Is the employment contract necessarily written?
Verified 03 June 2024 - Directorate for Legal and Administrative Information (Prime Minister)
It depends on the nature of the employment contract of the employee, hired in CSD: titleContent or DTA: titleContent. We present you with the information you need to know.
CSD
The fixed-term contract (CDD)) must obligatory be concluded in writing.
The following fixed-term employment contracts must also be obligatory concluded in writing :
- Temporary employment contract
- Intermittent employment contract
- Apprenticeship contract
- Professionalization contract
- Single Insertion Contract (CUI)
- Contract with a employers' association
- Contract of employment in salary portage for a fixed or indefinite period
If the fixed-term contract has not been concluded in writing, the contract of employment may then be requalified, possibly in a full-time DTA.
The requalification of the CDD (i.e. its conversion into full-time CDI) can then be decided by the labor council (CPH) at the request of the employee and subject to conditions.
The employer is liable to a fine of €3,750 (€7,500 in the case of a repeat offense) if he uses the CDD or temporary work without a written contract.
FYI
The contract of employment established in writing must be drawn up in French. The foreigner employee may request the translation of his contract into his original language.
The Digital Labor Code website offers a contract template:
Template - Fixed-term employment contract (fixed-term contract)
DTA
Répondez aux questions successives et les réponses s’afficheront automatiquement
Full-time DTA
As a general rule, a written statement is not not required for a full-time CDI, but one collective agreement may provide for a written statement.
In the absence of a mandatory written statement, the employer must, however, provide the employee with a copy of the pre-employment declaration (PED).
In practice, and in particular to prevent any conflict or dispute between the employee and the employer, the signing of a contract is always preferable.
If the employer has not written for a full-time contract of employment, when he should have, he may be fined an amount of €1,500 (€3,000 in case of recurrence).
FYI
the contract of employment established in writing must be drawn up in french. The foreigner employee may request the translation of his contract into his original language.
The Digital Labor Code website offers a contract template:
Part-time DTA
The employment contract of the part-time employee shall obligatory be concluded in writing.
If the employer has not written for a part-time contract of employment, when he should have, he may be fined an amount of €1,500 (€3,000 in case of recurrence).
FYI
the contract of employment established in writing must be drawn up in french. The foreigner employee may request the translation of his contract into his original language.
The Digital Labor Code website offers a contract template:
Mandatory written contract for part-time work
Mandatory written contract for intermittent work (L3123-34)
Mandatory written contract for apprenticeship (R6222-2)
Mandatory written contract for a professionalization contract (D6325-1)
Written contract of assignment (temporary work)
Written contract of employment in pay carry-over
Optional written contract (L1221-1), presumption of a non-written contract (L1221-2) and contract in French (L1221-3)
Pre-hire declaration
Document template
Document template