The different types of employment contract in France

The employment contract governs the relationship between an employer and an employee. From traditional CDI and CDD to special contracts, discover the main types of contracts applicable in France, with their particularities and obligations.

What is an employment contract?

An employment contract is defined as a reciprocal agreement between an employer and an employee, formalizing their rights and obligations. It is based on three major criteria: a work service, remuneration and a legal subordination link. The signing of a contract validates hiring and sets the essential conditions, such as duration, remuneration or schedules.

The Labor Code imposes different forms of contracts depending on the situation (CDI, CDD, interim, etc.). Some are written, others may tacitly exist (rarely advised). In all cases, comply with the legislation guarantees the protection of the employee and limits the risk of disputes for the employer. The job formalities make it possible to ensure a clear declaration with social organizations.

The various employment contracts

The indefinite employment contract (CDI)

The CDI is the most common and stable form of employment contract. It does not include an end date, guaranteeing the employee a job security. The employer can only break a permanent contract for a real and serious reason (economic or disciplinary dismissal, contractual termination, etc.). Its main advantage: it promotes the stability and loyalty of employees.

The CDI can be concluded full -time or part -time, depending on the agreement between the parties. He must contain the compulsory information (functions, workplace, remuneration, non-competition clause if necessary).

The fixed -term employment contract (CDD)

The CDD is a contract which meets specific and limited needs in time, such as a temporary increase in activity or a replacement. He must specify the end date or the event ending the employment relationship. Labor legislation provides strict rules (renewal, reason, precariousness allowance). If they are not respected, the CDD may be reclassified as a permanent contract.

At the end of the contract, an end of mission allowance (or precariousness bonus) is paid, unless the employee continues on permanent contracts. This premium represents 10 % of total gross remuneration. Overtime, if they exist, remain subject to general labor legislation.

The part -time contract

The part -time contract corresponds to an activity whose weekly duration is less than the legal duration (35 hours). It can be a CDI or a CDD, as required. The terms (distribution of hours, worked days, etc.) must be clearly indicated in the contract.

The part -time employee benefits from the same rights as the others, in proportion to his working time: paid leave, training, social security. The employer must respect a minimum of hours and avoid the “too fragmented” so as not to harm the employee's personal life.

The temporary contract

The interim contract, or temporary employment contract (CTT), involves three actors: the user company, the temporary agency and the temporary employee. The specific cases for which this provision applies are registered in the Labor Code. The maximum duration of the contract is framed (generally 18 months maximum) as well as special cases.

The temporary agency pays the employee who also receives a precariousness bonus (end -of -mission allowance) and a compensatory compensation for paid holidays. The mission contract is privileged for its flexibility and flexibility in the event of an urgent need of staff.

The CESU employment contract

The CESU employment contract (Universal Service Employment Check) simplifies hiring for individuals who wish to employ at home (cleaning, childcare, gardening, etc.). This system makes it easy to declare the employee, manage social contributions and settle the remuneration.

Thanks to CESU, the employment relationship is official, respecting legal obligations (pay slip, paid holidays, insurance, etc.). It is a rapid way to avoid hidden work and benefit from possible tax deductions for personal service.

The seasonal employment contract

The seasonal contract applies to activities related to one season (harvest, tourism, crops, etc.). The duration aligns over the seasonal period, without being able to exceed the punctual need. A precariousness bonus is generally due, unless more favorable branch agreement.

The seasonal employee can sometimes be recalled from one year to the next, benefiting from a priority for rehiring. The rights to training and social protection evolve according to the total duration of the contract and the conventional provisions.

The apprenticeship contract

The apprenticeship contract is intended for young people aged 16 to 29 (possible derogations). He alternates training in CFA (apprenticeship training center) and business experience, aimed at obtaining a diploma or a professional title. The calculation of remuneration depends on age and advance in training.

The apprentice has an employee status, subject to social protection. The employer benefits from financial aid (exemption from contributions, hiring incentives) to encourage work -study. This system promotes integration and professional qualification.

The professionalization contract

The professionalization contract is intended for job seekers, young people under 26 years of age or retraining adults. He mixes theoretical training (training organization) and concrete application in business. We are talking about a work -study device, close to learning, but with a broader eligibility framework.

The employer benefits from exemptions and support by skills operators (OPCO). The employee acquires a recognized qualification (diploma, certificate, RNCP title), strengthening his employability. The duration of the contract oscillates between 6 and 24 months.

The senior fixed -term contract

The senior fixed -term contract is reserved for people over 57 looking for a job or benefiting from a professional security contract. Its objective: to facilitate retraining or maintaining the employment of a potentially weakened audience.

The duration can reach 36 months under certain conditions. This system offers a balance between flexibility for the employer and security for the senior employee. It is a response adapted to the challenges of active aging on the job market.

The single insertion contract

CUI is a device that facilitates the hiring of people encountering difficulties in access to employment. It can be established in the form of a permanent contract or fixed -term contract and is accompanied by financial aid for the employer, in order to reduce the wage cost.

Above all, this contract targets professional reintegration through personalized support, training actions and suitable follow -up. CUI thus contributes to improving the employability of targeted audiences (long -term job seekers, beneficiaries of social minima, etc.) and encourages the stability of their professional career.

The fixed -term contract for use

The CDD for use (CDDU) is a contract reserved for certain sectors (hotel, catering, show, audiovisual, etc.) where activity is by nature fluctuating. Its main specificity: it can be concluded for a very short mission and renewed several times.

The CDD regime is subject to strict regulation, in order to avoid abuse and precariousness. The employer must justify the constant use of this type of contract in the sector concerned, under penalty of requalification in permanent contracts.

