Last Updated on: December 12, 2024 | By: @rprasanth_kumar
There are different types of employment contract in France, depending on their duration, the employer’s activity or the nature of the work entrusted to the employee. The written contract specifies the salary, qualifications, working hours and, more focusing on the employee’s duties. It also explains a number of obligations for both employee and employer.
In general, French job contracts can be divided into 3 types. Each type of contract is governed by specific rules.
- CDI – Contrat à durée indéterminée. A permanent job contract.
- CDD – Contrat à durée déterminée. A fixed-term job contract.
- Temporary contracts – Interim and CDD d’usage
Table of Contents
CDI – Contrat à durée indéterminée
An permanent employment contract (CDI) is a full-time or part-time contract of unlimited duration between an employer and an employee. It is the most common type of contract signed in France. CDIs can be signed on a full-time or part-time basis.
Contents of a CDI contract
In practice, the CDI job contract must include the following information:
- Identity and address of the parties (employee and employer)
- Job title and professional qualifications
- Place of work
- Working hours
- Remuneration (salary and bonuses)
- Paid vacations
- Length of trial period
- Notice periods in the event of contract termination
- Non-competition or mobility clause, if applicable
Duration
CDI contracts are concluded for an unlimited period.
- By definition, it does not specify an end date. It can only be terminated by a unilateral decision of either the employer (dismissal for personal or economic reasons, retirement) or the employee (resignation, retirement), or for a reason external to the parties (e.g. force majeure).
- It can also be terminated by agreement between the two parties, under the “rupture conventionnelle” introduced by law no. 2008-596 of June 25, 2008. These set out the rights and obligations of both employer and employee.
- During the trial period, either the employee or the employer may terminate the employment contract without special justification or compensation.
- The contract may be suspended in a situation during which the payment of wages by the employer and the performance of work by the employee temporarily cease (e.g.: exercise of the right to strike, jury duty, occupational illness or accident, maternity, paternity, adoption or parental leave, sabbatical leave, temporary closure of the company, layoff) without being terminated in certain cases (e.g.: illness, maternity leave, exceptional leave, strike).
CDD – Contrat à durée déterminée
A fixed-term job contract (CDD) must be in writing and include a number of mandatory clauses. It must be sent to the employee within 2 days of recruitment. This corresponds to every day of the week, with the exception of the weekly rest day (usually Sunday) and public holidays not usually worked in the company following hiring.
Non-compliance with this time limit does not in itself lead to the conversion of the CDD into a CDI. However, if this provision is not respected, the employee is entitled to compensation, payable by the employer, equal to a maximum of one month’s salary.
Contents of a CDD contract
The contract must be in writing, drawn up in French and signed by the employee.
Did you know? Failure to meet one or more of these conditions will result in the CDD being reclassified as a permanent contract (CDI) by a judge.
The CDD contract must include the following information:
- A precise indication of the reason for the contract. The reasons should include one of the following,
- Replacement of an employee
- Temporary increase in activity
- Seasonal employment
- Details of the duration, such as
- Contract end date
- Renewal clause if the fixed-term contract is to be extended
- Minimum duration if the contract does not include a precise term
- Length of trial period
- The weekly working hours must be specified if the employee works part-time.
- The position occupied by the employee, such as
- Job title
- Name and professional qualification of the employee being replaced, in the case of a replacement.
- Details of remuneration must be included
- Amount (which may not be less than that which would be received by another employee of the company on an open-ended contract, with equivalent qualifications and position)
- Composition (bonuses, bonuses, allowances, benefits in kind, etc.)
- Certain collective rights applicable to the employee must be specified in the contract,
- Title of applicable collective agreement
- Name and address of supplementary pension fund
- Name and address of provident fund, if affiliated
- Title and references of the collective agreement establishing the contract, in the case of a CDI with a defined purpose.
