In France, signing an employment contract is a necessary condition. It is an essential document both at hiring an employee from France, as well as from another country. The contract protects the employee and the employer, in addition, it defines the obligations and rights of each party. Before going to work in France, it is worth getting acquainted with the types of contracts. In this article, we describe the types of employment contracts in France, namely: contract terms for an indefinite period (CDI), for a fixed term (CDD) and temporary employment contract (CTT).
Types of employment contracts in France (CDI)
Contract for an indefinite period – contrat à durée indéterminée (CDI) – is concluded without a fixed end date. This is a standard type of contract, which is the most common. CDI comes in two forms:
- full-time (does not require a written contract, but the employer must provide a document containing information about the DPAE declaration, which is signed before hiring an employee);
- part-time (written contract is obligatory).
As a rule, each employment contract should be in the form of a contract for an indefinite period, unless the employer justifies the situation allowing a conclusion of a contract on other terms (temporary – CTT or for a specified period – CDD). The contract is written in French, however, the prospective employee may request a translation of the contract also in a different language version.
The basic information that must be included in the CDI contract is:
- contact details of the employer and employee
- position and working conditions
- workplace
- Working time
- the amount of the salary
- paid vacation
- duration of the trial period
- notice/termination period
The CDI contract is terminated by mutual consent of the parties. This type of contract does not provide an end date, so it can be terminated at any time (however, you have to take into account the notice period, if included in the document).
What are the other types of contracts in France?
Fixed-term employment contract (CDD)
This type of contract – contrat à durée déterminée – specifies the exact date of termination of cooperation with a given company / employer. In some cases, the date of termination of the contract is not prescribed. Then the contract ends with the arrival of the agreed period. It may be the employee’s return from maternity leave, completing a task, ending of the season, etc. Thus, a fixed-term contract is always timely and concluded with a specific reason indicated in the document.
Examples of motives for concluding fixed-term contracts:
- seasonal work
- odd job
- replacement
- work on the grape harvest (it is a separate type of contract)
- waiting time for taking up another position in the company
Any grounds for using this type of contract and its duration, are regulated by the Labor Code.
The Maximum duration of a fixed-term contract is:
- 18 months in most cases
- 9 months, if the employee is waiting to take up the position, moves to an employment contract for an indefinite period or performs urgent work related to safety
- 24 months, when the employee is responsible for the execution of a special export or other order performed abroad
It is up to the employer to correctly define the reason for entering into a fixed-term contract. If the motive established by him turns out to be inconsistent with the Labor Code, legal authorities can then convert CDD to CDI.
Temporary Employment Contract (CTT)
This type of contract – contrat de travail temporaire (CTT) – for employment, operates under similar conditions to the CDD, but there are some important differences. First of all, a temporary employment contract (also called transitional) is concluded between three entities:
- worker
- temporary employment agency
- external / foreign company
The temporary employment agency employs the employee and is responsible for paying his salary. It puts the employee at the disposal of an external company (which uses the services of an agency) for a fixed period, called mission.
Therefore, the temporary employment contract is signed between:
- the employee and a temporary employment agency / employment agency (in this case, called the secondment agreement, the so-called contrat de mission, which specifies the subject of the contract, terms of employment and a fixed date or a less precise date (e.g. end of season);
- temporary employment agency / employment agency and external / foreign company (a contract for the provision of services, the so-called contrat de mise à disposition, must be signed).
Temporary employment contract – what else do you need to know?
When an employee works under a temporary employment contract, enjoys the same rights as other employees of the company.
The trial period may be specified in this type of contract and will depend on the duration of the work:
- contract shorter than 1 month → max. 2 days
- one to two months → max. 3 days
- more than two months → max. 5 days
Important ! Preparation and signing of a written contract is obligatory. This document must reach the employee not later than two working days before the commencement of his work.
Termination of CTT without consequences for the employee is possible in the following cases:
- during the trial period (without giving any specific reason)
- in a situation where he signs a contract for an indefinite period
- in situations beyond his control (force majeure)
An employer who terminates a temporary employment contract, is obliged to propose a new contract to the employee within 3 days. However, in certain situations he is exempted from this obligation in the case of:
- employee’s serious misconduct
- situations beyond the control of the employer (force majeure)
- before the end of the trial period
There are other types of contracts in France, however, we have presented the ones with which you can meet the most often.