The intermittent contract

The intermittent contract alternates periods worked and periods not worked. Widely used in artistic production, it meets the recurring but discontinuous needs of a company (shows, festivals, events). The employee knows in advance the periods of employment.

The organization of working time is defined in the contract (pace, timetables). This type of contract must comply with collective agreements or agreements which authorize the use of intermittentness. The employee retains the benefits by combining several missions over the year.

The salary portage contract

The salary portage contract is similar to a tripartite relationship: the employee worn, the portage company and the client company. The employee worn acts as an independent, but benefits from the salaried scheme (social protection, retirement contributions, insurance). He entrusts administrative and accounting management to the wage portage company.

This formula offers great autonomy and secures the consultant. Management costs are taken by the portage company in exchange for services (invoicing, recovery, declarations). Salary portage is therefore an alternative to independent status.

The indefinite -term site or operation contract

The site or operation contract applies in certain sectors (construction, engineering, IT services). It ends at the end of a site or a determined operation. Unlike the CDD, it is concluded for an indefinite period, but the realization of the project fixes the outcome.

Companies use it to gain flexibility without multiplying fixed -term contracts. The employee benefits from a permanent status and any specific compensation at the end of the operation. However, the validity of this contract depends on collective agreements authorizing this user manual.

The labor loan

The loan of labor (or provision) consists in temporarily “lending” an employee to another company. Very supervised, he must respect the non -profit character (no margin on the wage cost) and the agreement of the employee.

This practice can help a company to keep an employee during a low activity period, while occupying it in a partner structure which has a punctual need. The initial employment contract is not broken: only an amendment formalizes the provision.

The characteristics of the employment contract

What does an employment contract contain?

An employment contract must mention the essential elements: identity of the parties, function, workplace, remuneration, duration (if it is a fixed-term contract or an temporary contract), any clauses (mobility, non-competition), and trial period. Without this information, the employee can claim requalification as a permanent contract or other compensation.

According to the collective agreement, there may be specific clauses: premiums, benefits in kind, modular hours. Any add modifying the balance of the contract must be subject to a written agreement to avoid subsequent conflicts.

Parties' obligations

The employer must provide work, pay remuneration, ensure security within the company and respect the legislation (working time, paid holidays, equality, etc.). For his part, the employee performs the missions in accordance with his post, as part of the subordination link.

Loyalty and confidentiality obligations can be added depending on the sector (confidentiality clause, exclusivity clause). The violation of these obligations exposes the employee or the employer to sanctions, or even a breakup for serious misconduct.

The case of the hiring of a foreign employee

For the hiring of a foreign employee in France, it is imperative to check his residence permit or his work permit. The prior declaration for hiring remains compulsory, as is verification with the competent administration.

An employment contract in good and due form must be established, mentioning the residence permit and the period of validity. The employer who does not comply with these obligations risks sanctions for hidden work and a possible refusal or withdrawal of approval.

Manage an employment contract

How to modify an employment contract?

The modification of an employment contract may, in some cases, require the agreement of the employee. The changes on an essential element of the contract are concerned, such as remuneration, place, schedules or type of contract. Thus, it is imperative to obtain the written agreement of the employee and then to write an amendment to the contract. On the other hand, a simple change of workplace in the same geographic sector can be the responsibility of the employer's management power.

If the employee refuses the modification, the employer may keep the contract as it is or trigger a dismissal procedure. Each situation must be analyzed with regard to legislation and case law.

How to suspend an employment contract?

The suspension of an employment contract occurs when the employee cannot exercise his post, without breaking the contractual relationship. This concerns paid leave, sick leave, parental leave, accident, strike and layoff, partial activity or temporary closure of the company. During this period, the bond of subordination remains, but the employee does not always perceive all of his remuneration.

The labor code specifies the rights (partial or total maintenance of the salary, covered by social security) and obligations (medical proof, compliance with suitable working conditions). At the end of the suspension, the employee must find his post or a similar position.

How to break an employment contract?

The termination of an employment contract varies according to its form. On permanent contract, we find resignation, dismissal (economic or disciplinary) or conventional rupture. For a fixed -term contract, the end comes at the expected term, unless authorized early rupture (serious fault, mutual agreement, hiring on permanent contract).

Each rupture mode leads to rights and obligations: notice, allowances, work certificate, France work certificate. In the event of irregularity, the employer or the employee faces prosecution and risks heavy financial consequences.

The reclassification of the employment contract

Requalification occurs when a fixed -term contract or an interim contract is deemed non -compliant. The courts can then transform the relationship into a permanent contract. This risk arises if the reason for appeal is not justified, if the deficiency period is not respected or if compulsory clauses are lacking.

The employer must prove the lawfulness of his contract: clear dates, exact reason, signature, mention of obligations. The requalification is expensive, because the employee receives compensation of at least a month of remuneration and can claim advantages linked to the CDI.

FAQ - Frequent questions

Can I conclude a fixed-term contract without specific reason?

No. In France, the CDD must imperatively be based on a legal reason: replacement of an absent employee, temporary increase in activity, seasonal employment or usage contract. The absence of a reason can lead to a permanent requalification.

How many times can we renew a fixed-term contract?

As a rule, a CDD can be renewed twice maximum, within the total limit of 18 months (or 24 months in certain situations). Each renewal must appear in an amendment, justified by the continuation of the initial motif.

What is the difference between the trial period and the probationary period?

The trial period allows each party to assess the employment relationship and freely break the contract. The probationary period (rare and subject to collective agreements) rather concerns a change of position or function, without breaking the initial contract.

Do trainees sign an employment contract?

No. A trainee is not an employee and does not sign an employment contract, but a tripartite internship agreement (teaching establishment, host company and intern). It therefore does not benefit from the same rights or the same obligations as an employee.