(Note: this information builds upon our previous summary of key French employment contract details, which can be viewed here).
In this article, we will dive more deeply into the information typically provided in a French contract of employment. Remember that the contract document must always be read in conjunction with applicable company or collective agreements, such as the convention collective, for a complete view of the legal working relationship.
In France, contracts of employment – and all documents that set employment obligations – must be drafted in French.
Foreign companies whose first language is not French may draft contracts in their native language for informational purposes. However, a French version is mandatory, and this version will prevail if an employment dispute should occur. Any communication that isn’t in French can be requested in a French version by the French Administration such as the Labour Inspection or the Tribunal.
The company’s convention collective lists a set of employment classifications, which provide certain information and rights for individual employees.
These classifications (coefficients, or coeffs) are numerical values, which are based on qualifications, experience, and job requirements. Assigned by the employer, the assigned coeff determines an employee’s minimum salary, notice period, benefits and seniority rights in line with the convention collective, and it must be clearly specified in their contract.
The contract should also include the employee’s job description, either as part of the contract body or as an appendix. This must at least take the form of a brief, non-exhaustive summary of duties.
While the probation period (période d’essai) is not mandatory in France, it is commonly used to assess suitability for both the employer and employee.
Usually, the période d’essai can last for up to two months (three for agents de maîtrise, or supervisors, and four for cadres, or executive employees) in a permanent contract, although the convention collective may provide for a shorter period.
In a fixed-term contract of under six months, the probation period is limited to one day per week of the contract duration, capped at two weeks. This increases to one month for longer-term contracts.
The période d’essai may be renewed only if this is explicitly stated in both the convention collective and the employment contract, and has been agreed by both the employer and employee. During this period the contract may be terminated without cause, subject to certain notice requirements.
Payment (remunération) is often specified as a monthly or yearly amount plus the number of instalments, which is usually 12.
The contract should also specify the number of working hours applicable to the salary amount, along with any mandatory weekly overtime. Different rules apply in the case of forfait-jour agreements, which allow certain employees to work for a set number of days per year (normally 218).
Variable remuneration, such as bonus and commission payments, is highly regulated and must be based on objective, achievable, and clearly-defined business targets.
The contract itself will simply mention the possibility of benefiting from these payments, with a separate, clearly-worded document attached. This document will set out the conditions for awarding a bonus payment, for example (such as the achievement of a strategic and quantitative business objective) which may change each year.
Note that if these objectives are not communicated early or clearly enough, the employee may be entitled to their full variable remuneration regardless, so care must be taken when drafting the document.
Please don’t hesitate to contact us if you would like bespoke guidance about contracts of employment in France.
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