Is the employment contract necessarily written?
Verified 16 October 2019 - Directorate for Legal and Administrative Information (Prime Minister)
The following contracts must be written:
- Fixed-term contract
- Part-time indefinite contract (CDI)
- Temporary employment contract
- Intermittent Work Contract
- Learning contract
- Professionalization contract
- Single Insertion Contract (CUI)
- Contracts with an employers' group
- Contract of employment in wage bearing fixed or indeterminate
If the contract is not written when it should be, the employee is presumed to be a full-time permanent employee.
If the employer did not write a letter when it should have, it risks €1,500 a fine for a part-time or intermittent contract. It also risks €3,750 (€7,500 in case of recidivism) if he uses CDD or temporary work without a written contract.
No writing is required for a CDI full-time, unless provided for in a collective agreement.
However, in the absence of a mandatory written statement, the employer must provide the employee with a copy of the Pre-Hiring Notification (EPAD)..
In practice, and in particular to prevent conflict, the signing of a contract is always preferable.
the written contract must be in french. Foreign employees may request the translation of their contract into their language of origin.
- Labor Code: Article L3123-6Written contract required for part-time work
- Labor Code: Articles L3123-33 to L3123-37Written contract required for intermittent work (L3123-34)
- Labor Code: Articles R6222-2 to R6222-4Mandatory written contract for a learning contract (R6222-2)
- Labor Code: Articles D6325-1 to D6325-5Mandatory written contract for a professionalization contract (D6325-1)
- Labor Code: Articles L1251-16 to L 1251-17Written mission contract (temporary work)
- Labor Code: Article L1254-14Contract of employment in wage-bearing established in writing
- Labor Code: Articles L1221-1 to L1221-5Optional written contract (L1221-1), presumption of CDI in the absence of writing (L1221-2) and contract written in French (L1221-3)
- Labor Code: Article R1221-9Pre-hire declaration