The employment contract sets the framework of the relationship with your employee. A well-drafted contract avoids many difficulties; an incomplete one can be costly.
CDI (permanent contract)
The standard contract. Writing is not always mandatory for a full-time CDI, but it is strongly recommended to set out working conditions.
CDD (fixed-term contract)
Only possible in the cases provided by law; it must be in writing and include precise terms. Otherwise it can be reclassified as a CDI.
Part-time
It must be in writing and specify working hours and how they are spread. Additional hours are regulated.
A contract performed in France must be drawn up in French. When the employee is not French-speaking, a translation into their language can be attached; in case of discrepancy, only the version in the employee’s language can be relied on against them.
The clauses to include
- Identity of the parties, position and qualification
- Start date, place of work
- Pay and working hours
- Applicable collective agreement
- Probationary period, where relevant
- Specific clauses: mobility, confidentiality, non-compete
Non-compete and mobility clauses are subject to strict validity conditions. For complex situations, we work with employment lawyers.
The most common mistakes
- A CDD without a precise reason, or concluded to fill a permanent job on a lasting basis: risk of reclassification as a CDI.
- A probationary period that is too long under the law or the collective agreement, or not provided in writing.
- Part-time work without a schedule of hours: the employee can ask for reclassification as full-time.
- A non-compete clause without financial compensation: it is void.
- A salary below the collective agreement minimum for the classification chosen.
Before signing: the checklist
- Check the applicable collective agreement and the job classification.
- Choose the contract that fits the real need, not the other way round.
- Prepare the formalities: pre-hiring declaration (DPAE), health insurance enrolment, information and prevention visit, single staff register.
Our support
As part of the payroll service, we check that the contract is consistent with the collective agreement and payroll, and handle the hiring formalities. See payroll and HR
Frequently asked questions
How long can the probationary period be?
It is set by law and the collective agreement according to the employee’s category, and must be provided for in writing.
Does a company director need a contract?
The corporate office does not require an employment contract. Combining it with an employment contract is possible under strict conditions.
When should the contract be given to the employee?
Within the deadlines set by law for fixed-term contracts, and as early as possible for other contracts, preferably before the employee starts.
Can an employment contract be changed?
Changing an essential element (pay, qualification, working hours) requires the employee’s agreement, formalised by an amendment.
Must the contract mention the collective agreement?
Yes, the applicable agreement must be brought to the employee’s attention; it sets in particular minimum pay and some working rules.