The contractual relationship may take different forms depending on the company’s needs.
Hence, the employment contract may be concluded for a specified or unspecified period, for full-time or part-time work.
Contract for specified period (CDI)
An employment contract for an unspecified period is governed by common law.
The employer should take cognizance of several important considerations before concluding a contract for an unspecified period.
Contract for an unspecified period (CDD)
To meet a particular need for labour, the employer, under certain conditions, may hire an employee for a specified period. However, in France, the common law contract is a contract for an unspecified period, and the use of a contract for a specified period is strictly circumscribed.
The employer must strictly observe the rules that apply to contracts for a specified period. Indeed, a failure to comply therewith results in the contract being deemed a contract for an unspecified period.
Part-time contracts
An employee is deemed to work part-time when his working hours are less than the legal workweek (35 hours a week), or less than the working time that is set by the collective labour agreement or that which is applicable in the particular establishment (if the latter is less than the legal workweek).
Contract for specified period (CDI)
An employment contract for an unspecified period is governed by common law.
The employer should take cognizance of several important considerations before concluding a contract for an unspecified period.
Are any formalities required for the hiring of an employee for an unspecified period?
Except in special circumstances, no particular formalities are required. The hiring may occur orally.
However, if an employee is hired without a written contract, the employer must transmit to the employee in writing the essential elements of the labour relationship no later than two months after the hiring.
Should a trial period be specified?
The employment contract may specify a trial period, which must be expressly defined with respect to both its nature and its duration from the date of the hiring.
What is the duration of a trial period?
The labour code specifies the maximum time for a trial period:
- two months: for labourers and employees
- three months: for supervisors and technicians
- four months: for executives
The trial period may be renewed once if the collective labour agreement allows such a renewal. But its duration, including any renewal, generally may not exceed:
- four months: for labourers and employees;
- six months: for supervisors and technicians
- eight months: for executives
It is important to consult the collective labour agreement that applies to the sector involved, as it may specify shorter or longer periods.
Under what circumstances can the employer end the trial period?
The employer can terminate an employment contract during the course of the trial period by giving the employee an advance notice that varies according to the employee’s length of service in the company:
- 24 hours after eight days of service,
- 48 hours after service of 8 days to one month
- two weeks after one month of service
- one month after three months of service
Under what circumstances can the employee end the trial period?
The employee can terminate the employment contract by giving the employer a 24-hour advance notice if the employee’s length of service in the company is less than 8 days, and an advance notice of 48 hours in other situations.
Contract for an unspecified period (CDD)
To meet a particular need for labour, the employer, under certain conditions, may hire an employee for a specified period. However, in France, the common law contract is a contract for an unspecified period, and the use of a contract for a specified period is strictly circumscribed.
The employer must strictly observe the rules that apply to contracts for a specified period. Indeed, a failure to comply therewith results in the contract being deemed a contract for an unspecified period.
In what situations can the contract for a specified period be used?
The labour code strictly circumscribes the use of contracts for a specified period. It specifically and exhaustively defines the situations in which it may be used. The most common situations are:
- A temporary need for supplementary labour due to a temporary increase in the company’s business
- Seasonal work;
Attention: An employment contract for a specified period, regardless of the justification, shall not be for the purpose, or have the effect, of filling a long-term job that is related to the company’s regular business. An employment contract for a specified period may be concluded only for the performance of jobs that are specifically defined and temporary.
Hence, a number of questions must be considered by the employer prior to concluding a contract for a specified period:
- Must the contract specify a term?
- What is the maximum duration of a contract for a specified period?
- Can a contract for a specified period be renewed?
- Are there particular requirements regarding procedure and form for conclusion of a contract for a specified period?
- In what situations can an employment contract be terminated prior to expiration of the specified period?
- Is it possible to conclude successive contracts for a specified period with the same employee?
- Is it possible to conclude successive contracts for a specified period for the same job?
We are available to assist you regarding all of these issues throughout the hiring process and the drafting of the employment contract.
An employee is deemed to work part-time when his working hours are less than the legal workweek (35 hours a week), or less than the working time that is set by the collective labour agreement or that which is applicable in the particular establishment (if the latter is less than the legal workweek).
What are the mandatory provisions required for part-time contracts?
A part-time employment contract is a written contract that must include certain mandatory information such as: the employee’s qualification, the elements of remuneration, the working time, the distribution of working time between days of the week or weeks of the month (unless otherwise stipulated), etc.
The employer must consider a number of questions prior to the signing of a part-time contract:
What is the minimum working time?
What are the legal requirements regarding the working hours of a part-time employee?
Can the employee refuse a change in the distribution of his working time?
Can the employee work more hours than are specified in his contract?
What is the remuneration for overtime?
Can the employee refuse to work overtime?
Can the employer ask the employee to temporarily work beyond the time specified in his employment contract, in order to deal with a temporary increase in the business?
We are available to assist you regarding all of these issues throughout the hiring process and the drafting of the employment contract.
