Employment contracts: streamline your HR management for greater efficiency!

Discover the main employment contracts, the employer's legal obligations in terms of drafting, and how a digital tool can streamline the employment relationship and facilitate the automation of formalities. You'll also find advice on how to draw up a contract in compliance with every clause required by the French Labor Code.

What types of employment contracts are there?

An employment contract defines the working relationship between an employer and a person carrying out an assignment in return for remuneration. According to the French Labor Code, there are several types of contract, both fixed-term and open-ended. Temporary employment contracts can also be used to make an employee available to a client company. Each type is governed by specific rules: written form, obligatory information, contract duration, trial period, etc.

Open-ended contract (CDI)

A permanent contract is the most common and protective form of employment in the private sector. It commits both employer and employee, with no fixed end date, guaranteeing a degree of stability. CDIs can be concluded on a full-time or part-time basis.

Any change in workplace or remuneration must comply with certain clauses and any collective agreement. The applicable collective agreement may provide for a trial period of varying length, renewable according to the conditions agreed.

In principle, a permanent employment contract is terminated by resignation, dismissal (for economic or personal reasons) or contractual termination, subject to observance of the notice period. In certain cases of collective dismissal, the procedure involves the administrative authorities and the social and economic committee (CSE).

Fixed-term contracts (CDD)

A fixed-term contract (CDD) is a type of contract signed for a maximum duration, to meet a temporary need. It can be signed to replace a person on leave (sickness, maternity leave, parental leave) or to cope with a one-off increase in activity.

The employment relationship thus established is limited in time, and must be the subject of a written contract specifying the end date. Unless concluded for a minimum duration with an uncertain end date (e.g.: replacement of an absent employee or seasonal contract).

Fixed-term contracts may only be renewed up to the maximum duration stipulated by law or collective agreement. Early termination of the contract is only possible in specific cases (mutual agreement, serious misconduct, etc.). At the end of the fixed-term contract, if the employer does not offer a new contract, the employee receives an indemnity for the end of the assignment, unless otherwise stipulated by the French Labor Code.

Specific contracts

Some employment contracts have different characteristics:

• Contrat de professionnalisation or contrat d'apprentissage (professionalization or apprenticeship contract ): concluded to promote the qualification of a young person or adult, with alternating training and activity.
• Temporary work allows you to fill a short-term assignment through a temporary employment agency.
• Temporary employment contracts meet a specific need or replace an absent employee.
• Portage salarial offers the social protection of an employee to a self-employed person (porté salarié) who retains his or her autonomy.
• The "chèque-emploi associatif" simplifies hiring and salary payments in the non-profit sector.
• The CDD d'usage covers seasonal or cyclical activity in certain recognized sectors.
• Fixed-term contract for a defined purpose: to recruit an engineer or manager. It lasts a maximum of 18 to 36 months, and the contract ends when the mission for which it was signed is completed.
• The "contrat unique d'insertion" (single integration contract) supports the employment of people who are having difficulty finding work.

What are the best tools for managing employment contracts?

Numerous software solutions have emerged to streamline HR management, reduce time wasted and effectively digitize employment contracts. They automate drafting, signing and archiving, while complying with the French Labor Code. These tools help you to better meet legal requirements and simplify formalities.

ATS and HRIS, digital management solutions

An ATS (Applicant Tracking System) or HRIS (Human Resources Information System) consolidates your contract-related data and procedures. For example, digitizing your HR processes with an advanced platform considerably improves document updating and coordination between teams. You can generate pre-filled contracts, manage the validation workflow and ensure centralized monitoring.

Thanks to the integration of an e-signature module, employees can sign contracts without having to exchange paper copies. At the same time, the manager validates each clause online. The HR department thus reduces the risk of errors and omissions, while guaranteeing total traceability. This aspect is crucial to meeting obligations in terms of working hours, notice periods and mandatory clauses.

Features to look for in contract management software

To increase efficiency, certain features are essential:

• Automatic contract generation: Create employment contracts (fixed-term, open-ended, etc.) using customizable templates.
• Validation workflow: Organize the provision of documents for each party (employer, employee) and track the steps involved.
• Electronic signature: get a contract signed in just a few clicks, without paper, and save time.
• Secure archiving: Keep each contract in a safe, confidential place.
• Notifications and reminders: Avoid missed deadlines for trial periods, breach of contract, etc.

Some solutions can even be combined with an HR reporting module to analyze your recruitment processes and the evolution of your employment contracts.

How to draw up an employment contract

Drawing up an employment contract is governed by strict rules. Every employment relationship must be formalized by a written document, indicating in particular :

• The identity of the parties (employer, employee) and the date of hire.
• Form of contract: fixed-term, open-ended or other type of contract.
• Duration (if fixed-term) or full-time/part-time.
• The tasks entrusted and the employee's qualifications.
• Specific clauses: trial period, place of work, compensation and benefits.

In addition to these points, any collective agreements or applicable collective bargaining agreements may require additional mandatory mentions, such as weekly working hours, suspension of the contract in the event of special leave (e.g. parental leave), or the redundancy procedure for economic reasons if the situation arises.

Drawing up a complete, compliant contract guarantees protection for both parties: the employee knows his or her rights and obligations, while the employer can enforce compliance with the signed clauses if a dispute arises. To simplify this task, customizable templates and a creation workflow integrated into your HRIS are highly effective.

What are the employer's obligations with regard to employment contracts?

Where required by law or collective bargaining agreement, the employer must provide the employee with a written employment contract.

Employer obligations include:

• Inform the employee of key clauses (location, remuneration, duration, working hours).
• Respect the notice period in the event of dismissal, except for serious misconduct or the end of a fixed-term contract.
• Guarantee social protection in compliance with the French security code (health insurance, pensions, etc.).
• Do not unilaterally modify the contract if this involves changing the nature of the employment relationship (unjustified pay cut, radical change of workplace, etc.).

In the event of non-compliance, the employee can contest the validity of certain provisions, claim damages or request the requalification of the contract. It is therefore essential to ensure that HR models and practices are regularly updated, for example via dedicated HR reporting.

FAQ - Frequently asked questions

Can an employment contract be concluded verbally?

In theory, an employment contract can be drawn up orally if the employee and employer agree on the position and remuneration. However, this is very risky, as there is no written record to protect the parties in the event of a dispute. It is therefore strongly recommended to formalize the agreement in writing, especially for fixed-term contracts.

Can a fixed-term contract be automatically converted into a permanent contract?

Yes, if a fixed-term contract continues beyond the maximum legal duration, or if the employer fails to draw up a rider validating the extension, labor law provides for its requalification as an open-ended contract. The conditions of form and the period set for this limited-term contract must therefore be respected.

Does teleworking require a contract amendment?

Teleworking changes working conditions (location, working hours, etc.). A rider is often advisable to avoid any subsequent disputes, unless a collective agreement authorizes this practice without any particular formalism. In particular, the telecommuting clause specifies how expenses are to be covered, and how the agreement is to be applied.

Can a fixed-term contract be terminated early?

Early termination of a fixed-term contract is subject to strict conditions: mutual agreement between the parties, serious misconduct, force majeure, or hiring on an open-ended contract. Any other reason is liable to prosecution and the payment of compensation to the injured party.