1. What is an employment contract in France and in what form can it be concluded?
In France, the employment contract is subject to the rules of common law and can be drawn up in whatever form the parties decide to adopt. The law does not impose a specific format for the contract itself, so the parties are free to choose how they formalize their agreement as long as they respect the general legal rules.
2. What is the normal form of the employment relationship in France, and when can a fixed-term contract be used?
In France, the open-ended employment contract (CDI) is the normal and general form of the employment relationship. A fixed-term contract is only allowed in specific cases and under the conditions laid down for fixed-term contracts. Its term must be precisely fixed from the outset or linked to achieving a specific purpose.
3. In what language must a written employment contract be drafted in France, and what are the rules for foreign workers?
In France, any written employment contract must be drafted in French. If the job title can only be designated by a foreign term without a French equivalent, the contract must include a French explanation of that term. When the employee is a foreign national, a translation into their native language must be prepared at their request, and in case of discrepancy, only the version in the employee’s native language can be used against them.
4. What are the consequences if the French-language rules for employment contracts are not respected in France?
In France, if an employment contract is concluded in breach of the French-language requirements, the employer cannot rely on the clauses concluded in violation of these rules where doing so would harm the employee. The protection operates in favor of the employee, who cannot be disadvantaged by non-compliance with these language rules.
5. Are reverse electronic auctions and jurisdiction clauses valid in employment contracts in France?
In France, any employment contract that sets wages through a reverse electronic auction procedure is null and void, because such procedures are prohibited for wage determination. In addition, any jurisdiction clause included in an employment contract is null and void. These clauses therefore have no legal effect in French employment contracts.
6. What information must the employer provide in writing about the employment relationship in France, and what can the employee do if it is missing?
In France, the employer must provide the employee with one or more written documents containing the main information relating to the employment relationship. If the employee has not received this information, they may first formally request the employer to provide or complete the documents. If the employer does not comply, the employee may bring the matter before the competent court to obtain the required information.
7. What limits apply to the information requested from a job applicant in France, and how must recruitment methods be handled?
In France, information requested from a job applicant, regardless of the form, can only be used to assess their ability to perform the job offered or their professional skills and must have a direct and necessary link with the proposed job or the assessment of professional skills. The applicant must be expressly informed, before their use, of the recruitment methods and techniques applied, whose results are confidential and whose relevance must be ensured.
8. What hiring formalities must be completed before employing a worker in France, and what records must be kept?
In France, an employee can only be hired after the employer has made a nominative prior declaration to the competent social protection bodies, sometimes compulsorily by electronic means, with possible financial penalties if this obligation is not met. Each establishment must also keep a single personnel register listing workers and trainees in order of hiring, which must be available to staff representatives and inspection authorities.
9. What is the purpose and maximum duration of the probationary period in an open-ended contract in France, and how can it be renewed?
In France, an open-ended employment contract (CDI) may include a probationary period to allow the employer to assess the employee’s skills in the job and allow the employee to assess whether the position suits them. The maximum probationary period is two months for workers and employees, three months for supervisors and technicians, and four months for managers. A sectoral agreement may allow one renewal, but within total maximum limits of four, six, and eight months respectively.
10. How must a probationary period be agreed in France, how do internships affect it, and what notice rules apply when it ends?
In France, the probationary period and any renewal must be expressly written in the offer or contract. If an intern is hired within three months of a final-year internship, its duration is deducted, and internships over two months count toward seniority. When probation ends, minimum statutory notice applies, including forty-eight or twenty-four hours for employee resignations after short service there.
Performance of the employment contract in France
1. What does good-faith performance of an employment contract mean in France?
In France, good-faith performance means both the employer and the employee must act honestly and responsibly throughout the relationship. Each party must respect agreed duties, communicate truthfully, and avoid behavior that undermines trust. This principle guides daily conduct, decision-making, and how rights and obligations are exercised while the employment contract is active.
2. What information can an employer request from an employee in France?
In France, an employer may only request information that directly relates to assessing the employee’s professional abilities. Personal details unrelated to job performance cannot be collected or used. Employees must answer requested information truthfully when it is job-relevant, and employers cannot use information unrelated to required skills or responsibilities.
3. How must employee evaluation methods be communicated in France?
In France, employees must be clearly informed beforehand about any evaluation method or tool used to assess their performance. The techniques must be relevant to the intended purpose, and results remain confidential. The employer must ensure evaluations reflect professional needs and are not used for unrelated monitoring or intrusive purposes.
4. Can an employer collect personal data through undisclosed tools in France?
In France, employers cannot collect personal information using devices or systems that the employee was not informed about in advance. Any monitoring or data-collection tool must be disclosed before implementation. Information gathered through undisclosed means cannot be used, protecting employees against hidden surveillance or misuse of personal data.
5. Are exclusivity clauses allowed during business creation by an employee in France?
In France, employers generally cannot enforce a one-year exclusivity clause on employees who create or acquire a business, even if an agreement states otherwise. This protection applies during approved leave for business creation or takeover. The employee must still respect loyalty obligations, meaning they cannot engage in activities that directly compete with their employer.
Modification of the employment contract for economic reasons in France
6. How must employers propose economic modifications to employment contracts in France?
In France, when an employer plans to modify an essential element of the contract for economic reasons, the proposal must be sent by registered mail. Employees have a set response period to accept or refuse. If they do not reply within the specified timeframe, the modification is considered accepted, ensuring clear communication and traceability.
7. What response deadlines apply when employees are asked to accept economic modifications in France?
In France, employees generally have one month to refuse proposed economic changes. If the company is in serious financial distress, the period is shortened to fifteen days. Silence after the deadline counts as acceptance. This structured process ensures employees have meaningful time to consider changes that affect their employment terms.
