY LABOUR SHORTAGES AND THE NEED FOR MIGRANT WORKERS.

Upon reading the results of these analyses, it is interesting to note that there is a certain consistency across the occupations cited as being under tension. According to the COE, which includes the results of several publications, shortage occupations occur most often in the mechanics industry and in metalwork, electricity and electronics, the graphics industries, maintenance, health, IT and commerce, home help, hotels and catering and food catering occupations.

56 Decision No. 353288 of the Council of State of 26 December 2012 stated that ‘letters submitting a draft Decree for opinion did not specify that these opinions should be given in the name of the trade union, but appeared to request the personal opinion of the addressee’. (http://www.legifrance.gouv.fr/affichTexte.do?cidTexte=JORFTEXT000026856690 ).


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The main objective of these studies is to anticipate employers’ recruitment needs and to adjust training and employment policies to improve the match between employees’ skills and companies’ needs. The mechanisms which were established or recommended as part of these studies and reports encourage training for job seekers and the development of apprenticeships to encourage a better match between skills and companies’ needs. Thus, the professional branches have established their own tools to examine their labour requirements, focussing on training employees or job seekers already in the labour market (see Box p. 36-37). The multiplication and variety of indicators and names used by the different statistical bodies makes it difficult to coordinate the results in order to present an overview of the issue of shortage occupations (see Q3a). In the report by the French Council of Economic Analysis (COE), ‘Immigration, qualifications and the labour market’ (Immigration, qualifications et marché du travail), it is mentioned that ‘there is no significant correlation between the number of occupations open to immigration and the unemployment rate in the region in question (...). This suggests that there is a relatively tenuous connection between the real labour market situation and the liberality of immigration policy.’57 The report entitled ‘Immigrant employment and occupations’58 shows that there are a large number of migrants in non- or low-skilled jobs (manual workers) and they are less often recruited to management or intermediary positions. It highlights a correlation between the arduousness and seasonality of work and the strong presence of migrants in these jobs, but specifies that there isn’t a systematic link between the work of immigrants and shortage occupations/labour market shortages. However, this study shows that there is a link between recruitment difficulties and a lack of gender mix (distribution of men/women) in occupations. In addition, it appears from these studies and reports that, with the exception of shortage occupations (see Q.6), no study aiming at analysing labour market shortages or identifying shortage occupations has made the link between labour migration and labour shortages.

57 Report of the French Council of Economic Analysis (Conseil d’Analyse Économique): Immigration, qualifications et marché du travail, La Documentation Française, 2009, http://www.ladocumentationfrancaise.fr/rapports-publics/094000300/ (p.44). 58 L’emploi et les métiers des immigrés, February 2012 (by the Conseil d’Analyse Stratégique, CAS, formerly France Stratégie), http://archives.strategie.gouv.fr/cas/content/document-de-travail-2012-1-l’emploi-et-les-metiers-des-immigres.html.


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Observatories and tools for evaluating labour needs established by the professional sectors

The Tendance Emploi Compétence (TEC) observatory,59 created in January 2013 by MEDEF,60 conducts a quarterly survey of a panel of companies in order to identify recruitment needs, difficulties, reasons for cancels of recruitment and skills gaps. By using qualitative and quantitative tools, this observatory also helps the regional MEDEF and the various branches to identify needs and difficulties. The responses are analysed and structured on a regional level to identify training which is eligible as part of the personal training account (compte personnel de formation - CPF) on the local level. The construction sector For the building sector,61 identification of skills requirements is the subject of joint discussions with the Joint National Committee for Employment and Vocational Training (Commission Paritaire Nationale de l’Emploi et de la Formation Professionnelle - CPNEFP). The construction industry observatory, created by the construction CPNEFP is carrying out a qualitative analysis by sector of activity. The tools used by the branch to manage recruitment difficulties are as follows:

- training and skills development; - CPNEFP identifies businesses’ real requirements on a regional level; -Metiers-btp.fr is the site for the construction observatory, created by the Joint National

Commissions for Employment and Construction (Commissions Paritaires Nationales de l’Emploi conjointes du Bâtiment et des Travaux Publics - CPNE-BTP);

-in terms of postings, the General Directorate for Labour (DGT) national report on combating illegal employment.

For the civil engineering sector,62 eight priority occupations were identified based on observations from the regional federations and sectoral statistics; miscellaneous road and network worker, construction equipment driver/operator, road builder, paver, civil engineering constructor, electrical network fitter, pipelayer and site manager. However, the Decree of 18 January 2009 considers shortage occupations to be:

- Technical construction consultant - Construction site manager - Construction site supervisor

59 This observatory operates with a panel of 60,000 companies, surveying 191 occupations from level 3 of the FAP and analysing fixed term and temporary recruitment lasting more than six months (http://www.observatoire-tec.fr/) 60 Interview conducted in April 2015 with the representative of MEDEF. 61 Interview conducted in April 2015 with the representative of French Building Federation (Fédération Française du Bâtiment - FFB). 62 Interview conducted in April 2015 with the representative of the National Civil Engineering Federation (Fédération nationale des travaux publics - FNTP).


