Conclusion of a permanent employment contract (CDI) for an employee

Verified 03 June 2024 - Directorate for Legal and Administrative Information (Prime Minister)

What happens if an employer wants to hire an employee on a permanent contract of employment (CDI)? What provisions must be included in the employee's contract of employment under a contract? We present you with the information you need to know.

The DTA: titleContent is the form normal and general the recruitment of an employee by an employer.

The employer must therefore have recourse to this type of contract on a permanent contract, unless he can justify a situation which allows recourse to another type of contract (CSD: titleContent or temporary).

Candidate Selection

The recruitment process should not be discriminatory.

The employer has the right to request information to the applicant in order to assess his or her professional skills, qualifications and abilities.

This information must have a direct link with the employee's employment and vacancy for recruitment.

Information of the applicant for employment on a permanent contract

Candidates applying for a position on a permanent contract must be informed beforehand of methods and recruitment assistance techniques used (e.g. testing, recruitment firm).

The results obtained must remain confidential.

Formalism

The CDI at full-time is not necessarily the subject of a written contract.

The CDI at part-time must be written.

In most cases, and regardless of the working time provided for, a written contract of employment is signed and responds to certain legal requirements.

Warning  

in the absence of a written commitment, the contract concluded is a DTA.

Where it is in writing, the CDI must be drafted in French.

If the use that is the subject of the CDI can only be designated by a foreigners term without a corresponding in French, the CDI includes an explanation in French of the term foreigners.

If the employee is a foreigner, a translation of the contract must be written in the language of the employee at his request.

Warning  

if the employee is under 18, he may sign his contract only after authorization from his legal representative.

Particulars in the CDI

The content of a DTA is free unless the collective agreement provides for mandatory particulars.

In practice, the CDI must provide for the following information:

  • Identity and address of the parties (employer and employee)
  • Function and professional qualification
  • Workplace
  • Hours of work
  • Remuneration (salary and bonuses)
  • Paid Leave
  • Duration of the trial period
  • Notice periods in the event of termination of the contract
  • Possibly, non-compete clause or mobility

The employer provides the employee with a copy of the signed CDI.

The Digital Labor Code website offers a contract template:

Model - Contract of employment of indefinite duration (CDI)

The CDI is concluded without any time limit.

However, there are DTAs, the duration of which can be adjusted on a year-by-year basis or by periods (for example: Intermittent DTA, Interim DTA).

The contract may be suspended without being broken in certain cases (for example: maternity leave, paternity leave, strike).

Reminder

The CDI has no specific term.

The CDI can therefore only be terminated by the employer or employee or by the two parties (for example: economic redundancy, dismissal on personal grounds, resignation, retirement, conventional break).

The breakdown of the CDI is possible in compliance with legal and contractual provisions applicable.

The employee or employer may also terminate the CDI, without particular justification and with or without compensation, during the trial period.

Model - Contract of employment of indefinite duration (CDI)

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