Choosing a candidate

Verified 02 October 2025 - Directorate of Legal and Administrative Information (Prime Minister)

If the employer is free to choose his future employee, he is required to respect certain principles when recruiting. It must also carefully consider certain factors related to the candidate's situation. We present the rules.

The information requested from the candidate is used only to assess their ability to fill the proposed job or its professional skills.

This information may be requested in writing (hiring questionnaire) as in oral (job interview).

They must have a direct and necessary link with the proposed job or with the assessment of his or her abilities.

Thus, the employer must not ask questions about the individual situation of the candidate regarding his health, family situation, membership of a union, his sex life, his housing, his leisure activities.

The employer may ask the candidate, for example, if he or she has a driver's license when the position requires it.

The candidate must respond in good faith to these requests for information.

Warning  

The candidate recruited on the basis of false information he would have given may be dismissed for simple fault (or even serious misconduct, if this information was decisive in his recruitment).

During the recruitment procedure, the employer does not have complete freedom in the use of the recruitment support methods and techniques used.

These methods and techniques for assisting in the recruitment or evaluation of candidates (test, questionnaire, etc.) must be relevant in the light of the objective pursued.

The use of astrology, graphology or numerology is prohibited, unless there are relevant justifications.

Reminder

The candidate enjoys protection during the recruitment process, particularly in terms of respect for his privacy.

The recruitment support methods and techniques used must be brought to the attention of the candidate and the Social and Economic Committee (ESC) if there is one in the company.

Please note

The results obtained must remain confidential. They are communicated to the candidate, if he/she requests it.

The employer is free to select the candidate of its choice.

However, it is prohibited to refuse to recruit a candidate for discriminatory reasons, i.e. justified by one of the following criteria:

  • Origin
  • Sex
  • Family status
  • Pregnancy
  • Physical appearance
  • Particular vulnerability related to the economic situation
  • Name
  • Place of residence
  • Health status
  • Loss of autonomy
  • Disability
  • Genetic characteristics
  • Morals
  • Sexual orientation
  • Gender identity
  • Age
  • Political opinions
  • Trade union activities
  • Quality of whistleblower
  • Quality of facilitator of whistleblower or a person in connection with a whistleblower
  • Spoken language (ability to speak in a language other than French)
  • Ethnicity
  • Nation
  • Presumed breed
  • Religion 

Please note

Any candidate rejected on these discriminatory grounds may refer the matter to the labor court to claim damages for the damage suffered.

The employer wishing to hire must pay particular attention to certain elements.

These elements include:

  • THEage and the nationality of the candidate
    Work is allowed from 16 years.
    If the applicant is a foreign national, the employer must verify that he or she holds a certificate authorizing him or her to working in France.
  • The possible occupation of a other employment, because it is possible to have multiple jobs, but certain conditions.
  • The obligation to comply with a non-compete clause.

FAQ