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Written Agreements

In France, employment contracts are not generally required to be written, but certain forms of employment contracts must be in writing. Both fixed-term contracts and temporary work contracts must be written (failing to do so, the contract will be qualified as an open-ended contract. Furthermore, part-time contracts (even open-ended ones) need to be written, and a variety of clauses need to be written (ex. non-compete clauses). The employment contract exists as soon as a person (the employee) undertakes to work, for remuneration, on behalf and under the direction of another person (the employer). Only a CDI (Contract à Durée Indéterminée; full-time permanent contract) can be unwritten, all others need to be in writing. When the employee is a foreigner, he may request a translation in his language, both versions being binding, and in case of discrepancy between the versions, the one written in the employee’s language shall prevail.

A written contract is necessary when:

• An applicable collective bargaining agreement (CBA) requires it.
• It is a fixed-term, part-time, or temporary contract.
• It is an intermittent employment contract.
• It is an apprenticeship employment contract.
• It is a professionalization employment contract.
• It is a contract with the employers' group.
• It is a specific contract provided for people in difficulty, in particular, the single integration contract.

Oral Agreements

According to the French Labor Code, only the full-time permanent employment contract can be unwritten. And even if the full-time, open-ended contract remains verbal, the employer is obliged to provide the employee with a written document with the information contained in the pre-employment declaration addressed to URSSAF for social security. Oral fixed-term agreements are irrevocably deemed to be indefinite-term contracts (CDI), and oral part-time agreements are considered to be full-time contracts. The European Union (EU) law requires employers to inform workers in writing of certain material terms applicable to the employment agreement or the employment relationship within 2 months following the beginning of employment. In the absence of a written employment contract, the employee is considered a permanent employee.

Implied Agreements

The employment contract exists as soon as a person (the employee) undertakes to work, for remuneration, on behalf of and under the direction of another person (the employer). Only a full-time permanent contract (CDI) can be unwritten, therefore any implied contract will be deemed to qualify as a permanent contract (CDI). The primary sources of terms implied by French law in the employment contract are French statutory law and collective bargaining agreements. If there is a difference between the terms of the applicable statutes or the collective bargaining agreement and an individual employment contract, the CBA terms will prevail, unless the terms of the individual employment contract are more advantageous for the employee. The employment contract can only alter implied provisions if they are applied to the employee's advantage.

The statutory working hours are 35 hours per calendar week or 7 hours per day. Employees are permitted to work overtime on either a one-off basis or regularly. Employers should be cautious when employees work more than 39 hours a week because the maximum amount of overtime an employee may work is 220 hours per year.

There are more flexible systems for autonomous employees and those employed as executives, but the employer must track the hours worked accurately. Furthermore, an exemption from most working time and rest-related regulations is allowed for “managing executives,” but this is exceptional and rarely accepted by employees. The hours worked by a nighttime employee cannot exceed 8 per day (or 40 per week), except under certain circumstances authorized by a labor inspector.

In France, the following holidays are observed:

• New Year (Jour de l'An) - January 1
• Easter Monday (Lundi de Pâques) - date subject to change every year
• Labor Day (Fête du Travail) - May 1
• Victory Day 1945 (Fête de la Victoire) - May 8
• Ascension Day (Jour de l'Ascension) - date subject to change every year
• Whit Sunday (Pentecôte) - date subject to change every year
• Whit Monday (Lundi de Pentecôte) - date subject to change every year
• French National Day (Fête Nationale de la France) - July 14
• Assumption Day (Assomption) - August 15
• All Saints' Day (Toussaint) - November 1
• Ceasefire of Compiègne (Armistice 1918) - November 11
• 1st Christmas Holiday (Noël) - December 25
• 2nd Christmas Holiday (Lendemain de Noël) - December 26

Only Labor Day (May 1) is a compulsory holiday. All other holidays are defined by a collective bargaining agreement, in the absence of which, it becomes the responsibility of the employer. Employers may also decide to grant a paid holiday on a bridge day (a day preceding or following a public holiday).

In France, the trial period (as opposed to the "probationary period" which only applies to promoted employees) allows the employer to assess the skills of the employee at work, particularly in view of their experience, and the employee to determine whether the new job suits them. Permanent employment contracts have a trial period with the following maximum limits for different categories of workers (including renewals):

• 4 months for workers and employees
• 6 months for supervisors and technicians
• 8 months for executives

Fixed-term contracts cannot have a trial period that exceeds 2 weeks for any contract lasting 6 months or less and 1 month for contracts lasting longer than 6 months. Typically, the trial period is 1 day for each week of the contract’s duration up to the maximum. Temporary workers also have limits on probationary periods:

• Two days when the contract is signed for 1 month or less
• Three days when the contract is signed for more than 1 month and maximum 2 months
• Five days when the contract is signed for more than 2 months

Probationary periods longer than 1 week require a notice period.