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The Union of Metallurgy Industries and Occupations (UIMM) has established two ways of identifying shortage occupations:63 1 – Nationally: the Joint National Employment Commission (Commission Paritaire Nationale de l’Emploi - CPNE) for metallurgy provides a list of occupations through the Joint Observatory for Forecasting and Analysing Occupations and Qualifications (Observatoire Paritaire Prospectif et Analytique des Métiers et des Qualifications). 2 - Regionally: the Joint Regional Employment and Vocational Training Commissions (CPREFP) also provide a list of occupations for their region/department. If the occupations appear to be under tension in several regions, they join the national list, upon the decision of the Joint Observatory for Forecasting and Analysing Occupations and Qualifications. These lists are regularly updated. They are available on the www.observatoire-metallurgie.fr site, which also uploads job descriptions for each shortage occupation. The aim of these lists is subsequently to access a mechanism for the Collective Operational Preparation for Employment (Préparation Opérationnelle à l’Emploi - POE Collective) with Pôle Emploi to identify job seekers who can follow training for the identified occupations. These lists are also useful as part of the Forward Planning for Employment and Skills (Gestion Prévisionnelle des Emplois et des Compétences - GPEC) to identify key/strategic future occupations. Every year, the observatory conducts two or three studies with specialised consultants to analyse changes in the sectors of activity in the coming years and to adapt training tools and recruitment policies. These forward-looking studies attempt to anticipate occupational changes in order to adapt employees’ skills and to adapt the training tools and skills certificates which are offered to employees. The IT sector recorded a real shortage of resources, with between 30,000 and 35,000 recruitments planned each year (since 2011). Syntec Numérique64 has established various partnerships with Pôle Emploi and APEC to identify job seekers liable to be trained in IT shortage occupations. The sector is also recruiting many foreign students trained in France. But the needs of companies are such that they must also call upon foreign labour. The Joint Observatory for IT, Engineering, Research and Consultancy (Observatoire Paritaire de l’Informatique, de l’Ingénierie, des Études et du Conseil - OPIIEC) conducts sectoral studies and peer reviews with employers’ and employees unions to anticipate skills shortages.

63 Interview conducted in April 2015 with representatives of the UIMM. 64 Interview conducted in April 2015 with representatives of Syntec Numérique.


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Q12. THE CHALLENGES AND RISKS OF LABOUR MIGRATION

Q12.A. CHALLENGES AND RISKS ASSOCIATED WITH THE USE OF INSTRUMENTS FOR IDENTIFYIGN LABOUR SHORTAGES AND THE NEED FOR MIGRATION LABOUR IN FRANCE

Some analyses consider that the shortage indicators chosen in France are largely based on recruitment difficulties.65 However, these difficulties would stem from the rigidity of the labour market (minimum wage, obstacles to geographic mobility, regulated occupations, etc.). Calling upon foreign labour cannot, therefore resolve these difficulties as long as foreign workers are subject to the same conditions of pay as nationals. Moreover, limiting their work permit to one given employer for a specific job in a specific region reduces the geographic mobility of the workers. In addition, these workers do not, for the most part, have access to regulated professions.66 It may therefore be considered that immigration enables a particular sector to overcome qualified labour shortages when these shortages are temporary. However, it is only a temporary palliative and is not effective because labour legislation also applies to migrants, and migrants tend to settle within geographical proximity of one another.67 In his report on labour migration (2008),68 the French Senator André Ferrand proposed that new instruments be established to:

- Adapt the list of shortage occupations to changes in demands from employers, and annually update this list; and to

- Request compensation from professional federations to resolve current shortages to make the occupations more attractive and to encourage greater thoroughness during recruitment.

With a view to protecting its labour market and the development of its economy, France established certain types of residence permit by occupational activity (employee, independent worker, scientist, artist, etc.). In addition, in order to manage circular migration and to avoid brain drain from third countries, other permits were introduced restricting the length of residence in France to the length of the employment contract (seasonal worker, temporary contract) or to completion of their secondment or project (seconded worker, young professional). This type of residence permit thus initially restricts residence access to foreigners to the activity for which they obtained their visa. Any request for a residence permit for another reason would require a new application, and the employment situation would therefore be applicable if the foreigner cannot justify being exempt from this provision. A new permit may also be refused when the mission or contract for which the foreigner was authorised to stay ends. 65 Report of the French Council of Economic Analysis (Conseil d’Analyse Économique): Immigration, qualifications et marché du travail, La Documentation Française, 2009, http://www.ladocumentationfrancaise.fr/rapports-publics/094000300/ (p.79) 66 Ibid. 67 Ibid. 68 Information report by André Ferrand, for the Finance Committee, No. 414 (2007-2008), 25 June 2008: Immigration professionnelle, difficultés et enjeux d’une réforme, http://www.senat.fr/notice-rapport/2007/r07-414-notice.html


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The challenge is therefore to identify the needs which may be satisfied by labour migration. Questions can also be raised about how well the list of shortage occupations responds to labour shortages, bearing in mind that the proportion of shortage occupations among the work permits issued by DIRECCTE rose to 8% in 2008.69

For their part, the professional branches have not been satisfied with the mechanism in place and have created tools enabling them to cater for business needs without systematically calling upon foreign labour. For Syntec Numérique, recruiting foreign workers remains the solution to respond to the needs of companies in the sector once job seekers have been identified and trained and once young graduates have been recruited.70 For the building sector, posting of workers and international service provision remain the solutions to adapt to the market.71 Finally, unlike other EU Member States, France has not faced a demographic challenge and cannot therefore consider labour migration as a solution to labour shortages as a counterbalance to the negative effects of an ageing population.72

Q12.B. EXISTENCE OF SHORTAGE OCCUPATIONS WHICH ARE NOT ADDRESSED THROUGH LABOUR MIGRATION

Given the current legislation, a certain number of occupations are closed to foreigners when access to this profession is subject to nationality requirements or to holding a national qualification73 (health professions, lawyers, accountants, etc.). This is why the list of shortage occupations does not include any regulated profession, with the exception of the agreement signed with Senegal.74 Other areas for reflection could also address regulated professions for which the recognition of qualifications is a particular issue. This is especially relevant to healthcare occupations, where there is a recurrent shortage of professionals.

