OUTLINE
Employment contracts and policies in France
Contract terms in France
Fixed-term contracts in France
Contract extensions in France
Working hours in France
Remote work in France
Tailored employment contracts in 100+ countries
Employment contracts in France
An employment contract is an important document that lays out the details of a relationship between an employer and an employee. Having a proper contract in place ensures that both parties understand their rights and obligations, which can prevent misunderstandings and even litigation.
Every country in the world has its own rules and regulations when it comes to employment contracts. In France, these are set by the Labour Code (Code du Travail) as well as various collective bargaining agreements. Employers hiring workers in France should understand the basics of what an employment contract should look like to ensure they’re compliant.
In this section, we’ll take you through everything you need to know about employment contracts in France. We’ll cover the different types of contracts available and the minimum terms that must be included. We’ll also talk about the rules concerning fixed-term contracts, which are particularly strict in France. Lastly, we’ll discuss the maximum hours employees can be expected to work in France, as well as the rules and obligations surrounding remote work.
Employment contracts and policies in France
Providing a written work contract is not mandatory in France. However, it is common practice and highly recommended. Certain types of agreements, such as fixed-term, agency, and part-time contracts, must always be provided in writing.
Types of work contracts in France
In the private sector, there are three main types of work contracts in France:
- Contract of indefinite duration (Contrat de durée indéterminé or CDI): This is the standard type of work contract in France. It doesn’t have a fixed term but continues until either the employer or the employee (or the two together) decide to end it.
- Contract of fixed duration (Contrat de durée déterminé or CDD): A fixed-term contract or CDD has a set end date and typically can’t be terminated by either party before that date is reached. CDDs can only be used in certain specific circumstances.
- Temporary contract (Contrat de travail temporaire): A temporary contract is a contract signed between an employee of a temporary work agency and a user company. This type of contract can only be used in certain specific situations, and term limits apply. The contract either ends on a set date or on accomplishment of the objective of the contract, such as the completion of a project.
Probationary periods in France
The rules for probationary periods are set by the French Labour Code (Code du Travail). They’re different for blue-collar and white-collar workers. In many cases, collective bargaining agreements provide different conditions, which employers must abide by when putting their contracts together.
Third-party approval for employment contracts in France
Unlike in some other countries, there is no requirement to lodge employment contracts with a third party for approval in France.
Employment policies in France
From 1 January 2020, it’s obligatory for companies with 50 or more employees to implement ‘internal regulations’ (règlement intérieur). This is a document that sets out the rights and obligations of employees in the workplace. It covers a few areas, including:
- Workplace health and safety.
- Disciplinary procedures.
- Moral and sexual harassment policy.
- Protections for whistleblowers.
This document must be developed in consultation with staff representatives and then submitted to the labour inspectorate for approval. It must then be communicated to employees.
Contract terms in France
The terms that must be included in an employment contract in France depend on the type of contract. For example, a permanent contract for a full-time employee does not need to be provided in writing and can be concluded verbally instead. However, contracts for either part-time or fixed-term workers must be provided in writing. They must also be concluded in French.
Mandatory contract terms in France
The terms to be included in a permanent contract (CDI) are largely at the discretion of the employer. The contract must incorporate at least the minimum rights outlined in the Labour Code and meet the conditions of any relevant collective bargaining agreement.
In practice, a CDI contract typically includes at least the following information:
- Name and address of both parties.
- Role and professional qualifications.
- Place of work.
- Working hours.
- Compensation (salary and bonuses).
- Paid time off.
- Probationary period.
- Notice period.
In certain circumstances, a contract may also contain a non-competition clause or a mobility clause.
Special conditions for part-time and fixed-term contracts
Special rules apply to part-time contracts and fixed-term contracts (known as CDD in France), which must always be concluded in writing. A CDD must include the reason for employing a worker for a fixed term, which is limited to certain set reasons by law. It may include either an end date or the condition that will trigger the end of the contract (e.g. the completion of a project). In the latter case, the contract must include a minimum term. Part-time contracts must include the worker’s weekly working hours.
Fixed-term contracts in France
A fixed-term contract in France is known as a contrat à durée déterminée, or CDD. There are strict limitations on the circumstances in which CDDs can be used.
Justifications for using a fixed-term contract in France
Employers must have a justifiable reason for employing a worker on a fixed-term contract in France. They can’t be used to fill a position that is related to the company’s normal, permanent activity. In fact, there are only three possible justifications under French employment law:
- Temporarily replacing another employee.
- A temporary increase in activity requiring extra workers.
- Seasonal employment (e.g. in agriculture or tourism).
A fixed-term contract that doesn’t state one of these three justifications could be requalified as a CDI (permanent contract) by a judge.
Different options for fixed-term contracts in France
A fixed-term contract in France may or may not have a defined end date. If there is no specific date, the contract will terminate on the accomplishment of the objective of the contract, such as when a certain project is completed. This type of contract must specify a minimum duration.
Ending a fixed-term contract in France
Fixed-term contracts usually can’t be terminated by either party before their end date. The exceptions are in cases of serious misconduct or force majeure. Alternatively, the employer and the employee may mutually agree to terminate the contract.
