Although the contract of employment is a document every company (and every employee) understands, specific terms vary by country. This article highlights and explains some of the key details included in French contracts of employment.
Note that French employment terms are also governed by separate company and/or collective agreements, such as conventions collectives. These agreements often modify, supplement, or improve upon the minimum legal standards provided for by the French Labour Code.
1. Minimum Salary
The French equivalent to the UK’s National Minimum Wage is known as the SMIC (Salaire Minimum Interprofessionnel de Croissance) which is regulated by the Labour Code. The SMIC applies to all private sector employees across the country, although some conventions collectives provide for a greater minimum wage.
There are specific salary rules for apprentices, interns, and young workers aged 16-18, which apply variously according to their age.
2. Probationary Period
Any probation period must be specifically stated in the contract or referring to the relevant CBA, as they are not mandatory. The French Labour Code provides guidance on their duration, such as two months for blue-collar and office workers, and three months for supervisors and technicians.
3. Overtime
Time worked beyond the legal 35-hour week is usually classed as overtime, which is worked at the employer’s written or verbal request.
Employees may not refuse overtime requests in principle. However, they cannot be penalised for refusing to work overtime in exceptional circumstances (for example, if the employer does not give enough prior notice of the additional hours to be worked).
Overtime must be paid as long as it was requested by the employer. If it was not, the employee must establish that the overtime was necessary to complete a task entrusted to them – such as meeting an urgent deadline – in order to claim payment. Overtime rates are set either by French law, or by a collective or company agreement.
Employers should be mindful of the French annual overtime quota, which is legally set at 220 hours per employee, per year (though the convention collective may provide for a different amount). The overtime quota can be exceeded, but the employee will then be entitled to both additional payment and compensatory rest.
4. Sickness Absence
Self-certification for sickness absence does not exist in France. An employee who is sick must provide a doctor’s certificate (avis d’arrêt de travail) within 48 hours to justify their absence from work, receive sick pay, and avoid potential disciplinary action.
Salary maintenance during sick leave applies after the employee has completed one year of service, and is part-paid by both French social security and the employer. The amount and duration for these payments are usually set by the company’s convention collective.
It is very important to note that French employers are prohibited from asking their employees why they were off sick, as well as any questions related to their health. For the same reason, the doctor’s certificate will not disclose any health information and simply confirms the employee’s required absence dates.
5. Paid Annual Leave
French employees are entitled to a minimum of 30 days’ paid leave per year, plus 11 public holidays (and extra rest days for employees working to a forfait-jours agreement). The 30-day entitlement runs from Monday to Saturday, but some companies choose to offer 25 days’ leave, running from Monday to Friday, instead.
Certain rules govern annual leave accrual, which are summarised in this article. Employees must also book a minimum of two weeks’ (and a maximum of four weeks’) leave between 1st May and 31st October, with at least two weeks taken consecutively.
Employers are responsible for ensuring their staff take the leave due to them, as well as facilitating leave requests fairly (so that issues like length of service, family situations, or other work commitments may take precedence over ‘first come, first serve’). The convention collective may include specific provisions related to annual leave and the order of approval to be applied across the company based on the criteria mentioned above.
Please contact us for bespoke guidance about contracts of employment in France.
We support international businesses who have (or who are looking to establish) a presence in France. Our specialist French HR services provide clarity, cultural guidance and peace of mind, as well as ensuring legal compliance.
Additionally, we host regular 30-minute online training workshops on a wide range of French employment topics. Our workshops are free to attend and can be booked here.