In professional and legal jargon, an employment contract is an agreement that binds an employee to their employer. Indeed, as soon as a job offer is accepted, the contract creates a relationship of subordination between the people involved. The employment contract indicates that you have accepted the position under the conditions proposed by the employer.
What are the different types of employment contracts?
There are different types of contracts, but a written contract is essential for:
The permanent contract
This is the most common and normal form of employment contract. It is proposed when the employer offers stable work of unknown duration.
The fixed-term or fixed-term employment contract
Unlike the permanent contract, this is valid for a known period. It is exceptional and is only authorized within the limits provided for by law and the labor code.
The intermittent employment contract
The intermittent contract is a form of contract in which the employee can alternate between working and non-working periods.
The temporary employment contract
This is a tripartite contract. Here, the employee is recruited and paid by the so-called "user" company. He is then placed in the service of another company to carry out a temporary assignment.
The apprenticeship contract
This is an employment contract that a company enters into with a young person aged between 16 and 25. Depending on the qualification, it can last 3 years.
The professionalization contract
This is a work-study contract. It combines teaching within a training organization and practical application within companies.
The single integration contract
It is concluded and valid for 4 months except for people who benefit from a sentence adjustment.
Contracts concluded with employer groups
These are written contracts that include various clauses, including remuneration and employment conditions. In addition, professional qualifications, a list of potential users, and the locations where the work will be carried out are also specified.
Employment contracts in wage portage
Wage portage involves three parties. In this type of contract, the employee affiliated by the umbrella company carries out missions on behalf of several client companies. This type of contract can be either a permanent or fixed-term contract.
Apprenticeship contract for 16-year-olds
This is a work-study program offered to 16-year-olds. They can work in a company and continue their current theoretical training.
What does the employment contract look like?
An employment contract can be either verbal or written. However, anyone legally considered an employee or worker has the right to have a written document stipulating the various conditions of their employment. This document consists of:
- All express terms agreed in writing, including the employee's wages and hours of work or activity.
- All obvious statutory clauses mentioned in employment law. For example, an employee is strictly prohibited from stealing from their employer.
- All rights and responsibilities of each party involved. For example, an employee must behave politely and courteously in front of customers and their employer.
- All other useful clauses in the contract. Generally, they are taken from the staff manual, the internal regulations and case law.
For more details, find out how to make an employment contract in order to comply with all legal provisions.
What are the constituent elements of a standard employment contract?
- An employment contract is bilateral and each signatory party has obligations towards the other. The conclusion of the contract is subject to the rules of common law as provided for in Article 1128-1 of the Civil Code. Such a contract then includes:
- · The consent of the parties;
- · The capacity to contract;
- · A certain object: the provision of work by the employee and remuneration by the employer;
- · A lawful element: the employee is not engaged in immoral or illicit work.
- However, the contract must not be subject to any defect of consent (violence, fraud, error, etc.). If so, it is null and void. The form of the employment contract has not been provided for by law. Doctrine and case law therefore agree to define its presentation. The latter must meet the following three elements:
- · A work service provided by the employee;
- · Remuneration from the employer;
- · A relationship of subordination.
- The contracting parties may use different jargon in the event of a dispute, but the judge only considers the conditions of the activity. The title of the contract is therefore not a determining factor.
What can be omitted from an employment contract?
It is often preferable not to include clauses in employment contracts that are likely to change over time. These include, for example, detailed procedures for sick pay, maternity leave, bonus schemes not provided for in the contract, or training programs for all employees. If they are included in the contract, they are expected to always be available and not changeable without a formal and fair consultation process.
This means that any changes to procedures must be discussed with staff. This is not only time-consuming, but can also lead to difficulties if a staff member disagrees with the change. It is usually better to record these provisions in an internal policy rather than a contract and to refer to them through a clause included in the contract. This way, less difficult changes can be made.
When does the employment contract begin?
The employment contract begins when the employee starts working, even if nothing is written down beforehand. However, it can start earlier if all of the following conditions have been met:
- The hiring is effective
- The job offer has been accepted either verbally or in writing, regardless of whether it is a permanent contract or a fixed-term contract
- The employer is convinced and satisfied by the qualifications and references of his future employee
- The terms and conditions of employment are defined clearly and precisely, verbally or in writing.
Is it possible to modify an employment contract?
If you need to make minor changes to the If you have an employee's employment contract, you must notify them in advance so that a new contract can be drawn up and signed. Otherwise, communicate the changes in writing, such as by sending a letter and email to be more in line with the current era.
Significant changes, such as changes in working hours, always require the employee's consent. In some cases, it is possible to give them something in exchange for their consent (known as a "gratuity"). This usually means you can introduce the change at the same time as a promotion or pay raise. Any changes must be communicated within one month of the change.
If you are considering making significant changes to an existing contract with an employee, you may wish to consult your HR advisor on the best way to make these changes.
Furthermore, some employers sometimes enter into agreements with unions or employee associations. This is called a collective bargaining agreement. The agreement must clearly state which terms apply to you and anything that is authorized to be negotiated on your behalf. These agreements may apply even if you are not a member of a professional or staff union.
What about termination of the employment contract?
The employer and the employee can decide to terminate the contract. This can be done unilaterally or by mutual agreement.
Termination at the employer's initiative
The employer can decide to terminate a temporary employment contract for serious misconduct and in cases of force majeure. They can terminate a fixed-term contract in the same way, but they are also free to stop working due to the employee's incapacity. With this in mind, it decides on termination for proven incompetence of the worker preventing the continuation of the relationship.
The employer has the right to terminate the contract by dismissing the employee. Dismissal for misconduct and economic dismissal are the most well-known. This could be, for example, retirement.
Termination at the employee's initiative
Early termination of a temporary employment contract can be due to force majeure, or when the employee is newly hired on a permanent contract. The same applies to the termination of a fixed-term contract. An employee can terminate their permanent contract by resigning or retiring. It may also be a judicial termination. In this case, the employee can terminate the employment contract by challenging their employer. This termination occurs when the employer fails to meet its obligations. The employee will then appeal to the industrial tribunal. They will continue to work until the termination is pronounced.
For a permanent contract, the employee can only leave their position after the notice period, the maximum period of which is one week (for employees who have been with a company for less than 2 years) or two weeks (for employees with a company for more than 2 years), except for maternity leave. Otherwise, the resignation will be considered abusive. However, termination is always free for both parties during the trial period. The collective agreement therefore covers it, and the employee must refer to it.
What are the main clauses of an employment contract?
An employment contract can be either verbal or written. It allows the various people involved to be clear about their obligations from the signing to the conclusion of the contract. Here is a set of clauses that may appear in an employment contract.
· All express conditions agreed in writing, including the employee's salary and working hours or activity;
· All obvious statutory clauses mentioned in labor law. For example, the strict prohibition for an employee to steal from their employer;
· All the rights and responsibilities of each of the parties involved. For example, we have the obligation for an employee to adopt a polite and courteous behavioral attitude towards customers and their employer;
· All other useful clauses in the contract. Generally, these are taken from the staff handbook, internal regulations, and case law.
However, it is often preferable not to include clauses in employment contracts that are likely to change over time. These include, for example, detailed procedures for sick pay, maternity leave, bonus schemes not provided for in the contract, or training programs. Instead, record these provisions in a policy through an "integrated clause" in the contract.
