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Is the employment contract necessarily written?

Verified 09 April 2021 - Directorate for Legal and Administrative Information (Prime Minister)

The following employment contracts must be concluded in writing:

If the contract is not written when it should be, the employee is presumed to be in full-time CDI.

The requalification of the contract (i.e. its conversion into a full-time CDI) may be initiated by the labor council (CPH) at the request of the employee.

If the employer did not write when it should have, it could be fined €1,500 for a part-time or intermittent contract.

The employer also faces 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.

Generally, a written form is not required for a full-time DTA, but a collective agreement may provide for a written form.

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, it is always preferable to sign a 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.