Navigating the landscape of French labour law can be complex, whether you are a young professional, an experienced worker, or a foreign resident newly settled in France. Choosing a employment contract is not a mere administrative formality: it determines your financial security, your daily rights, and your career progression. Between the CDI (permanent contract), the CDD (fixed-term contract), and intérim (temporary/agency work), the rules of the game differ greatly when it comes to termination, compensation, and flexibility. This comprehensive guide, written by our experts at AvocatAI, gives you all the legal and practical keys to understand your rights and make the right choices.
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The Contrat à Durée Indéterminée (CDI - permanent employment contract) constitutes the normal and general form of the employment relationship in France, as stated in Article L. 1221-2 of the Code du travail (French Labour Code). Unlike other contracts, it has no predetermined end date.
A CDI can be concluded on a full-time or part-time basis. Notably in French law: a full-time CDI can be verbal (although a written contract is highly recommended and made mandatory by the majority of conventions collectives (collective bargaining agreements)). On the other hand, if it is part-time, a written contract is an absolute condition for validity.
The période d'essai (probationary period) allows the employer to evaluate the employee's skills and the employee to assess whether the duties suit them. According to Article L. 1221-19 of the Code du travail, the maximum duration of the initial probationary period is:
This period can be renewed once if a branch agreement provides for it and this is written into the contract, without exceeding 4, 6, or 8 months respectively.
The CDI offers high protection, as its unilateral termination by the employer is strictly regulated:
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The Contrat à Durée Déterminée (CDD - fixed-term contract) must not have the purpose or effect of permanently filling a job related to the normal and permanent activity of the company (Article L. 1242-1 of the Code du travail). It can only be concluded for the execution of a precise and temporary task.
The use of a CDD is strictly limited by law. The main grounds are:
The maximum duration of a CDD varies depending on the reason, but it is generally 18 months (including renewals). A CDD can be renewed a maximum of 2 times, provided that the total duration does not exceed the legal maximum limit.
Between two CDDs on the same job post, the employer must respect a délai de carence (waiting period) intended to prevent the casualisation of employment. This waiting period is:
The CDD ends automatically at the end of its term. Except in very specific cases (seasonal contracts, subsidized contracts, or if the employee refuses a CDI for the same job), the employee is entitled to:
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Intérim (temporary agency work) involves three parties: the entreprise de travail temporaire (ETT - temporary work agency), the temporary worker (salarié intérimaire), and the entreprise utilisatrice (EU - user company).
```
[ Temporary Work Agency (ETT) ]
/ \
Contract of Mission / \ Provision Contract
(Employment relationship)/ \ (Commercial relationship)
/ \
v v
[ Temporary Worker ] <---> [ User Company (EU) ]
Work performance
```
Two distinct contracts are signed:
1. The contract of provision (contrat de mise à disposition - commercial) between the ETT and the user company.
2. The contract of mission (contrat de mission - employment) between the ETT and the temporary worker. It must be sent to the worker at the latest within 2 working days following their placement.
The temporary worker benefits from the principle of equal treatment. Their remuneration cannot be lower than what an employee of the user company with equivalent qualifications occupying the same post would receive after their probationary period.
At the end of their mission, the temporary worker receives:
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| Criteria | CDI | CDD | Intérim (Mission) |
| :--- | :--- | :--- | :--- |
| Contract Duration | Indefinite | Fixed (max 18 months in general) | Fixed (max 18 months in general) |
| Direct Employer | The user company | The user company | The temporary work agency (ETT) |
| Probationary Period | 2 to 4 months (renewable) | 1 day per week of contract (max 2 weeks if contract < 6 months, 1 month if > 6 months) | From 2 to 5 days depending on the duration of the mission |
| End-of-contract Indemnities | Dismissal or mutual termination indemnity | Prime de précarité (10% of gross) + Paid leave (10%) | End-of-mission indemnity (10%) + Paid leave (10%) |
| Early Termination | Resignation, dismissal, mutual termination | Mutual agreement, gross misconduct, force majeure, securing a CDI | Mutual agreement, gross misconduct, force majeure, securing a CDI |
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To better understand the financial impact of these different contracts, here are two concrete simulations based on the legal rules in force.