Table – Maximum authorized CDD duration
| Type of CDD | Maximum Duration Allowed |
| General cases | 18 months |
| Replacement of an absent employee or one whose employment contract has been suspended: Situation during which payment of wages by the employer and performance of work by the employee temporarily cease (for example: exercise of the right to strike, jury duty, illness or accident at work, maternity, paternity, adoption or parental leave, sabbatical leave, temporary closure of the company, layoff). | End of the replaced employee’s absence. The fixed-term contract may be terminated up to the day after the day on which the replaced employee returns to work, up to a maximum of 18 months. |
| Employment contract concluded to replace the head of a craft, industrial or commercial business, or a self-employed person End of absence. | The fixed-term contract may be terminated up to the day after the day on which the replaced employee returns to work, up to a maximum of 18 months. |
| Contract concluded pending recruitment of an employee on permanent contract: CDI | 9 months |
| Contract concluded in the context of an employee’s definitive departure before his or her position is eliminated | 24 months |
| Contract for temporary increase in company activity | 18 months |
| Contract for exceptional export orders | 24 months |
| Contract for urgent safety work | 9 months |
| Contract for seasonal employment | End of season |
| Contract performed abroad | Fulfillment of the purpose of the contract, up to a maximum of 24 months. |
| Contract to encourage the hiring of unemployed people (CUI-CIE and CUI-CAE) | Duration set by law or regulation for each type of contract. |
| Contract to provide additional vocational training | Duration set by law or regulation for each type of contract. |
| Contract concluded in the context of a job for which it is not customary to use a CDI contract | 18 months |
Renewal of CDD contract
In general, a fixed-term CDD job contract cannot be renewed. If your CDD job contract provides for a termination of contract, the termination date must be indicated in your contract.
However, a CDD can only be renewed 2 times and in the following in 2 cases,
- A clause in your job contract allows an extension or renewal.
- Your employer proposes you an additional contract document (Avenant: document containing a modification, adaptation or supplement made by mutual agreement between the two parties) before the end of your initial CDD contract.
Cooling-off period for CDD Renewal
When a fixed-term contract (CDD) ends, it is not possible to use another fixed-term contract for the same position, with the same employee or another employee, before a minimum period called the cooling-off period (délai de carence).
The cooling-off period is the time that must elapse between the end of your CDD and the start of another CDD for the same position. If there are no applicable collective agreements (e.g., collective bargaining agreements, company agreements), the cooling-off period depends on the duration of the fixed-term contract as follows:
- For CDD contracts lasting less than 14 days: The cooling-off period is half the CDD duration.
- For CDD contracts lasting 14 days or more: The cooling-off period is one-third of the CDD duration.
- No cooling-off period,
- if your new CDD contract is concluded to replace a temporarily absent employee.
- if your new CDD contract is concluded to ensure the replacement of an employee, whose employment contract is suspended.
Note:
- The contract duration is counted in calendar days (including weekends and holidays). However, the cooling-off period is counted in the days the business or establishment is open (usually weekdays).
- Failure to comply with the cooling-off period (by employer) results in the reclassification of the fixed-term contract (CDD) into a permanent contract (CDI). The employer may be required to pay compensation of at least one month’s salary.
Temporary contracts
The temporary contracts can be broadly classified in to 2 types.
- Contrat d’intérim / Temporary employment contract
- Contrat d’extra (CDD d’usage) / Extras contract
Contrat d’intérim
The duration of a temporary assignment is stipulated in the employment contract, but may not exceed the legal maximum duration, which varies according to the nature of the assignment.
- During their assignment, temporary employees enjoy the same rights as other employees.
- Temporary employees receive a precariousness bonus and vacation pay at the end of their assignment.
- The assignment contract may be terminated under certain conditions.
Contrat d’extra (CDD d’usage)
The “contrat d’extra” or “contrat d’usage” is another type of fixed-term contract.
- It is a special type of contract that allows an employer to hire an employee to carry out a specific, temporary task (from a few hours to several days).
- This type of contract can only be used to meet one-off, immediate requirements for a specific position.
- This type of contract can only be concluded in strictly defined sectors of activity.
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Hello Prashanth Garu!
I hope you are doing well.I am currently working as a technician R&D engineer of cement of CDD(CONTRAT DE TRAVAIL A DUREE DETERMINEE)
. I have been in this job since September 2024 for 6 months and renewed for 6 months in total, 1 year. Now my visa status is APS, which is going to end in September 2025; by then, exactly my CDD contract is also going to finish.
I doubt staying in France. I know the best solution is to get CDI, but what if my company proceeds to give one more year of CDD? Your blog explained that CDD can only be renewed 2 times within the same company. So even if my company offers or renews 6 months or 1 year by then, I don’t have any visa further from September 2025(APS of 2 years will be finished), or can I apply for a renewal of visa with a CDD contract?
Thank you for writing such a great blog, and helping many students and Indian people.
Hello Bhargav,
I have updated the part about CDD renewal with more context. In general, a CDD cannot be renewed but there are exceptions.
If you obtain a new CDD (1yr or more) or CDI, there is no point in working on an APS. Check the options explained ere https://prasanthragupathy.com/2023/09/work-resident-permits-after-graduating-in-france/