69 Extract from the Report on the Draft Finance Law for 2010: Security – Immigration, Asylum and Integration, http://www.senat.fr/rap/a09-106-11/a09-106-119.html 70 Interview conducted in April 2015 with representatives of Syntec Numérique. 71 Interview conducted in April 2015 with the representative of the FFB. 72 ‘Matching Economic Migration with Labour Market Needs’ (September 2014), OECD, http://www.oecd-ilibrary.org/social-issues-migration-health/matching-economic-migration-with-labour-market-needs_9789264216501-en 73 The list of occupations which are closed to foreigners is available on the National Assembly website, in a report submitted in 2010 by Daniel Goldberg on the draft Law (No. 1450), aiming to remove the nationality conditions which restricted foreign workers from exercising certain independent or private occupations (http://www.assemblee-nationale.fr/13/pdf/rapports/r2594.pdf ) 74 Interview conducted in March 2015 with representatives of SSAI (DGEF). During discussions to sign this agreement, it was indeed decided to include the occupation of nurse by way of derogation, insofar as Senegalese nurses speak French, that there was a real need, and that they could obtain a qualification which was comparable for the profession of auxiliary nurse in France.


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Similarly, it would appear difficult to resolve very short term or occasional shortages through foreign labour, given the current procedure for requesting a work permit which involves a long and complex administrative procedure whereby the employer must be able to anticipate recruiting a foreign worker.

SECTION 3: MONITORING THE OUTCOMES OF LABOUR MIGRAT ION POLICY IN RELATION TO SHORTAGE OCCUPATIONS

Q13. MONITORING OF THE OUTCOMES OF LABOUR MIGRATION POLICIES IN RELATION TO SHORTAGE OCCUPATIONS

Q13.A. MONITORING MECHANISMS (E.G. WORKFORCE ANALYSIS, ANALYSIS OF TYPES AND NUMBER OF WORK PERMITS GRANTED, SECTORAL ANALYSIS, DISCUSSIONS WITH EMPLOYERS, ETC.)

Every year the Parliament publishes a report75 which presents data on immigration and asylum in France. Legal and regulatory mechanisms are presented, as well as the various services involved, on the basis of statistics, as well as changes in migration flows and prospects from a European and international perspective. The statistics which contribute towards the Parliament’s annual report help verify changes in migration flows according to the reason for migration and position migratory movements in France within a European and global context. This report also addresses the legal instruments which are in place as part of immigration policy and monitors their effects.

The economic situation and the increase in unemployment in recent years has led the government to encourage circular migration and to take measures to promote the reception of foreign talent who can participate in the economic development of the country.

The impact of shortage occupations was analysed when the list was redrafted in 2011. The subject was once again addressed during the Parliamentary debate without vote in the spring of 2013. However, these debates have not, to date, given rise to new measures.

It is important to point out that discussions on economic immigration involve two ministries: the Ministry of the Interior (responsible for foreign residence and work permits) and the Ministry for Employment, Labour, Vocational Training and Social Dialogue (responsible for preparing and implementing regulations relating to working conditions).

Q13.B. MONITORING LEVEL OF LABOUR MIGRATION POLICY OUTCOMES

The General Directorate for Foreigners in France (DGEF) within the Ministry of the Interior deals with all issues relating to foreign nationals. In particular, it is responsible for dealing with regulations on visas (jointly with the MAEDI) and general regulations in terms of entry, residence and exercise of a professional activity in

75 In line with Article L. 111-10 of CESEDA.


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France of foreign nationals (jointly with the Ministry for Employment, Labour, Vocational Training and Social Dialogue). On the basis of the Parliament’s report and policy discussions, the government decides upon the direction to give for immigration in general. The statistical departments of the DGEF and DIRECCTE also monitor requests for work and residence permits, although, to our knowledge, work permits are not monitored by occupation, in particular for shortage occupations, whether they be covered by bilateral agreements or common law.

Q13.C. ORGANISATIONS CARRYING OUT SUCH MONITORING

The departments responsible for granting work and residence permits (Prefectures, DIRECCTE) are responsible for monitoring the mechanisms and for informing the relevant Ministry of any difficulties in their application. The Government may also use reports from members of Parliament, general inspection services or non-governmental organisations (NGOs)/non-profit making organisations for specific expert information.

Q13.D. MONITORING IN LEGISLATION OR SOFT LAW

The Parliamentary report is incorporated into legislation (Article L. 111-10 of CESEDA). However, the DGEF departments may request information from the relevant departments through a circular, instruction or note about the application of one or more mechanisms.

Q14. USE FOR EACH OF THE INSTRUMENTS AND TOOLS USED FOR MONITORING THE OUTCOMES OF LABOUR MIGRATION POLICY IN RELATION TO SHORTAGE OCCUPATIONS

See Q13a.

Q15. ROLE OF SOCIAL PARTNERS (INCLUDING ORGANISED REPRESENTATIVES OF EMPLOYERS AND EMPLOYEES) AND OTHER STAKEHOLDERS IN MONITORING THE EFFECTS OF LABOUR MIGRATION ON THE LABOUR MARKET

For trades unions, see Q10. From our interviews with representatives of the various occupational branches, it emerged that they were disappointed not to have been involved during the drafting of the shortage occupations or in the monitoring of measures which were established. The fact that these bodies had established their own observatories and foresight tools is evidence of the inadequacy of the ‘national’ tools to measure their needs.


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Q16. CHALLENGES ASSOCIATED WITH MONITORING THE OUTCOMES OF LABOUR MIGRATION POLICY IN RELATION TO SHORTAGE OCCUPATIONS AND IMPACT OF LABOUR MIGRATION ON THE LABOUR MARKET AT LARGE

The current situation highlights two contradictions: On the one hand, the tools for identifying labour shortages and for monitoring the labour market do not respond to the challenges of occupational shortages and do not have the approval of the economic sector. Occupation branches have established their own mechanisms for researching skills and training for employees in connection with the public authorities, without, generally speaking, encouraging recruitment from outside France. On the other hand, the principle of protecting the labour market remains an instrument which the occupational branches wish to retain, although they insist on the need for regular monitoring of their needs and better communication with the authorities. They wish to maintain the work permit regime from the point of view of controlling compliance with the regulations. However, they recommend the establishment of simplified and flexible procedures.76 Moreover, it emerged from our interview with France Stratégie that labour shortages for a sector of activity or a specific region could be due to:

- the lack of skills/basic training for the job (there are no potential candidates for the job due to the specificities or skill of the job in question);

- the rigidity of the labour market; - the lack of attractiveness of the job (salary level in particular); - the arduousness of the job; - the strong seasonal nature of the job.