Temporary contracts in France
A temporary employment contract (contrat de travail temporaire) is different from a fixed-term contract in France. This type of contract is used for agency workers, who are temporarily leased out to a user company, for example to meet a surge in demand or to replace another employee for a set period. There are specific rules that apply to the use of temporary agency contracts in France.
Contract extensions in France
As in many countries, there are limits on the duration of fixed-term contracts in France, as well as the number of times they can be renewed. Specifically, fixed-term contracts have a maximum duration of 18 months. They can be renewed/extended, but only twice.
Ending a fixed-term contract in France
Fixed-term contracts in France terminate automatically at the end of the term expressed in the contract. At the end of the contract, the employer must pay the employee an indemnity of 10% of the total gross remuneration paid during the contract (this is not required if the employer is offering the employee a permanent contract). They must also pay the employee for any unused leave accrued during their employment. If the employment relationship continues beyond the term of the contract, the arrangement automatically becomes a permanent contract.
Ending a fixed-term contract early in France
Under usual circumstances, a fixed-term contract cannot be ended early. If either party terminates the contract before the term, they may owe compensation to the other party.
Other limitations on fixed-term contracts in France
A fixed-term contract cannot be used to hire an employee for a role related to the company’s normal, ongoing business activities. Apart from in exceptional cases, successive fixed-term contracts can only be entered into if there is a gap between the contracts, as follows:
- Contracts of more than 14 days: One-third of the length of the contract.
- Contracts of less than 14 days: Half of the length of the contract.
Working hours in France
France is known internationally for giving employees a strong work-life balance, which includes a 35-hour work-week. These hours are typically worked over five days, from either 8am to 4pm or 9am to 5pm, with a one-hour lunch break. Specific working patterns vary based on collective bargaining agreements and norms within each business.
Maximum working hours in France
Maximum working hours in France are set by the French Labour Code. According to the law, employees may only work a maximum of 10 hours per day, although this rule can be overlooked in some rare circumstances. Employees also shouldn’t work more than an average of 44 hours per week over a 12-week reference period, or more than 48 hours in any single week. In some exceptional circumstances, this can be extended to 60 hours. Collective bargaining agreements may stipulate different rules in certain industries.
Overtime in France
Any work performed above the 35-hour work week in France is considered overtime. It must be paid in accordance with conditions set out in the relevant collective bargaining agreement. The typical arrangement is to pay employees an additional 25% of wages for the first eight hours, and an additional 50% for any overtime above this limit.
An alternative to providing financia compensation is to give employees extra time off for any hours worked over the 35-hour weekly limit. These schemes are known as reduction of working time (réduction du temps de travail or RTT). When a company uses this arrangement, they should determine the number of days off employees will receive for working more than 35 hours per week and include this information in their employment contracts.
Breaks and rest periods in France
Employees in France are entitled to a meal break of at least 20 minutes for each shift of six or more hours. These breaks are typically unpaid. Employees are also entitled to a minimum rest period of 11 consecutive hours between shifts, and at least one full rest day per week.
Night work in France
Work performed between 9pm and 6am in France is considered night work. Employees working during this time are entitled to a special allowance, which should be outlined in the employment contract or applicable collective agreement. It’s usually a percentage of the employee’s base salary.
The right to disconnect in France
A reform to the French Labour Code in 2017 gave employees in France the ‘right to disconnect’ outside of their work hours. This means that they are entitled to not receive (or to ignore) emails, phone calls, and other communications when they are not at work. Companies that don’t guarantee their employees this right can be fined.
How many hours can international students work in France?
International students who are in France on a student visa may work up to 964 hours per year alongside their studies. This is the equivalent of 60% of the maximum working hours permitted and allows students to work either around 20 hours per week all year, or full-time outside of term time.
Remote work in France
Over the past decade, remote work has become more common almost everywhere in the world — and France is no exception. It’s important for employers to understand their rights and obligations surrounding remote work in France before hiring employees.
Remote work laws in France
Employees in France have had the right to request ‘telework’ (remote work) since 2017, thanks to the same reform to the Labour Code that brought in the right to disconnect. Neither the employee nor the employer can impose remote work unilaterally — instead, it must be agreed upon between the two parties. There is no standardised framework for remote work agreements, so employers and employees are free to agree on the details between them. Employers that refuse an employee’s request for remote work must have an objective justification for doing so.
France remote work visa
Over the past few years, many countries have introduced remote work visas (or ‘digital nomad visas’) to encourage remote workers to live and work between their borders on a temporary basis. There is currently no such visa in France, though there is a suggestion that the French government is considering introducing one.
There are still some options for remote workers to temporarily work in France. For example, highly skilled individuals including entrepreneurs, researchers, and artists can apply for the ‘talent passport’ visa. Remote workers from outside the EU can apply for a long-stay visa, which is valid from three months to one year. EU citizens can live and work in France without a visa, including remotely.
Tailored employment contracts in 100+ countries
Like all countries, France has its own rules and regulations when it comes to employment contracts — and non-compliance could land your company in hot water.
Thankfully, our team is experienced in drawing up tailored, compliant contracts in France (and more than 100 countries worldwide). That means that, when you work with us, you won’t need to waste time worrying about whether you’ve got it right. Instead, you can focus on what matters: your business.
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