Is the employment contract necessarily written?

Verified 01 February 2024 - Directorate for Legal and Administrative Information (Prime Minister)

It depends on the nature of the employment contract of the employee, hired in CSD: titleContent or DTA: titleContent. We present you with the information you need to know.

CSD

The fixed-term contract (CDD)) must obligatory be concluded in writing.

The following fixed-term employment contracts must also be obligatory concluded in writing  :

If the fixed-term contract has not been concluded in writing, the contract of employment may then be requalified, possibly in a full-time DTA.

The requalification of the CDD (i.e. its conversion into full-time CDI) can then be decided by the labor council (CPH) at the request of the employee and subject to conditions.

The employer is liable to 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.

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.

DTA

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Full-time DTA

As a general rule, a written statement is not not required for a full-time CDI, but one collective agreement may provide for a written statement.

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 or dispute between the employee and the employer, the signing of a contract is always preferable.

If the employer has not written for a full-time contract of employment, when he should have, he may be fined an amount of €1,500 (€3,000 in case of recurrence).

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.

Part-time DTA

The employment contract of the part-time employee shall obligatory be concluded in writing.

If the employer has not written for a part-time contract of employment, when he should have, he may be fined an amount of €1,500 (€3,000 in case of recurrence).

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.

FAQ