These elements therefore limit the impact of tools to manage labour migration .

Moreover, the limitations of analytical approaches should also be noted:

- All the surveys (such as the Acemo statistical surveys, those conducted by Pôle Emploi and occupational branches) are based on declarations;

- Job offers collated by Pôle Emploi do not cover all job offers (only 40% of offers are communicated by Pôle Emploi and recruitment conducted through job offers published by Pôle Emploi are a small minority in the labour market, representing only between 6% to 10% of all recruitment; the majority of jobs are taken by internal candidates; through networking, spontaneous applications) and exclude certain categories (home care services, qualified jobs, young people or job seekers not registered with Pôle Emploi) which creates inequalities by occupation and qualification;

- Finally, the BMO survey is likely to exclude occupations exposed to temporary risks such as seasonal or industrial work, for which the intentions to recruit are more difficult to establish.

The guidance given during the Parliamentary debate without a vote which took place in 2013 therefore remains relevant:

76 Interviews conducted in April 2015 with representatives of the BTP, Syntec Numérique and MEDEF.


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- Revisit the procedure for drafting the list of shortage occupations open without opposition to the employment situation by taking into account several aspects (no longer limited to the single criterion of the rate of tension; adopt a more forward looking vision of the labour market; define criteria which take into account changes in the labour market);

- Create a new shared, coherent reference tool to enable Prefects to process applications for work permits and to do so on the basis of the regional labour market situation.

Thus, MEDEF, which contributed towards preparing the debate without a vote alongside the Ministry of the Interior and the social partners, underlined the importance of analysing the reality of businesses’ needs and difficulties. It advocates the creation of a specific national commission which would define business needs on an annual basis and would set policy objectives.77 Regional commissions would be responsible for identifying local needs to take into account specific needs in terms of occupations depending on the region. All debates held in 2013 and 2014 on labour migration helped define the government’s direction. Some of them were reflected in a draft Law on the right of foreigners submitted to Parliament in July 2014. However, this draft law does not currently anticipate provisions to modify the current provisions on managing labour shortages.78 The current regulations applicable to labour migration lead companies to favour either mechanisms to promote talent (notably intra-group mobility79) or posting of foreign workers (particularly in the construction80 and agriculture sector) and to limit direct recruitment.

If new discussions take place on the subject, it would therefore appear timely to involve the economic sector in order to integrate their sectoral knowledge and respond to their recruitment needs, but also to draft a new mechanism which would both enable the labour market to be effectively protected and to respond to the needs of our economy.81

77 Interview conducted in April 2015 with the representative of MEDEF. 78 This draft law particularly looks at generalising multi-annual residence permits, improving the conditions for receiving students and increasing the attractiveness of France. http://www.legifrance.gouv.fr/affichLoiPreparation.do?idDocument=JORFDOLE000029287359&type=general&typeLoi=proj&legislature=14) 79 Interviews conducted in March and April 2015 with representatives of Business France and the Magellan Circle. 80 Interview conducted in April 2015 with the representative of the FFB. 81 Preparatory report for the Parliamentary debate.


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ANNEX 1 - SHORTAGE OCCUPATIONS

A1. WORKERS EMPLOYED BY SELECTED OCCUPATION AND ESTIMATED UNFILLED POSITIONS (STATISTIC FOR THE LATEST AVAILABLE YEAR)

Two databases have been used to complete this table. It has been divided into two parts to clearly differentiate the databases. The first column, entitled ‘specific occupations’ applies to both parts. The first part (columns 2 to 5 in dark blue) refers to migrant labour (migrants from the EU28 or third countries) and non-immigrants in France for specific occupations distinguished by sex and by total. This part was completed with data from the Continuous Employment Survey conducted by INSEE in metropolitan France for the year 2012 (http://www.INSEE.fr/fr/methodes/default.asp?page=sources/ope-enq-emploi-continu.htm). For example, the first line relating to health professionals indicates that there were 752,594 people (non-immigrants and immigrants) working in this occupation in France in 2012. Of them, 15,964 were from an EU country and 26,065 were from a third country. The second part (the last two columns in light blue) refers to the number of job offers and unfilled posts. The number of unfilled posts is obtained after having deducted the jobs filled from the job offers. This part was completed using data on shortage occupations from DARES for the whole of France for 2014 and without making a distinction between immigrants and non-immigrants. For example, the first line indicates that for health professionals, there were in 2014, 19,566 job offers and 2,301 unfilled posts. Sources: EEC (Metropolitan France) and shortage occupations (DARES)


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Immigrants and non-immigrants in employment

Immigrants in employment from the EU 28

Immigrants in employment from third countries

Number of residence permits issued to third-

country nationals by specific occupation

Specific occupations Men Women Total Men Women Total Men Women Total Men Women Total

Number of job offers

Number of unfilled

vacancies (total offers-

filled vacancies)

Health professionals (22) 169,382 583,212 752,594 5,371 10,593 15,964 14,114 11,951 26,065

These data are not available: monitoring statistics on residence

permits do not identify the number of permits issued

by occupation.

