GUIDE

Work contracts: Fluidify your HR management for more efficiency!

Discover the main employment contracts, the legal obligations of the employer in terms of drafting and explains how a digital tool can streamline the employment relationship and facilitate the automation of formalities. You will also find advice to write a contract while respecting each clause required by the Labor Code.

What are the types of employment contracts?

An employment contract defines the employment relationship between an employer and a person carrying out a mission against remuneration. According to the Labor Code, there are several categories, concluded for a fixed period or not. The provision of an employee with a client company is also possible via the temporary employment contract. Each type responds to specific rules: written form, compulsory notices, duration of the contract, trial period, etc.

The indefinite contract (CDI)

The CDI is the most common and protective form in the private sector. He hires the employer and the employee without fixed end date, which guarantees a certain stability. The CDI can be concluded full -time or part -time.

Any modification of the workplace or remuneration must comply with certain clauses and a possible collective agreement. The applicable collective agreement may provide for a more or less long trial period, renewable according to the conditions concluded.

In principle, indefinite work breaks with a resignation, a dismissal (economic or personal reason) or a contractual termination, subject to compliance with the notice. In some cases of collective dismissal, the procedure involves the administrative authority and the Social and Economic Committee (CSE).

The fixed -term contract (CDD)

The CDD is a type of contract concluded for a maximum duration, in order to meet a temporary need. It can be signed to replace a person on leave (sickness, maternity leave, parental leave) or to cope with a punctual increase in activity.

The employment relationship thus established is circumscribed in time and must be subject to a written contract mentioning the end date. Unless it is concluded for a minimum duration with an uncertain term (e.g. replacement of an absent employee or seasonal contract).

The CDD can only be renewed within the limit of the maximum duration provided for by the law or the collective agreement. The termination of the contract in advance is only possible in specific cases (mutual agreement, serious fault, etc.). At the end of the CDD, if the employer does not offer a new contract, the employee receives an end -of -mission compensation, with the exceptions provided for by the Labor Code.

Specific contracts

Some employment contracts have different characteristics:

  • Professionalization or learning contract : concluded to promote the qualification of a young or an adult, with training and work -study activity.
  • The temporary work makes it possible to provide a short -term mission via a temporary work company.
  • The temporary employment contract meets a punctual need or replaces an absent employee.
  • The wage portage offers the social protection of an employee to an independent (worn employee) who retains his autonomy.
  • The associative-employment check simplifies the hiring and the payment of wages in the associative sector.
  • The CDD for use covers a seasonal or cyclical activity in certain recognized sectors.
  • The CDD with a defined object : to recruit an engineer or an executive. It lasts a maximum of 18 to 36 months, and the end of the contract comes when the mission for which it was concluded ends.
  • The single integration contract supports the employment of audiences in difficulty in professional integration.

What are the best working contract management tools?

To streamline HR management, limit time waste and effectively digitize employment contracts, many software solutions have emerged. They automate writing, signature and archiving, while respecting the Labor Code. These tools help you better meet legal requirements and simplify formalities.

ATS and SIRH, digital management solutions

An ATS (Applicant Tracking System) or a HRSH (Human Resources Information System) brings together your data and procedures related to contracts. For example, digitizing its HR processes thanks to an advanced platform considerably improves the update of documents and coordination between the teams. You can thus generate pre -filled contracts, manage the validation workflow and ensure centralized follow -up.

Thanks to the integration of an e-signature module, the employee signs his contracts without paper exchange. In parallel, the manager validates each clause online. The HR service then reduces the risks of error and oblivion, while ensuring total traceability. This aspect is essential to meet the obligations in terms of working hours, notice or compulsory mentions.

The features to be sought in contract management software

To gain efficiency, some features are essential:

  • Automatic generation of contracts : Create an employment contract (CDD, CDI, etc.) via customizable models.
  • Validation workflow : Organize the provision of documents for each party (employer, employee) and follow the steps.
  • Electronic signature : Sign a contract in a few clicks, without paper format, and save time.
  • Secure archiving : keep each contract while respecting social protection and confidentiality.
  • Notifications and reminders : Avoid exceeded deadlines for the trial period, breach of the contract, etc.

Certain solutions may even be associated with an HR reporting module to analyze your recruitment processes and the evolution of your employment contracts.

How to write an employment contract?

The drafting of an employment contract is governed by strict rules. Any working relationship must be formalized by a written document, indicating in particular:

  • The identity of the parties (employer, employee) and the job date.
  • The form of the contract: CDD, CDI, or other type of contract.
  • The duration (if it is concluded for a fixed period) or the full time / part -time time.
  • The missions entrusted and the qualification of the employee.
  • Specific clauses: trial period, workplace, remuneration and advantages.

In addition to these points, any collective agreements or the applicable collective agreement may require additional compulsory information, such as the weekly working hours, the suspension of the contract in the event of special leave (e.g. parental leave), or the dismissal procedure for economic reasons if the situation is presented.

Writing a complete and compliant contract guarantees the protection of both parties: the employee knows his rights and obligations, while the employer can assert compliance with the signed clauses if a dispute occurs. To simplify this task, customizable models and a creation workflow integrated into your HRSH prove to be very effective.

What are the employer's obligations in terms of employment contract?

The employer must give the employee a written employment contract when the law or the collective agreement requires it.

The employer's obligations include:

  • Inform the employee of key clauses (location, remuneration, duration, schedules).
  • Respect the notice in the event of dismissal, except for a serious lack or end of the mission in fixed -term contracts.
  • Guarantee social protection in accordance with the security code (health insurance, retirement, etc.).
  • Do not unilaterally modify the contract if this implies an upheaval of the nature of the employment relationship (decrease in unjustified remuneration, radical change in workplace, etc.).

In the event of non-compliance, the employee may contest the validity of certain provisions, claim damages or request the requalification of the contract. It is therefore essential to ensure the regular update of its models and HR practices, for example via dedicated HR reporting.

FAQ - Frequent questions

Can we conclude an employment contract orally?

In theory, an employment contract can be trained orally if the employee and the employer agree on the position and the remuneration. However, it is very risky, because no written trace protects the parties in the event of a dispute. It is therefore strongly recommended to formalize in writing, especially for a fixed -term contract or a fixed duration.

Can a fixed-term contract transform into a permanent contract automatically?

Yes, if a fixed-term contract continues beyond the maximum legal duration or if the employer omits to establish an amendment validating the extension, the labor law provides for requalification as a permanent contract. We must therefore respect the formal conditions and the period set for this limited -term contract.

Does telework require an amendment to the contract?

Teleworking modifies working conditions (place, timetables, etc.). An endorsement is often advised to avoid any subsequent disputes, unless a collective agreement allows this practice without any particular formalism. The telework clause specifies in particular the coverage of costs and the modality of application.

Can we break a fixed-term contract before the scheduled date?

The termination of the before -term CDD contract is strictly supervised: mutual agreement between parties, serious misconduct, force majeure, or hiring on permanent contracts. Any other reason is exposed to prosecution and payment of compensation for the injured person.

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