Notice Period

Under the employment law of France, the termination of an employment agreement by either of the parties must be preceded by a notice period during which the contract remains in effect and binding on both parties. The requirement of prior notice is provided by the law, particularly in cases of resignation, dismissal (except in cases of gross and willful misconduct of the employee), or voluntary and involuntary retirement.

Except in instances of gross misconduct (which may permit an immediate dismissal), the employer must comply with applicable notice periods.

• For a period of continuous employment of less than 6 months, the duration of the notice is determined by the law (where some specific text exists), the collective convention, or, failing that, by the practices practiced in the locality and the profession;
• For a period of continuous employment between 6 months and 2 years, the statutory minimum notice is 1 month.
• For a period of continuous employment of more than 2 years, the statutory minimum notice is 2 months.

Any applicable collective bargaining agreement or employment contract may increase the statutory minimum. During the notice period, an employee continues to work. The employer may waive this obligation but must pay the employee's salary and holiday pay on up to the end of the notice period.

Severance Benefits

Under the labor law of France, severance pay is only awarded if:

• The employer terminates an indefinite-term contract for a reason other than serious or gross negligence
• The employee has worked in the company for at least eight months

Severance pay depends on the employee's length of service and the relevant collective bargaining agreement (CBA) provisions. It is generally calculated based on an employee's average salary (often including bonuses as well as basic salary) during the last year of employment (or the last 3 months if this is more favorable to the employee). Statutory severance pay is calculated as follows:

• A quarter of a month's salary per year of service for up to 10 years
• A third of a month's salary per year of service of more than ten years

Statutory severance pay is not subject to income tax.

Minimum Wage

The French minimum wage (salaire minimum de croissanceor SMIC) is adjusted every year on January 1. The current hourly minimum wage for adult employees is EUR 11.88 (Euros). This amount equates to EUR 1,801.80 per month based on a legal workweek of 35 hours and an annual minimum wage of EUR 21,621.60. When accounting for the deduction of employee contributions, the net minimum wage is EUR 9.50 per hour, EUR 1,361.97 per month, and EUR 16,343.64 per year.

Overtime, Holiday & Vacation Pay

In France, statutory working hours are 35 hours per calendar week. Employees can, however, work more than the statutory working hours either on a one-off basis (overtime) or as part of a specific working time arrangement. With occasional exceptions, employees must not work more than 48 hours per week, and must not exceed an average of 44 hours per week and 10 hours per day over 12 consecutive weeks. In the absence of collective agreements stipulating otherwise, the overtime hours cannot be greater than 220 hours per year. Overtime pay is regulated by collective agreements. Employees will not pay income tax on overtime pay up to EUR 5,000 (Euros) per year.

Employees in France are eligible for paid holidays if they have at least 3 months of service in the company or establishment. Annual leave pay may be calculated in one of two ways, as long as it is the one most advantageous to the employee:

• Compensation equal to the remuneration which would have been received during the leave if the employee had continued to work, calculated as a function of the earned wages due for the period preceding the leave (the last month for monthly employees) and the actual working hours of the establishment.
• Compensation equal to 10% of the total gross compensation received by the employee during the reference period (period fixed by collective agreement or, failing this, the period from June 1 to May 31).

Visas

The type of visa required for entering France depends on the duration of the intended stay and its reasons.

• Short-stay visa (visa de court séjour) - issued for a maximum of three months and valid in all other Schengen member countries.
• Long-stay visa (visa de long séjour) - valid for three to 12 months
• Circulation visa (Visa de circulation) - valid from one to five years and allows stays in France for up to three months every six months.

Citizens of the following countries do not need a visa for France: all 28 EU member countries, Iceland, Liechtenstein and Norway, and Switzerland. Citizens from many countries may stay for 90 days without a visa, including Argentina, Australia, Brazil, Canada, Chile, Costa Rica, Israel, Japan, Malaysia, Mexico, New Zealand, Singapore, South Korea, Switzerland, United States, Uruguay, Vatican, and Venezuela. Others need a visa to enter France.

Work Permits

Per the laws of France, EU citizens do not need a work or residence permit if they hold a passport or other ID, proving their EU citizenship. All non-EU citizens are required to obtain a work permit for employment in France. The relevant préfecture will consider the employment situation within its territory or department when deciding whether to grant a work permit. Persons entering France to exercise a salaried activity for a duration less than or equal to three months in sports, seminars, entertainment, modeling, artistic, personal services, teaching, etc. do not require a work permit.

The work permit issued in a French department, a community, or an overseas territory is valid only in that department, community or territory. Persons who hold such authorization and wish to work in France must obtain a new work permit. On the other hand, a person does not need to get a new work permit if they hold:

• A resident card
• A residence card, private and family life
• A European Blue Card stay card

In these cases, a person must report the change of address to the prefecture.

Undocumented immigrants may apply for temporary work authorization for difficult fields such as construction, personal care and assistance, catering, etc. To be eligible, the applicant must have worked 12 months in the last 24 and have resided in France for at least 3 years.