19,566 2,301

including: Medical doctors (221)

54,624 59,598 114,221 3,161 2,769 5,929 6,023 2,016 8,039 1,168 169

including: Nursing and midwifery professionals (222)

9,362 61,966 71,328 0 287 287 0 1,221 1,221 17,014 157

Personal care workers (53) 40,342 349,828 390,170 0 4,887 4,887 3,723 18,745 22,468 96,719 18,997

including: Child care workers (5311)

70,572 16,015

including: Health care assistants (5321)

26,147 2,982

including: Home-based personal care workers (5322)

0 0

Personal Services Workers (51) 339,528 1,009,48

1 1,349,01

0 8,098 78,170 86,268 55,077 120,254 175,332 260,811 34,125


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Number of unfilled


filled vacancies)

including: Cooks (5120) 193,872 122,840 316,712 3,931 3,435 7,366 33,968 16,407 50,376 73,325 9,926

including: Waiters (5131) 90,447 150,280 240,728 887 2,082 2,970 15,461 12,375 27,836 60,244 6,565

including: Cleaning and Housekeep services in offices, hotels and other establishments (5151)

36,165 51,442 87,607 3,280 13,884 17,164 3,031 8,677 11,708 63,179 5,441

including: Domestic housekeepers (5152)

14,124 228,279 242,403 0 47,544 47,544 2,617 37,610 40,227 64,063 12,193

Skilled agricultural, forestry and

fishery workers (6)

151,886 72,693 224,580 6,323 4,847 11,170 10,731 4,626 15,357 21,179 2,108

including: Field crop and vegetable growers (6111)

9,332 1,038


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Number of unfilled


filled vacancies)

including: Gardeners, horticultural and nursery growers (6113)

7,476 623

including: Livestock and dairy producers (6121)

3,185 424

Information and communication

technology professionals (25)

309,855 85,160 395,015 11,481 950 12,431 21,508 13,073 34,581 23,507 3,957

including: Software and applications developers and analysts (251)

1,643 242

including: Database and network professionals (252)

13,910 2,215


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Number of unfilled


filled vacancies)

Teaching professionals (23) 124,811 414,933 539,745 2,529 6,587 9,116 3,039 4,265 7,304 44,228 5,054

Engineering professionals (excluding electro-technology) (214)

5,380 1,156

Architects, planners, surveyors and designers (216)

8,694 9,025 17,720 0 447 447 851 971 1,822 5,383 1,543

Accountants (2411) 5,277 1,165


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A2. TOP 30 PROFESSIONS INCLUDED IN THE LIST OF 30 SHORTAGE OCCUPATIONS (STATISTICS FOR THE LAST AVAILABLE YEAR) BY OCCUPATIONAL CLASSIFICATION

ISCO-08 or equivalent national classification of occupations

Occupation included in the list of shortage occupations

ISCO-08 reference Is there a specified number of vacancies to be filled with labour migrants from third countries? (Y/N) If yes, please provide the number.

Are there any special conditions for migrants from third countries applying for shortage occupations? (Y/N) If yes, please describe.

Please describe conditions which are targeted to TCNs as well as other conditions that may affect TCNs’ employment (for example some professions may be regulated and may concern only MS nationals)

Source and additional information

1 Distance Sales Technician 3322 Commercial Sales Representatives

NO

no quota in France

There are no specific conditions, other than to produce an employment contract to occupy a position which corresponds to a shortage occupation. The other criteria for issuing a work permit must be met: employment and remuneration conditions in line with the regulations in force, respect for labour and employment legislation by the employer, evidence of qualifications or authorisations to exercise for regulated professions.

2 Intermediary Goods and Raw Materials Sales Representative

3322 Commercial Sales Representatives

3 Audit and Financial Control Managers 2411 Accountants

4 IT Research and Development Engineer 2512 Software Developers (25)

5 IT Expert 2519 Software and Application Developers and Analysts Not Elsewhere Classified (25)

6 Merchandiser 243 Sales, Marketing and Public Relations Professionals


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7 Operational Insurance Manager 1346 Financial and Insurance Services Branch Managers (3321 Insurance Representatives)

8 Construction, Lifting and Handling Machinery and Agricultural Machinery Mechanics

723 Machinery Mechanics and Repairers

9 Glass-shaping Operator 7315 Glass Makers, Cutters, Grinders and Finishers

10 Cement Plant Production Manager 8114 Cement, Stone and Other Mineral Products Machine Operators

11 Wood (and related materials) and Furniture Processing Equipment Operator

8172 Wood Processing Plant Operators

12 Wood and Associated Materials Processor (Serial Production)

7115 Carpenters and Joiners

13 Industry Scheduling, Capacity Planning and Scheduling Technicians

313 Process Control Technicians


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14 Design Draughtspersons for Mechanical Construction and Metalwork

3118 Draughtspersons

15 Designer for Mechanical Construction and Metalwork

16 Designer-Draughtsperson in Electricity or Electronics

17 Designer in Electricity or Electronics

18 Mechanical Constructions and Metalwork Production Technician

3135 Metal Production Process Controllers

19 Mechanical Constructions and Metalwork Quality Technician

20 Quality Control and Test Technician in Electricity and Electronics

3113/3114 Electrical Engineering Technicians/Electronics Engineering Technicians

21 Industrial Process Production Technician

3116/3213 Chemical Engineering Technicians/Pharmaceutical Technicians and Advisors


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22 Furniture and Wood Industry Technician

3139 Process Control Technicians Not Elsewhere Classified

23 Installer-Maintenance Engineer for Elevators (and Other Automatic Systems)

741 Electrical Equipment Installers and Repairers

24 Quality Control Inspector 3257 Environmental and Occupational Health Inspectors and Associates

25 Electronics Maintenance Engineer 742 Electronics and Telecommunications Installers and Repairers

26 Construction draughtsperson 3118 Draughtspersons

27 Surveyor 2165 Cartographers and Surveyors

28 Technical Construction Advisor 311 Physical and Engineering Science Technicians

3123 Construction Supervisor

29 Construction Site Manager

30 Construction Site Supervisor


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71 Building and Related Trades Workers