Let's take the case of Sofia, hired on a CDD for a temporary increase in activity for 6 months in a logistics company. Her monthly gross salary is 1,800 €. She did not take any days off during her mission.
1. Total gross salaries received: 6 months × 1,800 € = 10,800 €
2. *Calculation of the prime de précarité (10%): 10,800 € × 10% = 1,080 €*
3. Calculation basis for paid leave: Gross salaries + prime de précarité = 10,800 € + 1,080 € = 11,880 €
4. Calculation of the paid leave compensation indemnity (10%): 11,880 € × 10% = 1,188 €
5. Total gross remuneration received at the end of the contract: 10,800 € + 1,080 € + 1,188 € = 13,068 €
Let's take the case of Thomas, an electrician, carrying out a temporary work mission of 3 months with a monthly gross salary of 2,200 €.
1. Total basic gross salaries: 3 months × 2,200 € = 6,600 €
2. Calculation of the end-of-mission indemnity (IFM - 10%): 6,600 € × 10% = 660 €
3. Calculation basis for the paid leave indemnity: (Basic salary + IFM) = 6,600 € + 660 € = 7,260 €
4. Calculation of the paid leave indemnity (ICCP - 10%): 7,260 € × 10% = 726 €
5. Total gross amount paid to Thomas: 6,600 € + 660 € + 726 € = 7,986 €
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If you believe that your rights are not being respected (non-payment of indemnities, contract reclassification, unfair dismissal), here is the step-by-step procedure to follow:
1. Attempt an amicable resolution: Send a registered letter with acknowledgment of receipt (lettre recommandée avec accusé de réception - LRAR) to your employer (or the temporary work agency) clearly stating your claims and citing the applicable legal articles.
2. Contact the Labour Inspectorate: Control officers from the Inspection du Travail (Labour Inspectorate) can intervene in the company to investigate violations of social legislation.
3. Bring the case before the Labour Tribunal: The Conseil de Prud'hommes (CPH - French labour tribunal) is the competent jurisdiction to resolve individual disputes arising from a private-law employment contract.
4. Respect the statute of limitations: You have a period of 12 months to contest the termination of a contract, and 3 years to claim back pay for unpaid wages or indemnities.
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No, except in very limited cases defined by Article L. 1243-1 of the Code du travail: mutual agreement between the parties, gross misconduct (faute grave) of the employee or the employer, force majeure, unfitness certified by the occupational doctor, or if the employee proves they have secured a CDI in another company. Outside of these cases, an early termination by the employer entitles the employee to damages of an amount at least equal to the salaries they would have received until the end of the contract.
Yes. In French labour law, the principle of non-discrimination fully applies. A foreign worker in a regular situation (holding a residence permit authorizing them to work in France) benefits from exactly the same rights, salary scales, social protections, and legal remedies as an employee of French nationality.
Reclassification (requalification) is a legal sanction by which the Conseil de Prud'hommes reclassifies a CDD or a temporary contract into a CDI. This occurs when the employer has not respected the substantive or formal rules (absence of a valid reason, exceeding the maximum duration, failure to respect the waiting period). If successful, the employee also obtains a reclassification indemnity which cannot be less than 1 month of salary.
Yes, holding multiple contracts is possible, but you must strictly respect the maximum working hours authorized in France: no more than 10 hours per day, and no more than 48 hours per week (or 44 hours weekly on average over a period of 12 consecutive weeks). In addition, you must respect an obligation of loyalty towards your various employers and not work for a direct competitor.
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Legal information for guidance only, not personalised legal advice. For your specific situation, ask your question free of charge on AvocatAI — answers based on French law, in your language.