Key points
- The permanent employment contract (contrat à durée indéterminée, CDI) has no end date and offers stability to both the employer and the employee.
- A full-time CDI can be concluded without a written contract, but the employer must give the employee written information documents; a written contract remains the most reliable reference in the event of disagreement.
- The information to be given to the employee covers in particular the duties, pay, place of work and, where applicable, the probationary period.
- A contract template provides a standard structure but must be adapted to each specific situation.
- The CDI rests on a mutual commitment and may include clauses such as a non-compete clause or a mobility clause.
What is a permanent employment contract (CDI) in France?
The permanent employment contract, often called a CDI, is one of the most widespread contracts in the working world. Unlike temporary or fixed-term contracts, it has no specified end date, which offers stability to both the employer and the employee. Drafting it requires particular care to make sure that all legal requirements are met, for example by consulting an employment contracts and sensitive clauses lawyer (in French). In a CDI, several essential clauses must be included to frame the employee’s role and working conditions effectively. These clauses cover in particular the description of tasks, the place of work, the salary and many other fundamental elements.Legal requirements for a CDI contract
Does a CDI have to be in writing?
For a full-time CDI, the French Labour Code (Code du travail) does not require a written contract: the contract “may be drawn up in the form that the contracting parties decide to adopt” (Article L. 1221-1 of the Labour Code). However, the employer must give the employee one or more written documents containing the main information on the employment relationship (Article L. 1221-5-1). A written contract remains strongly recommended: it serves as a reference in the event of disagreement and lets each party know its commitments. In certain specific situations, drafting a fixed-term contract (CDD) could be considered as an alternative. The written contract should include not only the relevant personal information but also clearly define working arrangements such as working hours or weekly working time. This minimises ambiguity from the outset.Essential clauses and information
The contract or the information documents given to the employee (Article R. 1221-34 of the Labour Code) state in particular:- Duties: A clear description of the employee’s tasks and responsibilities.
- Salary: A precise statement of pay, including any bonuses.
- Place of work: Determines where the employee will mainly perform their duties.
- Probationary period: Optional, it is not presumed and must be expressly stipulated; during the period, either party may terminate the contract without giving reasons.
Contract template: a practical tool
To make drafting easier, contract templates can be very useful. They serve as a guide by providing a standard structure that includes the required clauses. This makes sure that nothing is left out by mistake. These templates must be adapted to each specific situation, because each job may have unique features to take into account, as drafting an apprenticeship contract might require. However, it is advisable to obtain legal advice to tailor these templates so that they accurately reflect the specific terms of your working relationship. A template does not replace legal advice in particular or complex situations.Responsibilities of the employer and the employee
Mutual commitment and transparency
Beyond the formal clauses, the CDI rests on a mutual commitment between the employer and the employee to maintain a productive working relationship. This transparency should also involve regular communication and updating the contract when necessary, for example on a change of position or a salary review. Understanding the implications of the mobility clause (in French) can therefore be crucial in certain professional contexts. For the employer, complying with legal and contractual obligations not only maintains a good reputation, but also fosters a climate of trust that supports efficiency and job satisfaction.Striking a balance
A successful CDI also requires striking the right balance between flexibility and a rigid framework. This constant movement between strict internal rules and adaptation to financial and human realities is essential. Both parties must be ready to make adjustments in the event of economic or organisational changes. Including elements such as a non-compete clause could also help prevent future conflicts.FAQ on drafting a CDI contract
Which elements of a CDI differ by business sector?
The content of a CDI may vary slightly from one sector to another depending on the applicable collective bargaining agreements or the specific features of certain professions. For example, in the technology sector, intellectual property clauses will often be added. In other fields, aspects relating to travel or remote working may be developed further. An exclusivity clause can be particularly relevant in certain competitive industries.
How can a CDI be amended after signature?
After signature, any substantial change to the CDI requires the agreement of both parties. This covers, for example, a change of position or a revision of contractual pay. A written amendment (avenant), signed by both parties, keeps proof of the change. Do not confuse this step with a recharacterisation of the contract (in French), which a court decides in other situations.
What is the maximum probationary period in a French CDI?
The maximum probationary period depends on the employee’s occupational category. In principle, it is limited to 2 months for manual workers and employees, 3 months for supervisors and technicians, and 4 months for managers (cadres) (Article L. 1221-19 of the Labour Code). It may be renewed once if an extended industry-wide agreement provides for it and if the letter of engagement or the employment contract expressly stipulates it. Including renewal, it may not exceed 4 months for manual workers and employees, 6 months for supervisors and technicians, and 8 months for managers (Articles L. 1221-21 and L. 1221-23).
For assistance: employment contract termination lawyer.