Please provide any additional statistics or information regarding the national/regional lists of shortage occupations: N/A


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ANNEX 2 - LIST OF SHORTAGE OCCUPATIONS SET BY DECREE

(the occupations which are highlighted in blue belong to the list of 30 shortage occupations)

Job-occupation List of 30 occupations

Benin (16 occupations)

Republic of Congo (15

occupations)

Gabon (9 occupations)

Tunisia (77 occupations)

Senegal (108 occupations)

Mauritius (61

occupations)

Cape Verde (40

occupations)

Burkina Faso (64

occupations)

Operator of farm and forestry machinery X X X X Logger X

Gardener X X X Forestry worker X

Agricultural technician X X

Horse breeder/trainer X

Fish farmers X

Tree care professionals and viticulturist X X X Ships’ deck officers and pilot X

Livestock and dairy producer X X

Dairy breeder X

Traditional fermentation operator X

Market gardener and crop grower X

Deep sea fishery worker X X

Ceramic artist X

Interior designer and decorator X

Insurance product developer X

Insurance advisor X X

Insurance broker X


55




occupations)




Mauritius (61

occupations)

Cape Verde (40

occupations)

Burkina Faso (64

occupations) Operational insurance manager X X X X X

Insurance underwriter X X

Credit and loans officer X X

Sales agent/bank sales agent X X

Meat product preparer X X X

Bakery products preparer X

Butcher and catering services X X

Pastry cook and confectionery maker X X

Fish products preparer X X

Food production assistant X X

Fresh products (retail) salesperson X X

General food salesperson X

Hairdressing assistant X

Hairdresser X

Beautician X

Sales representative/Professional goods sales representative X

Sales representatives of intermediary goods and raw materials X X X X X


56




occupations)




Mauritius (61

occupations)

Cape Verde (40

occupations)

Burkina Faso (64

occupations)

Sales representative/Business sales representative X X Technical sales manager X X

Remote sales technician X X X X X Fresh produce manager X

Merchandiser X X X X X Construction designer X X X X X

Underground technical construction advisor X

Technical construction advisor X X X X X X X X Surveyor X X X X X

Building and public works site supervisors X X X X X Building and public works site manager X X X X X X X X X

Lifting truck operator X Construction site, civil engineering and quarry equipment operators X X X

Miner (minerals …) X

Wood products assembler X X X

Metal products assembler X X X X

Building (and related) electrician X X Heating and plumbing installer X

Building painter X

Installer of framed doors and windows X X X

Installer of hard floor surface X


57




occupations)




Mauritius (61

occupations)

Cape Verde (40

occupations)

Burkina Faso (64

occupations) Roofer X X X

Insulation worker X

Cement worker X X X Construction worker X X X X Bricklayer X

Structural and construction assistant X

Tourism and travel salesperson X X

Catering manager X

Housekeeping staff (chamber maids) X X

Housekeeper in a hotel X X X X X Chef X X

Cook X X X X X Restaurant worker X X X

Baking terminal operator X X

Reception staff X

Hotel receptionist X X

Reception clerk X X

Barman/Barmaid X

Hotel manager X X X Waiting staff X X X X Business engineer X


58




occupations)




Mauritius (61

occupations)

Cape Verde (40

occupations)

Burkina Faso (64

occupations)

Electrical or electronic draughtsperson X X X X X

Electrical or electronic designer X X X X X

Design draughtsperson for mechanical construction and metalwork X X X X X Designer for mechanical construction and metalwork X X X X X

Industrial research and development technical manager X X X

Quality control inspector X X X X

Designing, coordinating and scheduling manager X

Industry scheduling, capacity planning and scheduling technician X X X X X

Industrial process production technician X

Electrical and electronic inspector X X

Quality control and test technician in electricity and electronics X X X X X

Technician in producing mechanical constructions and metalwork X X X X X

Meat processing operator X X X X

Food industry processing machinery operator X X X X


59




occupations)




Mauritius (61

occupations)

Cape Verde (40

occupations)

Burkina Faso (64

occupations)

Wood product and associated materials fitter (serial production) X X

Driver of a production machine in wood and furniture industries (and associated equipment) X X X X X

Wood and associated materials processor (serial production) X X X X X

Wood based panel production operator X X

Furniture and wood industry technician X

Operator for sawing X

Furniture and wood industry technician X X X X X

Industrial process production technician X X X X X

Electrical and electronic production supervisor X

Technical production manager X X X

Technician in producing mechanical constructions and metalwork X X X X

Electrical and electromechanical interconnector X X

Chemical and energy production plant operator X

Glass-shaping operator X X X X X


60




occupations)




Mauritius (61

occupations)

Cape Verde (40

occupations)

Burkina Faso (64

occupations) Ceramics and building materials production operator X X

Cement production plant manager X X X X X

Glassworks plant operator X Mechanic-fitter X

Boilermaker/sheet metal worker X X

Machine tool setter and operator X X X

Sheet metal cutter X

Mechanical machinery assembler X X Welder X

Stratifier-moulder X X X

Technical maintenance, new equipment manager X X X X

Street cleaning and maintenance operator X X

Installer-maintenance engineer for elevators (and other automatic systems) X X X X X X

Installer-maintenance engineer for automated systems X

General purpose technician X

Maintenance agent X

Electronics maintenance engineer X X X X

Maintenance agent for thermal, climate and refrigeration systems X X X


61




occupations)




Mauritius (61

occupations)

Cape Verde (40

occupations)

Burkina Faso (64

occupations)

Installation technician for industrial and facilities and professional equipment X X Electrical maintenance agent X

Maintenance mechanics X

Maintenance agent for on board systems, electrical and electronic equipment X

Construction, lifting and handling machinery and agricultural machinery mechanics X X X X X X Motor vehicle mechanics and repairers X Midwife X

