Employment contracts in France

Minimum requirements

Employment contracts are generally not required to be written, but certain forms of employment contract should be in writing (notably fixed-term contracts, part-time contracts and temporary employment contracts). Oral fixed-term contracts are unequivocally deemed to be indefinite-term contracts and oral part-time contracts are deemed full-time contracts.

In line with the European directive on transparent and predictable working conditions in the EU dated 20 June 2019, a new decree from November 30, 2023 mandates that the employer must provide the employee hired under an indefinite-term contract with the main information relating to the employment relationship in writing, i.e.:

• “common” information, as per articles L. 1221-5-1 and R. 1221-34 of the French Labour Code, including:
  • identity of the parties
  • place(s) of work and employer’s address, if different
  • job title, tasks, socio-professional category or work category
  • date of hire
  • length and provisions relating to the trial period
  • provisions regarding pay
  • provisions regarding work time
  • obligations of the employer regarding professional training
  • provisions regarding paid leave
  • provisions regarding the termination of the employment status
  • collective agreements applied in the company
  • provisions regarding social security
• “complementary” information to provide in the case of an employee’s work-related intervention abroad lasting more than four weeks, listed in articles R. 1221-36 and R.1221-37.
• Some of these obligations can be met by referring to the relevant provisions of the French Labour Code.

Fixed-term contracts should contain the same information as indefinite-term contracts and, in addition, fixed-term contracts should specify:

• the reason why the company is using a fixed-term contract;
• the date on which the contract is to end, or its minimum duration if an exact termination date has not been fixed; and
• the name and job description of the absent employee, if the reason for using a fixed-term contract is to replace a temporarily absent employee.

In addition to the general requirements for employment contracts listed above, part-time contracts should state the following:

• that the contract is for part-time work;
• the employee’s working hours;
• any conditions relating to possible changes in working hours; and
• the amount of overtime permitted according to statute or the relevant CBA.

Further, since the law of June 2013 on the security of employment, part-time contracts must be of a minimum duration of 24 hours per week unless an exception applies (for example branch agreements, at the request of the employee in order to address a personal situation or to undertake various work activities, students under 26, certain employers and intermediary associations).

Moreover, part-time working hours have been rendered more flexible, as remuneration with extra pay for hours in excess of the contractually agreed hours may now be modified under a branch agreement, as well as the limit on overtime, which can be as much as one-third of the contract duration.

A branch agreement may also provide for the possibility of temporarily increasing the contractual working time of a part-time worker. Finally, where 1/3 of the company’s workforce is employed part-time, companies now have the obligation to negotiate part-time working arrangements.

Fixed-term/Open-ended Contracts

The indefinite-term contract is the typical form of employment relationship. As a rule, the validity of an indefinite-term contract is not subject to conditions regarding the content and form of the agreement. In that respect, French case law has held that a pay slip may be sufficient to formalise an indefinite-term contract.

A fixed-term employment contract is an employment contract entered into for a defined duration, set in advance by the parties. This kind of employment contract is very specific, notably as neither party may terminate it prior to its end, except in the event of an amicable separation, serious misconduct (“faute grave”), force majeure or if the employee finds alternative employment under an indefinite-term contract.

In contrast with indefinite-term contracts, the conclusion of a fixed-term contract is subject to conditions of content and form. However, employees working under fixed-term contracts have the same individual statutory rights as those working under indefinite-term contracts.

Trial Period

Rather than entering into the contract immediately, parties to the employment contract may agree to provide for a probationary period, which can only be renewed once and under condition, during which either party may terminate the employment contract without any formality. If both parties are satisfied at the end of the probationary period, the employment contract becomes definitive. The probationary period is governed by statute. The legislature has introduced a maximum length for the probationary period and a minimum notice period, which varies according to the categories of employees concerned. The trial period that may be mentioned in fixed-term contracts is fixed by the Labor Code according to the duration of the contract.

A law dated 9 March 2023 transposes a number of measures taken under European Union law concerning the maximum length of probationary periods.

From 9 September 2023, branch agreements signed before 26 June 2008 will no longer be able to stipulate trial periods longer than the legal maximum. The maximum trial period stipulates that “Member States shall ensure that, where the employment relationship is subject to a trial period as defined in national law or practice, this period does not exceed six months”.

The new Law maintains the possibility of renewing the trial period once if an extended branch agreement provides for it. However, the duration of the trial period, including renewals, may not exceed the legal minimums.

Notice Period

Except for specific exceptions (e.g. dismissals for serious or gross misconduct), the parties should observe and cannot waive the required notice periods before an indefinite-term contract is terminated. The length of the notice period is generally determined by the national CBA. Employees who are dismissed or made redundant are entitled to payment in lieu of notice if they are not required to perform their notice period.