Medical imaging technician X

Nurse X

Home care aide X

Child care workers X X

Domestic helpers and cleaners X X

Lawyers X

Training consultant X X

Teaching professionals X X

Vehicle, window and related cleaners X X X

Garbage collectors X X Incinerator, water-treatment and related plant operators X

Science and engineering professionals X


62




occupations)




Mauritius (61

occupations)

Cape Verde (40

occupations)

Burkina Faso (64

occupations) Doorkeepers, watchpersons and related workers X

Security guard X X

Musicians, singers and composers X

Dramatic artist X Audit and financial control manager X X X X X X X X

Accounting associate professional X

Finance manager X X

Accountant X X X

Specialist finance manager X

Analyst and development manager X

Human resources manager X

Receptionist X X Administrative secretary and related associate professionals X

Software and Applications Engineer X X X X X X X X

Computing service department manager X

IT research and development engineer X X X X X X X X

IT operation engineer X X X X

Storage and merchandise distribution agent X

Logistics manager X

Officer, ship/navigation X X

Private transport driver X X Delivery driver X


63




occupations)




Mauritius (61

occupations)

Cape Verde (40

occupations)

Burkina Faso (64

occupations) Guided network driver X X Rail network handling agent X Education and monitoring staff in a teaching establishment X Public road transport driver X


64

ANNEX 3 – LIST OF PEOPLE INTERVIEWED OR HAVING CONTRIBUTED TO THE STUDY

Interviews were conducted by Ophélie Tardieu (coordinator of the EMN French national point of contact), Anne-Cécile Jarasse and Christelle Caporali-Petit (EMN Policy officers), Alix Schmidt (trainee within the European Migration Network). ADMINISTRATION

� Ministry of the Interior, General Directorate for F oreigners in France 1. Sub-Directorate for Residence and Employment (Sous-Direction du

Séjour et du Travail - SDST) - Christophe Marot, Sub-Director - Sabine Roussely, Deputy Sub-Director - Monique de Bouttemont, Head of the Labour Migration Bureau (Bureau de

l’Immigration Professionnelle - BIP) - Sophie Deknudyt, Deputy Head of BIP

2. Strategy and International Affairs Service (Service de la Stratégie et des

Affaires Internationales - SSAI), International Affairs Mission (Mission des Affaires Internationales - MIAI)

- Murielle Dejaeghere, Deputy Head of Mission - Anne-France Pouligo, Mission Officer

3. Strategy and International Affairs Service (Service de la Stratégie et des Affaires Internationales - SSAI), Department of statistics, studies and documentation (Département des statistiques, des études et de la documentation)

- Philippe Lauraire and Eric Pecoul, analysts, Division for the development of administrative sources (Division de la valorisation des sources administratives)

� DIRECCTE ÎLE DE FRANCE

- Anne-Lise Aucouturier, Head of Research, Statistics and Evaluation (Service Etudes, Statistiques, Evaluation - SESE)

- Cyril Saugnac, research officer within SESE - Sylvere Dernault, Deputy Director for Employment Relations and Services (UT

Paris) - Marie-Pierre Iturrioz, current head of the SMOE Paris - Vincent Lefebvre, former head of the Foreign Labour Service (Service Main

d’Oeuvre Etrangère - SMOE) Paris

� Ministry for Employment, Labour, Vocational Trainin g and Social Dialogue, General Directorate for Employment and Vocational Training (DGEFP)

- Julien Tiphine, Head of the Pôle Emploi Department - Julie Durrafourg, Project Manager, Pôle Emploi Department


65

INSTITUTIONAL PARTNERS

� France Stratégie, Department for Employment and Labour - Cécile Joly, Project Manager - Frédéric Lainé, Project Manager

� DARES - Cécile Brousse, Department for Work and Skills

� Business France (merger between UBIFrance and AFII) - Fatia Bouteiller, legal expert in international mobility

ORGANISATIONS REPRESENTING THE PRIVATE SECTOR

� Euraxess France - Jean-François Huon, European Project Manager - Conférence des Présidents

d’Université

� Magellan Circle - Jean Pautrot, President of the Magellan Council for International Mobility,

responsible for relations with public authorities on questions relating to international mobility

- Célia Dorlhac, Management Director for Talents and International Mobility - Pascale McLachrie (consultant, responsible for international mobility for the

Adéo group) - Patrick Benammar (consultant, responsible for international mobility for the

Valéo group)

PROFESSIONAL BRANCHES

� MEDEF – Mouvement des Entreprises de France - Odile Menneteau, mission director - Directorate for Employment Relations

� Syntec Numérique

- Guy Mamou-Mani, President - Laurent Baudart, Delegate General - Olivier Coone, Training Delegate - Valérie Roulleau, Employment Affairs Delegate

� UIMM -Union des industries et des métiers de la métallurgie

- Jean-François Malignon, responsible for employment negotiations and peer meetings for UIMM and Secretary of the CPNE for metallurgy

� FFB -Fédération Française du Bâtiment

- Laetitia Assalie, Director of Employment Affairs


66

� FNTP -Fédération Nationale des Travaux Publics

- Florence Sautejeau, Director of Employment Affairs - Nathalie Couderette, employment lawyer/ Directorate for Employment Affairs


67

ANNEX 4 - BIBLIOGRAPHY

1. Reports and studies

� Business France (formerly Agence Française pour les Investissements Internationaux

- AFII) � Tableau de bord de l’attractivité de la France, 2014 � Report on the internationalisation of the French economy, 2014 report on foreign

investments in France, March 2015

� Conseil d’Orientation pour l’Emploi � Emplois durablement vacants et difficultés de recrutement, 30 September 2013

� DARES

� Les métiers en 2020: progression et féminisation des emplois les plus qualifiés; dynamisme des métiers d’aide et de soin aux personnes, March 2012, Analyses n°22

� Les métiers en 2022: résultats et enseignements, Report of the Groupe Prospective des métiers et qualifications – in partnership with France Stratégie, July 2014

� Acemo survey: Activités et conditions d’emploi de la main d’œuvre au 4ème trimestre 2014, March 2015, n°22

� Les tensions sur le marché du travail au 4ème trimestre 2014 – in partnership with Pôle Emploi March 2015, n°18

- DIRECCTE ILE DE FRANCE

� BREF Île-de-France supplement. Les tensions sur le marché du travail: comment les analyser? – in partnership with the Observatoire Régional Emploi et Formation, No.14, November 2008

� BREF Île-de-France, Bulletin trimestriel d’informations de la DIRECCTE sur le marché du travail, No. 68, March 2015

� France Stratégie

� Construire une carte régionale des formations: outils, méthodes et enjeux pour la formation initiale, July 2011 (formerly the Conseil d’Analyse Stratégique)

� L’emploi et les métiers des immigrés, February 2012 (formerly the Conseil d’Analyse Stratégique)

� Étudiants étrangers et marché du travail, Une comparaison Allemagne, France, Royaume-Uni, November 2013 (formerly the Commissariat Général à la Stratégie et à la Prospective)

� Profils migratoires européens dans la crise, January 2015

� Manpower Group � Talent Shortage Survey, 2013 � Pénuries de talents 2014: les difficultés de recrutement au plus haut, l’enjeu RH

encore mal cerné, L’Atelier de l’Emploi, 19 June 2014


68

http://www.manpowergroup.fr/penuries-de-talents-2014-difficultes-de-recrutement-enjeu-rh/

� Ministry of the Interior � Data on labour and student migration, Preparatory document for the

Parliamentary debate, April 2013. � Les étrangers en France, année 2013 (Parliamentary report on the 2013 data)

� OECD

� ‘Matching Economic Migration with Labour Market Needs’ (September 2014), OECD, upon the request of the European Commission, available: http://www.oecd-ilibrary.org/social-issues-migration-health/matching-economic-migration-with-labour-market-needs_9789264216501-en

� Pôle Emploi

� Enquête Besoins en Main-d’Œuvre, 2014, in partnership with the Centre de Recherche pour l’Étude et l’Observation des Conditions de Vie (Crédoc)

� European Migration Network

� La politique migratoire, outil permettant de répondre aux besoins de main d’œuvre, study conducted by the French National Contact Point, 2010

� Satisfying Labour Demand Through Migration, June 2011 � Attirer les talents étrangers en France, study conducted by the French National

Contact Point, July 2013

� Romboll � Mapping and analysing bottleneck vacancies on EU labour markets: bottleneck

vacancies in France, 2014

� Conseil d’Analyse Économique � Immigration, qualifications et marché du travail, La Documentation Française,

2009, 255p.

2. Legislative and regulatory texts

- Laws � Law No. 2007-1631 modifying Article L.313-10 of CESEDA http://legifrance.gouv.fr/affichTexte.do?cidTexte=JORFTEXT000000524004&dateTexte=&categorieLien=id

- Codes

� Code on Entry and Residence of Foreigners and Right of Asylum (Code de l’entrée et de séjour des étrangers et droit d’asile) http://www.legifrance.gouv.fr/affichCode.do?cidTexte=LEGITEXT000006070158

� Labour Code http://www.legifrance.gouv.fr/affichCode.do?cidTexte=LEGITEXT000006072050


69

- Decrees

� Decree of 18 January 2008: http://www.legifrance.gouv.fr/affichTexte.do?cidTexte=JORFTEXT000017937372 � Decree of 1 October 2012: http://www.legifrance.gouv.fr/affichTexte.do?cidTexte=JORFTEXT000026483654&dateTexte=&categorieLien=id

� Bilateral agreements:

o With Gabon: Decree No. 2008-900 of 3 September 2008 o http://www.legifrance.gouv.fr/affichTexte.do?cidTexte=JORFTEXT00001942

8369 o With Republic of the Congo: Decree No. 2009-246 of 29 July 2009 o http://www.legifrance.gouv.fr/affichTexte.do?cidTexte=JORFTEXT00002093

4213 o With Tunisia: Decree No. 2009-905 of 24 July 2009 o http://www.legifrance.gouv.fr/affichTexte.do?cidTexte=JORFTEXT00002090

0798 o With Senegal: Decree No. 20091073 of 26 August 2009 o http://www.legifrance.gouv.fr/affichTexte.do?cidTexte=JORFTEXT00002101

0832 o With Benin: Decree No. 2010-230 of 5 March 2010 o http://www.legifrance.gouv.fr/affichTexte.do?cidTexte=JORFTEXT00002192

3862 o With Mauritius: Decree No. 2010-1114 of 22 September 2010 o http://www.legifrance.gouv.fr/affichTexte.do?cidTexte=JORFTEXT00002284

5734 o Law No. 2011-6 of 3 January 2011 authorising the approval of the agreement

between the French Government and the Cape Verde Government on managed migration flows and supportive development

o http://www.legifrance.gouv.fr/affichTexte.do?cidTexte=JORFTEXT000023355708

o With Burkina Faso: Decree No. 2011-568 of 24 May 2011 � http://www.legifrance.gouv.fr/affichTexte.do;jsessionid=B0513D197F

C2DCD89C5BE1FDC4288FF8.tpdila22v_2?cidTexte=JORFTEXT000024063557&dateTexte=&oldAction=rechJO&categorieLien=id&idJO=JORFCONT000024063537

- Circulars

� Circular of 20 December 2007: http://www.gisti.org/IMG/pdf/norimin0700011c.pdf

- Decision of the Council of State N° 353288: http://www.legifrance.gouv.fr/affichTexte.do?cidTexte=JORFTEXT000026856690